A-25626, JANUARY 15, 1929, 8 COMP. GEN. 367

A-25626: Jan 15, 1929

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HAS HAD SERVICE FROM WHICH HE WAS HONORABLY DISCHARGED. HE IS NOT ELIGIBLE FOR MEMBERSHIP IN THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS. IS DISHONORABLY DISCHARGED AND THE OFFENSE IS AUTHORITATIVELY WAIVED OR CONDONED. HE IS PERMITTED TO RENDER FURTHER SERVICE TERMINATING IN HONORABLE DISCHARGE. HE IS ELIGIBLE FOR MEMBERSHIP IN THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS. WHO FROM DIFFERENT PERIODS OF SERVICE HAVE RECEIVED BOTH HONORABLE AND DISHONORABLE DISCHARGES. IS HEREBY AMENDED TO READ AS FOLLOWS: "THE FOLLOWING PERSONS SHALL BE ENTITLED TO THE BENEFITS OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS. WHO ARE DISABLED BY DISEASE OR WOUNDS AND WHO HAVE NO ADEQUATE MEANS OF SUPPORT.

A-25626, JANUARY 15, 1929, 8 COMP. GEN. 367

NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS - ELIGIBILITY FOR MEMBERSHIP THE ACT OF MARCH 26, 1928, 45 STAT. 366, REQUIRES AS A CONDITION TO BE ELIGIBLE FOR MEMBERSHIP IN THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS, THAT THE PERSONS DESCRIBED IN THE ACT SHALL BE "HONORABLY DISCHARGED.' WHERE A PERSON OTHERWISE WITHIN THE PROVISIONS OF THE ACT OF MARCH 26, 1928, 45 STAT. 366, HAS HAD SERVICE FROM WHICH HE WAS HONORABLY DISCHARGED, FOLLOWED BY SERVICE TERMINATED OTHER THAN BY AN HONORABLE DISCHARGE, HE IS NOT ELIGIBLE FOR MEMBERSHIP IN THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS. WHERE A PERSON OTHERWISE WITHIN THE PROVISIONS OF THE ACT OF MARCH 26, 1928, 45 STAT. 366, IS DISHONORABLY DISCHARGED AND THE OFFENSE IS AUTHORITATIVELY WAIVED OR CONDONED, AND HE IS PERMITTED TO RENDER FURTHER SERVICE TERMINATING IN HONORABLE DISCHARGE, OR WHERE THE RECORD HAS BEEN LEGALLY CHANGED TO SHOW HONORABLE SERVICE, HE IS ELIGIBLE FOR MEMBERSHIP IN THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS.

COMPTROLLER GENERAL MCCARL TO GEN. GEORGE H. WOOD, PRESIDENT OF THE BOARD OF MANAGERS, NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS, JANUARY 15, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 3, 1929, REQUESTING DECISION AS TO THE ELIGIBILITY FOR ADMISSION AS MEMBERS OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS OF PERSONS DESCRIBED IN THE ACT OF MARCH 26, 1928, 45 STAT. 366, WHO FROM DIFFERENT PERIODS OF SERVICE HAVE RECEIVED BOTH HONORABLE AND DISHONORABLE DISCHARGES.

THE ACT OF MARCH 26, 1928, CITED, PROVIDES:

THAT THE ACT APPROVED JUNE 7, 1924, IS HEREBY AMENDED TO READ AS FOLLOWS:

"THE FOLLOWING PERSONS SHALL BE ENTITLED TO THE BENEFITS OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS, AND MAY BE ADMITTED THERETO UPON THE ORDER OF A MEMBER OF THE BOARD OF MANAGERS, NAMELY: HONORABLY DISCHARGED OFFICERS, SOLDIERS, SAILORS, OR MARINES, INCLUDING WOMEN COMMISSIONED OR ENLISTED, AND ARMY AND NAVY NURSES UNDER COMMISSION, ENLISTMENT, APPOINTMENT, ASSIGNMENT, OR CONTRACT SINCE APRIL 21, 1898, WHO SERVED IN THE REGULAR, VOLUNTEER, OR OTHER FORCES OF THE UNITED STATES, OR IN THE ORGANIZED MILITIA OR NATIONAL GUARD WHEN CALLED INTO FEDERAL SERVICE, AND WHO ARE DISABLED BY DISEASE OR WOUNDS AND WHO HAVE NO ADEQUATE MEANS OF SUPPORT, AND BY REASON OF SUCH DISABILITY ARE EITHER TEMPORARILY OR PERMANENTLY INCAPACITATED FROM EARNING A LIVING.'

