42 U.S.C. § 213

Military benefits

“In the case of any individual—

(a) Rights, privileges, immunities, and benefits accorded to commissioned officers or their survivors

Except as provided in subsection (b), commissioned officers of the Service and their surviving beneficiaries shall, with respect to active service performed by such officers—

(1)

in time of war;

(2)

on detail for duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard; or

(3)

while the Service is part of the military forces of the United States pursuant to Executive order of the President;

be entitled to all rights, privileges, immunities, and benefits now or hereafter provided under any law of the United States in the case of commissioned officers of the Army or their surviving beneficiaries on account of active military service, except retired pay and uniform allowances.

(b) Award of decorations

The President may prescribe the conditions under which commissioned officers of the Service may be awarded military ribbons, medals, and decorations.

The authority vested by law in the Department of the Army, the Secretary of the Army, or other officers of the Department of the Army with respect to rights, privileges, immunities, and benefits referred to in subsection (a) shall be exercised, with respect to commissioned officers of the Service, by the Surgeon General.

(d) Active service deemed active military service with respect to laws administered by Secretary of Veterans Affairs

Active service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for the purposes of all laws administered by the Secretary of Veterans Affairs (except the Servicemen’s Indemnity Act of 1951) and section 417 of this title .

(e) Active service deemed active military service with respect to Servicemembers Civil Relief Act

Active service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for the purposes of all rights, privileges, immunities, and benefits now or hereafter provided under the Servicemembers Civil Relief Act (50 App. U.S.C. 501 et seq.) [now 50 U.S.C. 3901 et seq.].

(f) Active service deemed active military service with respect to anti-discrimination laws

Active service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for purposes of all laws related to discrimination on the basis of race, color, sex, ethnicity, age, religion, and disability.

the Secretary of Health, Education, and Welfare [now Health and Human Services] shall, notwithstanding the provisions of section 215(f)(1) of the Social Security Act [ 42 U.S.C. 415(f)(1) ], recompute the primary insurance amount of such individual upon the filing of an application, after December 1956, by him or (if he dies without filing such an application) by any person entitled to monthly survivor’s benefits under section 202 of such act [ 42 U.S.C. 402 ] on the basis of his wages and self-employment income. Such recomputation shall be made only in the manner, provided in title II of the Social Security Act [ 42 U.S.C. 401 et seq.] as in effect at the time of the last previous computation or recomputation of such individual’s primary insurance amount, and as though application therefor was filed in the month in which application for such last previous computation or recomputation was filed. No recomputation made under this paragraph shall be regarded as a recomputation under section 215(f) of the Social Security Act [ 42 U.S.C. 415(f) ]. Any such recomputation shall be effective for and after the twelfth month before the month in which the application was filed, but in no case for any month before January 1957.”

( July 1, 1944, ch. 373 , title II, § 212, 58 Stat. 689 ; July 15, 1954, ch. 507, § 14(a) , 68 Stat. 481 ; Aug. 1, 1956, ch. 837 , title V, § 501(b)(1), 70 Stat. 881 ; Pub. L. 94–278, title XI, § 1101 , Apr. 22, 1976 , 90 Stat. 415 ; Pub. L. 102–54, § 13(q)(1)(C) , June 13, 1991 , 105 Stat. 278 ; Pub. L. 105–392, title IV, § 402(a) , Nov. 13, 1998 , 112 Stat. 3587 ; Pub. L. 108–189, § 2(e) , Dec. 19, 2003 , 117 Stat. 2866 .)