Page:United States Statutes at Large Volume 58 Part 1.djvu/307

 58 STAT.] 78TH CONG. , 2D SESS.-CH. 268-JUNE 22, 1944 Articles of War and the Articles for the Government of the Navy are hereby amended to authorize the Secretary of War and the Secre- tary of the Navy to establish such boards of review, the findings thereof to be final subject only to review by the Secretary of War or the Secretary of the Navy, respectively: Provided,That no request for review by such board of a discharge or dismissal under the pro- visions of this section shall be valid unless filed within fifteen years after such discharge or dismissal or within fifteen years after the effective date of this Act whichever be the later. SEC. 302. (a) The Secretary of War, the Secretary of the Navy, and the Secretary of the Treasury are authorized and directed to establish, from time to time, boards of review composed of five commissioned officers, two of whom shall be selected from the Medical Corps of the Army or Navy, or from the Public Health Service, as the case may be. It shall be the duty of any such board to review, at the request of any officer retired or released to inactive service, without pay, for physical disability pursuant to the decision of a retiring board, the findings and decision of such retiring board. Such review shall be based upon all available service records relating to the officer requesting such review, and such other evidence as may be presented by such officer. Witnesses shall be permitted to present testimony either in person or by affidavit and the officer requesting review shall be allowed to appear before such board of review in person or by counsel. In carrying out its duties under this section such board of review shall have the same powers as exercised by, or vested in, the retiring board whose findings and decision are being reviewed. The proceedings and decision of each such board of review affirming or reversing the decision of the retiring board shall be transmitted to the Secretary of War, the Secretary of the Navy, or the Secretary of the Treasury, as the case may be, and shall be laid by him before the President for his approval or disapproval and orders in the case. (b) No request for review under this section shall be valid unless filed within fifteen years after the date of retirement for disability or after the effective date of this Act, whichever is the later. (c) As used in this section- (1) the term "officer" means any officer subject to the laws granting retirement for active service in the Army, Navy, Marine Corps, or Coast Guard, or any of their respective com- ponents; (2) the term "counsel" shall have the same meaning as when used in section 301 of this Act. TITLE II CHAPTER IV--EDUCATION OF VETERANS SEC. 400. (a) Subsection (f) of section 1, title I, Public Law Numbered 2, Seventy-third Congress, added by the Act of March 24, 1943 (Public Law Numbered 16, Seventy-eighth Congress), is hereby amended to read as follows: "(f) Any person who served in the active military or naval forces on or after September 16, 1940, and prior to the termination of hostilities in the present war, shall be entitled to vocational reha- bilitation subject to the provisions and limitations of Veterans Regu- lation Numbered 1 (a), as amended, part VII, or to education or training subject to the provisions and limitations of part VIII." (b) Veterans Regulation Numbered 1 (a), is hereby amended by adding a new part VIII as follows: 287 41 Stat. 787. 10U. . c. §§1471- 1593; Supp. III, § 1473 et seq. RS.S. 1624. 34U. C.. 1200. Time limitation. Review of decisions of retiring boards. Testimony Executive review. Time limitation. "O fficer. " " Counsel." 57 Stat. 43 . 38 U. S. C., Supp. III, § 701. Vocational rehabili- tation. Eligibility 57 Stat. 43 . 38 U. S. C., Supp. II, note toll. 6 732. Post, p. 291; infra. 38U. S.C. note foll. i 724; Supp. II, note foll. 732. Ante. pp. 219, 230; pt, pp. 291, 793.

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