Holding Court is a series by retired Rye City Court Judge Joe Latwin. Latwin retired from the court in December 2022 after thirteen years of service to the City.
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Also see: Rye YMCA CEO Sabrina Murphy to Speak at Veterans Day Event
By Joe Latwin
As we approach Veterans’ Day, we ought to thank those who stepped up to defend our freedoms and way of life. On Veterans’ Day we celebrate those who served. On Memorial Day, we remember those who served but died. To render appropriate honors, we ought to know who is a Veteran. Under 38 U.S. Code (dealing with the Department of Veterans’ Affairs) a “veteran” is a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable. “Active duty” means (A) full-time duty in the Armed Forces, other than active duty for training; (B) full-time duty (other than for training purposes) as a commissioned officer of the Regular or Reserve Corps of the Public Health Service; (C) full-time duty as a commissioned officer in the commissioned officer corps of the National Oceanic and Atmospheric Administration or its predecessor organization the Coast and Geodetic Survey; (D) service as a cadet at the United States Military, Air Force, or Coast Guard Academy, or as a midshipman at the United States Naval Academy; and (E) authorized travel to or from such duty or service. Curiously, one federal service academy – the one nearest Rye – the Merchant Marine Academy in Kings Point, NY, and the only academy entitled to display a battle streamer from its flag, is not included.
You must not be dishonorably discharged from service. Discharge or release may be from A) retirement from the active military, naval, air, or space service, and (B) the satisfactory completion of the period of active military service for which a person was obligated at the time of entry into such service in the case of a person who, due to enlistment or reenlistment, and who, at such time, would otherwise have been eligible for the award of a discharge or release under conditions other than dishonorable.
If you meet those qualifications, you are not only a “veteran”, but you and your family may be entitled to benefits from the VA. These include: a certificate bearing the signature of the President and expressing the country’s grateful recognition of the deceased individual’s service in the Armed Forces; compensation for service-connected disability or death; a pension; hospital, nursing home care; life insurance; benefits for homeless veterans; and burial benefits including burial in a National Cemetery. There are also educational benefits for the veteran, his or her survivor and dependents, and rehabilitation, training and adaptive equipment for disabled veterans. There are also loan programs, most notably VA loans. While they are great programs, many Veterans would appreciate recognition of their service and a sincere “Thank you.”
