You want to know if a person who did not graduate high school because of service in the Merchant Marine is eligible for the honorary high school diploma available to certain World War II veterans. You also want to know if federal laws that grant veterans' benefits based on certain merchant marine service affect the state law that authorizes the award of the diplomas.

The Office of Legislative Research is not authorized to give legal opinions and this report should not be construed as such.

SUMMARY

People who served in the Merchant Marine during World War II do not appear eligible for an honorary high school diploma under CGS § 10-221a. This is because under applicable state law, merchant mariners are not members of the armed forces. And service in the armed forces is a condition of the award.

State law allows local or regional school boards to award high school diplomas to honorably discharged World War II veterans who did not receive them because they left high school to serve in the armed forces (CGS § 10-221a (g)). The law does not define armed forces for the purpose of the awards. But CGS § 27-103 provides a definition that applies in cases where there is no definition. It defines “armed forces” as the U. S. Army, Navy, Marine Corps, Coast Guard, or Air Force. It does not include the Merchant Marine.

State law defines members of the Merchant Marine as members of the armed forces only with regard to its members being admitted as electors in a town (CGS § 9-24 et seq. ) and for absentee voting purposes (CGS § 9-134). And the only veterans' benefit the law provides to merchant mariners is property tax exemption. The law provides property tax exemptions to veterans of the armed forces who served during wartime and. . .

any resident of this state who served as a member of the crew of a merchant vessel during the Second World War and is qualified with respect to such service as a member of the group known as the "American Merchant Marine in ocean-going service during the period of armed conflict, December 7, 1941, to August 15, 1945", members of which are deemed to be eligible for certain veterans benefits under a determination in the United States Department of Defense, as recorded in the Federal Register of February 1, 1988, provided such resident has received an armed forces discharge certificate from the Department of Defense on the basis of such service (CGS § 12-81(19)).

Eligibility for most federal benefits is based on discharge from active military service under other than dishonorable conditions. Pursuant to PL 95-202 § 401, the defense secretary has certified Merchant Marine service during World War II between December 7, 1941 and August 15, 1945 as active military service for purpose of eligibility for federal Veterans' Affairs benefits (38 USC 106, Note). Another federal law defines service between August 16, 1945 and December 31, 1946 as active duty service for purpose of eligibility for federal veterans' burial and cemetery benefits (PL 105-368, 46 § 11201 et seq. ). To qualify and become eligible for the benefits, the member must not only have served during one of the two qualifying periods but must meet other specified criteria as well.

These federal laws do not affect state laws that provide state benefits veterans.

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