[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR3.40]

[Page 173-174]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 3_ADJUDICATION--Table of Contents
 
     Subpart A_Pension, Compensation, and Dependency and Indemnity 
                              Compensation
 
Sec. 3.40  Philippine and Insular Forces.

    (a) Regular Philippine Scouts. Service in the Philippine Scouts 
(except that described in paragraph (b) of this section), the Insular 
Force of the Navy, Samoan Native Guard, and Samoan Native Band of the 
Navy is included for pension, compensation, dependency and indemnity 
compensation, and burial allowance. Benefits are payable in dollars at 
the full-dollar rate.
    (b) Other Philippine Scouts. Service of persons enlisted under 
section 14, Pub. L. 190, 79th Congress (Act of October 6, 1945), is 
included for compensation and dependency and indemnity compensation. 
Except as provided in Sec. Sec. 3.42 and 3.43, benefits based on 
service described in this paragraph are payable at a rate of $0.50 for 
each dollar authorized under the law. All enlistments and reenlistments 
of Philippine Scouts in the Regular Army between October 6, 1945, and 
June 30, 1947, inclusive, were made under the provisions of Pub. L. 190 
as it constituted the sole authority for such enlistments during that 
period. This paragraph does not apply to officers who were commissioned 
in connection with the administration of Pub. L. 190.


(Authority: 38 U.S.C. 107)

    (c) Commonwealth Army of the Philippines. (1) Service is included, 
for compensation, dependency and indemnity compensation, and burial 
allowance, from and after the dates and hours, respectively, when they 
were called into service of the Armed Forces of the United States by 
orders issued from time to time by the General Officer, U.S. Army, 
pursuant to the Military Order of the President of the United States 
dated July 26, 1941. Service as a guerrilla under the circumstances 
outlined in paragraph (d) of this section is also included. Except as 
provided in Sec. Sec. 3.42 and 3.43, benefits based on service 
described in this paragraph are payable at a rate of $0.50 for each 
dollar authorized under the law.


(Authority: 38 U.S.C. 107)

    (2) Unless the record shows examination at time of entrance into the 
Armed Forces of the United States, such persons are not entitled to the 
presumption of soundness. This also applies upon reentering the Armed 
Forces after a period of inactive service.
    (d) Guerrilla service. (1) Persons who served as guerrillas under a 
commissioned officer of the United States Army, Navy or Marine Corps, or 
under a commissioned officer of the Commonwealth Army recognized by and 
cooperating with the United States Forces are included. (See paragraph 
(c) of this section.) Service as a guerrilla by a member of the 
Philippine Scouts or the Armed Forces of the United States is considered 
as service in his or her regular status. (See paragraph (a) of this 
section.)
    (2) The following certifications by the service departments will be 
accepted as establishing guerrilla service:
    (i) Recognized guerrilla service;
    (ii) Unrecognized guerrilla service under a recognized commissioned 
officer only if the person was a former member of the United States 
Armed Forces (including the Philippine Scouts), or the Commonwealth 
Army. This excludes civilians.


A certification of Anti-Japanese Activity will not be accepted as 
establishing guerrilla service.
    (e) Combined service. Where a veteran who had Commonwealth Army or 
guerrilla service and also had other service, wartime or peacetime, in 
the Armed Forces of the United States, has disabilities which are 
compensable separately on a dollar and a $0.50 for each

[[Page 174]]

dollar authorized basis, and the disabilities are combined under the 
authority contained in 38 U.S.C. 1157, the evaluation for which dollars 
are payable will be first considered and the difference between this 
evaluation and the combined evaluation will be the basis for computing 
the amount payable at the rate of $0.50 for each dollar authorized.

    Cross Reference: Computation of service. See Sec. 3.15.

[26 FR 1565, Feb. 24, 1961, as amended at 31 FR 14454, Nov. 10, 1966; 60 
FR 18355, Apr. 11, 1995. Redesignated and amended at 66 FR 66767, Dec. 
27, 2001; 71 FR 8220, Feb. 16, 2006]