(Added Pub. L. 86-160, § 1(1), Aug. 14, 1959, 73 Stat. 358, and amended Pub. L. 98-94, title IX, § 913, Sept. 24, 1983, 97 Stat. 640.) § 1037. Counsel before foreign judicial tribunals and administra tive agencies; court costs and bail (a) Under regulations to be prescribed by him, the Secretary concerned may employ counsel, and pay counsel fees, court costs, bail, and other expenses incident to the representation, before the judicial tribunals and administrative agencies of any foreign nation, of persons subject to the Uniform Code of Military Justice. So far as practicable, these regulations shall be uniform for all armed forces. (b) The person on whose behalf a payment is made under this section is not liable to reimburse the United States for that payment, unless he is responsible for forfeiture of bail provided under subsection (a). (c) Appropriations available to the military department concerned or the Department of Transportation, as the case may be, for the pay of persons under its jurisdiction may be used to carry out this section. (Added Pub. L. 85-861, § 1(24)(A), Sept. 2, 1958, 72 Stat. 1445, and amended Pub. L. 96-513, title I, § 511(31), Dec. 12, 1980, 94 Stat. 2922.) § 1038. Service credit: certain service in Women's Army Auxiliary Corps In computing years of active service of any female member of the armed forces, there shall be credited for all purposes, except the right to promotion, in addition to any other service that may be credited, all active service performed in the Women's Army Auxiliary Corps after May 13, 1942, and before September 30, 1943, if that member performed active service in the armed forces after September 29, 1943. Service as an officer in the Women's Army Auxiliary Corps shall be credited as active service in the status of a commissioned officer, and service as an enrolled member of the Corps shall be credited as active service in the status of an enlisted member. (Added Pub. L. 86-142, § 1(1), Aug. 7, 1959, 73 Stat. 289.) § 1039. Crediting of minority service For the purpose of determining eligibility for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, entitlement to retired or retainer pay, and years of service in computing retired or retainer pay of a member of the armed forces, any service which would be creditable but for the fact that it was performed by him under an enlistment or induction entered into before he attained the age prescribed by law for that enlistment or induction, shall be credited. Added Pub. L. 87-165, § 1(1), Aug. 25, 1961, 75 Stat. 401.) in s prov on (o), in a dependent accomраer of the uniformed services who is stationed outside tes and who is on active duty for a period of more ys requires medical attention which is not available transportation of the dependents at the expense of tes is authorized to the nearest appropriate medical ch adequate medical care is available. On his recovt is administratively determined that the patient oved from the medical facility involved, the dependansported at the expense of the United States to the the member or to such other place determined to be der the circumstances. If a dependent is unable to ded, round-trip transportation and travel expenses ned necessary attendants, and such expenses may be e. ion does not authorize transportation and travel exependent for elective surgery which is determined to ly indicated by a medical authority designated under as to be prescribed under this section. ent" and "uniformed services" in this section have of those terms as defined in section 1072 of this title. tation and travel expenses authorized by this section shed in accordance with joint regulations to be preSecretary of Transportation, the Secretary of Deetary of Commerce, and the Secretary of Health and es, which shall require the use of transportation : United States insofar as practicable. L. 89-140, § 1(1), Aug. 28, 1965, 79 Stat. 579, and L. 96-513, title V, § 511(32), Dec. 12, 1980, 94 Stat. 8-94, title IX, § 913, Sept. 24, 1983, 97 Stat. 640.) ement of certificate of discharge ry proof is presented that a person who has disably or under honorable conditions has lost his cerharge from an armed force or that it was destroyed rocurement or connivance, the Secretary concerned person, or his surviving spouse, a certificate of that elibly marked to show that it is a certificate in place destroyed certificate. A certificate given under this ot be accepted as a voucher for the payment of a the United States for pay, bounty, or other allowdence in any other case. - 90-235, § 7(a)(2)(A), Jan. 2, 1968, 81 Stat. 762, § 1040, 1041, Pub. L. 96-513, title V, § 511(33)(A), Dec. 12, 2922.) of certificate of service copy of a certificate showing service in the armed be charged to rson discharged or released from the armed forces or under honorable conditions; Added Pub. L. 97-258, § $1043. Service credit: se pheric Adminis Active commissioned se pheric Administration on ited as active commissio poses of determining the retired pay of a member Added Pub. L. 98-94, ti 662.) (Added Pub. L. 97-258, § 