THE STATUTE REQUIRES AS A CONDITION TO BE ELIGIBLE FOR MEMBERSHIP IN THE HOME THAT THE PERSON SHALL BE "HONORABLY DISCHARGED.' THE SITUATION WHERE THE SAME PERSON HAS BEEN GIVEN FOR DIFFERENT PERIODS OF SERVICE BOTH HONORABLE AND DISHONORABLE DISCHARGES IS NOT EXPRESSLY COVERED, BUT THE LAW HAS APPLICATION TO THE STATUS OF THE PERSON AT THE TIME APPLICATION IS MADE FOR MEMBERSHIP. THE LENGTH OF THE SERVICE IS NOT A FACTOR, AND WHERE SERVICE HAS BEEN RENDERED UNDER TWO OR MORE APPOINTMENTS OR TWO OR MORE ENLISTMENTS THE CHARACTER OF THE LAST DISCHARGE WOULD BE PRIMARILY FOR CONSIDERATION IN DETERMINING THE STATUS OF THE PERSON FOR BENEFITS UNDER THE ACT. A VALID REAPPOINTMENT OR REENLISTMENT CAN NOT FOLLOW A DISHONORABLE DISCHARGE UNLESS, WITH A KNOWLEDGE THEREOF, THE OFFENSE HAS BEEN AUTHORITATIVELY WAIVED OR CONDONED, AND WHERE THERE HAS BEEN SUBSEQUENT HONEST AND FAITHFUL SERVICE, TERMINATED BY HONORABLE DISCHARGE, THE PERSON SHOULD NOT BE DISCRIMINATED AGAINST BECAUSE OF SUCH DISHONORABLE DISCHARGE FOR WHICH THE OFFENSE WAS CONDONED OR WAIVED. AND, FURTHER, WHERE THERE HAS NOT BEEN SUBSEQUENT HONEST AND FAITHFUL SERVICE BUT THE CHARACTER OF THE DISCHARGE HAS BEEN AUTHORITATIVELY CHANGED AS UNDER THE ACT OF MARCH 16, 1926, 44 STAT. 208, WHICH PERMITTED THE REMOVAL OF THE STIGMA OF DISHONORABLE DISCHARGE FROM THE RECORD OF MEN WHO WERE DISCHARGED WITHOUT HONOR FROM THE ARMY BECAUSE OF MISREPRESENTATION OF AGE, THE RECORD WOULD SHOW THE EQUIVALENT OF AN HONORABLE DISCHARGE FOR THE PURPOSE OF GIVING APPLICATION TO THIS ACT, ENTITLING TO ELIGIBILITY FOR MEMBERSHIP IN THE HOME. YOU ARE ACCORDINGLY ADVISED THAT (1) WHERE A PERSON OTHERWISE WITHIN THE PROVISIONS OF THE ACT HAS HAD SERVICE FROM WHICH HE WAS HONORABLY DISCHARGED, FOLLOWED BY SERVICE TERMINATED OTHER THAN BY HONORABLE DISCHARGE, HE IS NOT ELIGIBLE FOR MEMBERSHIP IN THE HOME; (2) WHERE A PERSON OTHERWISE WITHIN THE PROVISIONS OF THE ACT IS DISHONORABLY DISCHARGED AND THE OFFENSE IS AUTHORITATIVELY WAIVED OR CONDONED, AND HE IS PERMITTED TO RENDER FURTHER SERVICE TERMINATING IN AN HONORABLE DISCHARGE, OR WHERE THE RECORD HAS BEEN LEGALLY CHANGED TO SHOW HONORABLE SERVICE, HE IS ELIGIBLE FOR MEMBERSHIP IN THE HOME.