Page:United States Statutes at Large Volume 58 Part 1.djvu/306

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PUBLIC LAWS-CH. 268-JUNE 22, 1944 Measuresofmilitary security. Recognition of American Red Cross. Regulations. to subsection (b) of this section, of such accredited representatives in military or naval installations on shore from which persons are discharged or released from the active military or naval service: Provided, That nothing in this section shall operate to affect measures of military security now in effect or which may hereafter be placed in effect, nor to prejudice the right of the American Red Cross to recognition under existing statutes. (b) The necessary regulations shall be promulgated by the Secre- tary of War and the Secretary of the Navy jointly with the Admin- istrator of Veterans' Affairs to accomplish the purpose of this section, and in the preparation of such regulations the national officer of each of such veterans' organizations who is responsible for claims and rehabilitation activities shall be consulted. The commanding officer of each such military or naval installation shall cooperate fully with such authorized representatives in the providing of available space and equipment for such representatives. CHAPTER III-REVIEWING AuTHoITrr Sepalrtions forbet- SEC. 300. The discharge or dismissal by reason of the sentence of tain causes a bar to benefits. a general court martial of any person from the military or naval forces, or the discharge of any such person on the ground that he was a conscientious objector who refused to perform military duty or refused to wear the uniform or otherwise to comply with lawful orders of competent military authority, or as a deserter, or of an officer by the acceptance of his resignation for the good of the service, shall bar all rights of such person, based upon the period of service from which he is so discharged or dismissed, under any Insane persons. laws administered by the Veterans' Administration: Provided That in the case of any such person, if it be established to the satisfaction of the Administrator that at the time of the commission of the offense such person was insane, he shall not be precluded from benefits to which he is otherwise entitled under the laws administered by the Nonapplication to Veterans' Administration: And provided further, That this section ies. shall not apply to any war risk, Government (converted) or national service life-insurance policy. epartnenta SEc. 301. The Secretary of War and the Secretary of the Navy, after conference with the Administrator of Veterans' Affairs, are authorized and directed to establish in the War and Navy Depart- ments, respectively, boards of review composed of five members each, whose duties shall be to review, on their own motion or upon the request of a former officer or enlisted man or woman or, if deceased, nature of dLtcpgead by the surviving spouse, next of kin, or legal representative, the type and nature of his discharge or dismissal, except a discharge or dis- missal by reason of the sentence of a general court martial. Such review shall be based upon all available records of the service depart- ment relating to the person requesting such review, and such other Testimony. evidence as may be presented by such person. Witnesses shall be permitted to present testimony either in person or by affidavit and the person requesting review shall be allowed to appear before such " ounsel." board in person or by counsel: Provided, That the term "counsel" as used in this section shall be construed to include, among others, 49stat x31 2 accredited representatives of veterans' organizations recognized by 38 U. . s.. 10o. the Veterans' Administration under section 200 of the Act of June 29, 1936 (Public Law Numbered 844, Seventy-fourth Congress). uthoity of boar. Such board shall have authority, except in the case of a discharge or dismissal by reason of the sentence of a general court martial, to change, correct, or modify any discharge or dismissal, and to issue a new discharge in accord with the-facts presented to the board. The 286 [58 STAT.