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FEDERAL REGISTER, Wednesday, August 2, 1939

3506

obstructing or interfering with range lights, or for not complying with the navigation laws in regard to lightfog signals, or for otherwise violating law.
Sec. 7, River and Harbor Act, Mar. 4, 1915, 38 Stat. 1053; 33 U.S.C. 471
Regs., July 21, 1939 EJD. 7175 Isthmus Cove, C alif.-1/5 1
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P. R. Doc. 39-2828; Filed, August 1, 1939;
9:37 a. m.

TITLE 38PENSIONS, BONUSES, AND
VETERANS R ELIEF
VETERANS ADMINISTRATION
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BURIAL AND FUNERAL EX P EN SES AND TRANS
PORTATION OF BODIES OF VETERANS

D efinition o f V eteran o f any W ar 2.2694 A Persons included. The term veteran of any war for the pur pose of adjudicating claims for direct payment of or reimbursement for burial, funeral and transportation expenses in curred in behalf of deceased veterans where death was on or subsequent to March 20, 1933, will include: 1 Civil War, any honorably discharged member of the active military or naval service of the United States who served during the Civil War subsequent to April 11, 1861, and prior to May 27, 1865, including those persons who served as members of State organizations participating in the Civil W ar for whose services the State has been reimbursed by the United States Government.
Nothing herein shall be construed to exclude from the definition any person who was receiving pension as a Civil War veteran under the Civil War service pension laws or who was not entitled to pension under such Civil War pension service laws solely because of length of service or as to whom any special act of Congress has been enacted which provides that such person shall be considered as having rendered military service during the Civil W ar; 2 Indian Wars, any veteran of any Indian War, as formerly contem plated by the provisions of Section 201
1 of the World War Veterans Act, 1924, as amended, and regulations, prec edents, and instructions issued pursuant thereto, or a person who a t time of his death was receiving a pension in accord ance with the provisions of the laws governing the payment of a pension as a veteran of an Indian W ar; 3 Spanish-American War, any honorably dis charged officer or enlisted man who was employed in the active military or naval service of the United States on or after April 21, 1898 and before August 13, 1898, including those women who served as army nurses under contract during this period and including any honorably
discharged person who died on or after March 19, 1935, and who served in the military or naval service of the United States between August 13, 1898 and July 4, 1902, both dates inclusive, who left the continental United States under orders for military or naval service in Guam, Cuba, or Puerto Rico, between such dates inclusive; where death oc curred on or after May 3, 1939, any honorably discharged officer or enlisted man who was employed in the active military or naval service of the United States on or after April 21, 1898 and before April 12, 1899, including those women who served as army nurses under contract and persons who served over seas as contract surgeons of the army during this period; 4 Philippine Insur rection, any honorably discharged officer or enlisted man employed in the active military or naval service of the United States including those women who served as army nurses under contracts, who actually participated in the Philip pine Insurrection on or after August 13, 1898 and before July 5, 1902, provided, however, if the person was serving in the United States military forces engaged in the hostilities in the Moro Province the ending date shall be July 15, 1903;
where death occurred on or after May 3, 1939, any honorably discharged officer or enlisted man who was employed in the active military or naval service of the United States on or after April 12, 1899 and before July 5, 1902 or who served in the Moro Province, Philippine Islands, before July 16, 1903 including those women who served as army, nurses under contract or who served in the nurse corps female and persons who served overseas as contract surgeons of the army during this period; 5 Boxer Rebellion, any honorably discharged officer or enlisted man, including those women who served as army nurses under contracts, employed in actual participa tion in the Boxer Rebellion on or after June 20, 1900 and before May 13, 1901;
6 World War, any honorably dis charged officer, enlisted man, member of the Army Nurse Corps female, Navy Nurse Corps fem ale, who was employed in the active military or naval service of the United States on or after April 6, 1917 and before November 12, 1918, pro vided, however, that if the person was serving in the United States military forces in Russia the ending date will be extended to April 1, 1920 the provisions of Section 5, Public No. 304, 75th Con gress, are not applicable to burial claim s; 7 any enlisted man or officer of the Army, Navy, or Marine Corps in retirement status at the date of death if shown to have served honorably during the period of any war. Where death oc curs on or after March 28, 1934, except as provided in B , below, and the other requirements of this paragraph have been met, an honorable discharge will not be required if the veteran was
in receipt of pension, compensation, or emergency officers retirement pay at the time of his death.
B Persons not included. Except as provided in Sec. 2.2696 D a discharged or rejected draftee; a member of the national guard who reported to camp in answer to the Presidents call, for World W ar service, but who when medically ex amined was not finally accepted for ac tive military service; or an alien who does not come within the purview of Sec. 2.1001 J , is not a veteran of any war within the meaning of that term as defined in subparagraph A hereof, even though such person may have been in receipt of compensation or pension.
May 3, 1939.
Public No. 62, 76th Congress.
DEATH OCCURRING W H IL E TRAVELING UNDER
PRIOR AUTHORIZATION OR IN A VETERANS
ADMINISTRATION FA C ILITY

2.2696 d canceled May 3, 1939, and paragraphs e, f and g re-lettered respectively d e and f.
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P. R. Doc. 39-2821; Filed, July 31, 1939;
3:20 p. m.
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ALLOWABLE EXPEN SES OF BURIAL, FUNERAL
AND TRANSPORTATION

2.2702 A 1 For the purpose of regulations governing the payment of burial, funeral and transportation ex penses, the following items and articles will be considered as allowable: Embalm ing Taharah in Jewish burials, shaving, washing and dressing, casket or coffin, or in lieu thereof materials and labor used in the construction of casket or coffin;
steel or concrete vault if a vault is used as a shipping case and also for burial, an allowance not exceeding $25.00 may be applied thereon as part of transportation expenses in those cases where transpor tation charges are payable, exclusive of the $100 burial allowance as provided in Sec. 2.2696, and any balance on such vault may be included in the burial al lowance of $75.00 or $100 whichever ap plies , box not to exceed $25.00, removal of box to cemetery, undertakers fees for personal or professional services, chapel, hearse, limousines or other conveyances, rental vault, digging of grave including materials used in walling or lining grave, single grave space except where burial is in a plot owned by a member of the family of the deceased perpetual care if compulsory under deed to lot or site, grave marker or monument, lowering de vice, tent, grave equipment, blanket, slumber robe, veil, tahlith, burial clothing not to exceed $50.00, chairs, cremation, candles, candelabra, crucifix, crepe, door badge, necessary fee for minister, music, or other religious services not to exceed $15.00; necessary fees for watchers not to