2(b)(2)(B), Sept. 13, 1982, 96 Stat. 1052.) § 1043. Service credit: service in the National Oceanic and Atmospheric Administration or the Public Health Service Active commissioned service in the National Oceanic and Atmospheric Administration or the Public Health Service shall be credited as active commissioned service in the armed forces for purposes of determining the retirement eligibility and computing the retired pay of a member of the armed forces. (Added Pub. L. 98-94, title X, § 1007(b)(1), Sept. 24, 1983, 97 Stat. 662.) FER 55-MEDICAL AND DENTAL CARE this chapter. ation of this chapter. d dental care for members and certain former members. and dental care for members of the uniformed services for injuBurred or aggravated while traveling to and from inactive duty g. d certain enlisted members: subsistence charges. d dental care for dependents: general rule. are for dependents: authorized care in facilities of uniformed 3. ad dental care for dependents: charges. for medical care for spouses and children: plans. for medical care for spouses and children: election of facilities. for medical care for spouses and children: review and adjustf payments. for health care: advisory committees. for medical care for spouses and children: additional hospitaliza tions of dependency. nd dental care from another executive department: reimburse for health benefits for certain members, former members, and ependents. g facilities for certain members, former members, and their deits in construction projects of the uniformed services. ation patients: furnished subsistence. certain suits arising out of medical malpractice. g and treating drug and alcohol dependence. for direct health care providers. d demonstration projects relating to delivery of health and medi e. e of this chapter of this chapter is to create and maintain high uniformed services by providing an improved and m of medical and dental care for members and cerembers of those services, and for their dependents. 85-861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1445, and L. 89-614, § 2(1), Sept. 30, 1966, 80 Stat. 862; Pub. L. § 511(34)(A), (B), Dec. 12, 1980, 94 Stat. 2922.) ons er: Formed services" means the armed forces and the ned Corps of the National Oceanic and Atmospheric tion and of the Public Health Service. endent", with respect to a member or former a uniformed service, means ne spouse; ne unremarried widow; (234) an unmarrie child or a stepchil (E) a parent or of the member's o Added Pub. L. 85-861, § $1073. Administration of Added Pub. L. 85–861, § child or a stepchild, who either (i) has not passed his twenty-first birthday; (ii) is incapable of self-support because of a mental or physical incapacity that existed before that birthday and is, or was at the time of the member's or former member's death, in fact dependent on him for over one-half of his support; or (iii) has not passed his twenty-third birthday, is enrolled in a full-time course of study in an institution of higher learning approved by the Secretary of Defense or the Secretary of Health and Human Services, as the case may be, and is, or was at the time of the member's or former member's death, in fact dependent on him for over one-half of his support; (E) a parent or parent-in-law who is, or was at the time of the member's or former member's death, in fact dependent on him for over one-half of his support and residing in his household; and (F) the unremarried former spouse of a member or former member who (i) on the date of the final decree of divorce, dissolution, or annulment, had been married to the member or former member for a period of at least 20 years during which period the member or former member performed at least 20 years of service which is creditable in determining that member's or former member's eligibility for retired or retainer pay, or equivalent pay, and (ii) does not have medical coverage under an employer-sponsored health plan. (Added Pub. L. 85-861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1446, and amended Pub. L. 89-614, § 2(1), Sept. 30, 1966, 80 Stat. 862; Pub. L. 89-718, § 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96-513, title I, § 115(b), title V, § 511(34)(A), (35), (36), Dec. 12, 1980, 94 Stat. 2877, 2922, 2923; Pub. L. 97-252, title X, § 1004(a), Sept. 8, 1982, 96 Stat. 737.) 1073. Administration of this chapter Except as otherwise provided in this chapter, the Secretary of Defense shall administer this chapter, for the armed forces under nis jurisdiction, and the Secretary of Health and Human Services, shall administer this chapter for the Coast Guard when the Coast Guard is not operating as a service in the Navy, and for the Nacional Oceanic and Atmospheric Administration and the Public Health Service. Added Pub. L. 85-861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1446, and mended Pub. L. 89-614, § 2(1), Sept. 30, 1966, 80 Stat. 862; Pub. L. 9-718, § 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96-513, title V, - 511(34)(A), (C), (35), (36), Dec. 12, 1980, 94 Stat. 2922, 2923.) |