of our Armed Forces. Therefore, members of recognized guerilla units called into service of the United States Armed Forces are entitled to veterans' benefits on the same basis as other World War II veterans. See Quiban v. Veterans Administration, 713 F. Supp. 436, slip op. at 31 (D.D.C. 1989).
Plaintiff's claims for Social Security benefits and life insurance benefits shall be dismissed for failure to exhaust administrative remedies; her claims for back-pay shall be dismissed as time-barred. Section 107(a) unconstitutionally deprives members of recognized guerilla units called into service pursuant to the President's Order of July 26, 1941 of full veterans' benefits.
An appropriate Order accompanies this Memorandum.
DATE: May 12, 1989
ADJUDICATION AND ORDER - May 12, 1989, Filed
In accordance with the Memorandum entered this date, it is by the Court this 12th day of May, 1989,
ADJUDGED and DECREED, that 38 U.S.C. § 107(a), insofar as it determined that service in recognized guerilla forces while such forces were in the service of the armed forces of the United States pursuant to the military order of the president dated June 26, 1941 shall be deemed not to have been service in the active military, naval or air service for the purpose of conferring veterans' benefits, except for the benefits specifically enumerated in § 107(a), and insofar as it determines that benefits payable to veterans of said guerilla forces who served pursuant to said military order of the President shall be paid at a reduced rate, is unconstitutional to the extent it deprives veterans of said guerilla forces and their dependents of benefits administered by the Veterans' Administration and requires that benefits that are available to said veterans and their dependents be paid at a reduced rate; therefore, it is by the Court,
ORDERED, that Defendants' Motion to Dismiss is GRANTED to the extent it seeks dismissal of claims seeking Social Security benefits, back-pay, and benefits under an USLGI or a NSLI contract; and it is
FURTHER ORDERED, that Plaintiff's claims for Social Security benefits and benefits under an USLGI or a NSLI contract are hereby dismissed for failure to exhaust administrative remedies; and it is
FURTHER ORDERED, that Plaintiff's claim for back-pay is dismissed as time-barred; and it is
FURTHER ORDERED, that in all other respects Defendants' Motion to Dismiss is DENIED; and it is
FURTHER ORDERED, that Plaintiff's complaint shall be treated as an administrative application for benefits and is hereby remanded to the Veterans' Administration for consideration in accordance with the Court's disposition in this matter, and therefore Defendant shall not deny or reduce benefits on the basis of 38 U.S.C. § 107 (a).