Chapter VII-

"Readjustment Allowances for Former Members of the Armed. Forces Who are Unemployed."

But the most important section or paragraph of P. L. 346 is Section 1503: A discharge or release from active service under conditions other than dishonorable shall, be a prerequisite to entitlement to veterans' benefits provided by this Act or Public Law Numbered 2, Seventy-

third Congress, as amended. Congress makes laws and Federal agencies make rules and regulations pursuant thereto. In this case the Veterans Administration, under authority of the aforementioned laws, as recently been paring benefits.

As far back as 1938 the legislative intent of Public Law No. 2, 73rd Congress, was spelled out, but the word "homosexual" was not there:

Sec. 2.1064. Character of discharge under Public Law, No. 2, 73rd Congress. To be entitled to compensation of pension under Public, No. 2, 73rd Congress, the period of active service upon which claim is. based must have been terminated by an honorable discharge. A bad conduct dis-. charge,' and 'undesirable discharge,' separation for the 'for the good of the service,' and, ordinary discharge' (unless under honorable conditions) or other form of discharge not specilically an honorable discharge,, or held by the Service Department to have been granted, 'under honorable conditions', will not meet the service re quirements of Public No. 2, 73d 1 Congress, and all regulations issued thereunder. An officer

who resigned from the service under honorable conditions |

will be considered as having been honorably discharged.4 By 1946, however, the language of the Veteran's Administration had got stronger, so that we, find the following:

Sec. 2.1064 (c). The acceptance of an undesirable or blue discharge to escape trial by general courtmartial will, by the terms of section 1503, Public No. 2, 73d Congress, as amended, and Public No. 346, 78th Congress, as it will be considered the discharge was under dishonorable conditions

(d). An undesirable or blue discharge issued because of homosexual acts or tendencies generally will be considered as under dishonorable conditions and a bar to entitlement under • Public No. 2, 73d Congress, as :amended, and Public No. 346, 78th Congress. However, the facts in a particuler case may warrant a different conclusion, in which event the case should be submitted to central office for the, attention and consideration of the director of the service concerned.5

(Emphasis supplied)

In 1947, we find the same thing, except that the last few words of Section (d) were changed to read: "...submitted to the director, claims service, branch office, for attention and consideration."6

The year 1949 saw no changes from 1947, and 1951-52 saw only another slight change in the final phrases of Section (d)t "..submitted to the director, claims service, district office, in field death cases, to the director, veterans claims service, cenitral office, in field living cases, or to; the director of the service concerned in central office cases, for attention and consideration."7

Until lately it seemed as though

no changes would occyr in these two mattaching REVIEW

important sections during 1954 or 1955. The homosexual veteran was seemingly "on the fence," for Section (d) was a little ambiguous and not too cruel, what with that second sentence:

However, the facts in a particular case may warrant a different conclusion, in which event the case should be submitted ...for... attention and consideration. Somebody, though, got impatient Jall of a sudden and decided to do some trimming. On October 28, there were found hidden amongst the vast and intricate mass of rules, regulations, notices, orders, etc., which continually issue from Washington, Sections (c) and (d) again. And this time Section (d) got a haircut, or at least a good shave. It consisted of but ONE sentence:

Sec. 3.64 (d). An undesirable discharge issued because of homosexual acts or tenden-

NEWS STAND DIRECTORY

cies generally will be considered as under dishonorable conditions and a bar to entitlement under Public No, 2, 73d Congress, as amended, and Public Law 346, 78th Congress, Congress,

as amended... 8

The homosexual veteran seems! doomed now. Meanwhile Section (c) is still perched up there above Section (d), with the same shaggy hair, beard, glowering look and everything.

48 Stat. 8, Sec. 1(a)

58 Stat. 284.

38 U. S. C., A., .pxxxviii

38 CFR 1939 (1st ed. of CFR, in

effect 6-1-38).

38 CFR (1946 Supp.).

Ibid., (1947 Supp.).

•

38 CFR 3.64 (d) (1951 Cumulative

Pocket Supp., "for use during 1952").

8 19 F. R. 6918 (10-28-54).

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