Current through Register Vol. 54, No. 42, October 19, 2024
Section 5.44 - Criteria and procedure for determination of peacetime combat-related actions(a) The Department will determine whether a peacetime action of the United States military and naval forces or officially-connected women's organization qualifies as a combat-related action or situation as defined in § 5.41 (relating to definitions). In making the determination, the Department will consider the following criteria: (1) The nature, purpose and extent of the military action.(2) The duty status of the military personnel participating in the action.(3) The location where the action occurred.(4) Whether the United States government identified the action or situation as combat-related by the award of decorations, payment of combat or hostile fire pay or other recognition to members of the armed forces who were involved in the action.(5) The cause of casualties among members of the military or naval forces of the United States.(6) Whether the casualties were the result of an accident instead of hostile fire or terrorist attack, whether or not the accident is directly related to operational activities incident to an engagement with foreign armed forces or terrorists.(b) The Department will identify terrorist attacks against members of the United States military or naval forces or officially-connected women's organizations by considering the following criteria:(1) The nature and purpose of the attack.(2) The objective of the attack.(3) The identity of the attackers and the victims.(4) Whether or not the attack was self-identified as such by the perpetrators.(5) Whether or not the United States government has investigated the attack and identified it as a terrorist act.(c) The Department, through the Bureau, will maintain a log of verified peacetime combat-related actions or situations. If the information submitted by an applicant does not indicate participation in a verified peacetime combat-related action, the Department, through the Bureau, will make a determination of whether the action or situation needs the definition of a peacetime combat-related situation or action. The Bureau, through the Adjutant General, may seek the advice of the State Veterans' Commission in making the determination.