About Public Law 95-202

During World War II President Franklin D. Roosevelt promised mariners of the U.S. Merchant Marine, and Army Transport Service veteran status and a Seaman's Bill of Rights. His promises died with him. 

In 1945 a grateful country heaped praise on the U.S. Merchant Marine for their critical role during World War II. On Maritime Day in May 1945 political and military leaders spoke out about their heroic contributions.  

Veteran status for the Merchant Marine came about because in 1977 Senator Barry Goldwater, an Air Force Reserve General who was in charge of ferry pilots in WWII. Senator Goldwater wanted veteran status for the Women Air Service Pilots (WASPs) who ferried military aircraft in the United States and Canada. In May 1944, Congress called an attempt to militarize the WASPs as "unnecessary and undesirable" and they were deactivated in December 1944.  

Congress demanded a procedure for any group to apply for veteran status, resulting in Public Law 95-202. Jurisdiction was given to the Secretary of Defense, who in turn, appointed the Secretary of the Air Force as the administrator. As its first action the so-called Civilian Military Service Review Board (DOD C/MSRB) granted the WASPs veteran status. WASPs who failed training were granted veteran status.  

The Air Force set the WASPs as the criteria for veteran status. They were followed by 12 other groups which included telephone operators, field clerks, and dietitians. The question asked by thoughtful observers is how can a group that served only a brief period, suffered 38 casualties mostly in training, was called "unnecessary and undesirable," and disbanded before war's end be set into U.S. law as the criteria for veteran status. 

Mariners who suffered the greatest casualty rate of any service, with some 7,000 dead, were denied recognition.  

Mariners were consistently turned down until those who served in the Normandy invasion were the 14th group granted status. In 1988, under orders from a Federal Court, Merchant Mariners of WWII were the 15th group. Stanley Willner, a POW at River Kwai, was one of the plaintiffs in the action.  

On January 19, 1988, the Secretary of the Air Force, Edward C. Aldridge, Jr., determined that the service of the "American Merchant Marine in Oceangoing Service during the Period of Armed Conflict, December 7, 1941, to August 15, 1945," shall be considered "active duty" under the provisions of Public Law 95-202 for the purposes of laws administered by the Veterans Administration. Although technically not part of the United States Merchant Marine, Civil Service vessels in ocean going service or foreign waters are also included as part of this approved group.  

On Veterans Day, 1998, President Clinton signed Public Law 105-368. A provision of this law states that service during the period, August 16, 1945, to December 31, 1946, shall be considered active duty for the purpose of eligibility for certain limited veterans benefits.

For more information on this subject go to http://www.usmm.org/

Source: www.USMM.org ©1998 - 2002 U.S. Maritime Service Veterans.