Delaware General Assembly


CHAPTER 603

AN ACT PROVIDING FOR THE APPROPRIATION OF MONEY TO JAMES DAY WALLACE, A VETERAN ELIGIBLE FOR THE BONUS PAID BY THE STATE PURSUANT TO THE VETERAN'S MILITARY PAY ACT NO. II, WHO DID NOT RECEIVE HIS BONUS.

WHEREAS, James D. Wallace, now of 37 North Queen Street, Dover, Delaware, was born elsewhere but had resided within the State of Delaware for 36 months prior to his entry into the United States Air Force on October 19, 1951 and is a legal resident of Delaware now; and

WHEREAS, James D. Wallace served in the United States Air Force during the Korean conflict; and

WHEREAS, James D. Wallace served between June 25, 1950 and January 31, 1955, the time in which the Veteran's Military Pay Act No. II was effective; and

WHEREAS, he applied for the Pennsylvania Korean conflict veteran's benefits under the assumption he was entitled to such solely because his place of birth and place of induction was in Pennsylvania, and was subsequently denied such benefits on the grounds that he was not considered a resident of Pennsylvania at the time of entry into service; and

WHEREAS, he was not cognizant that Delaware granted Korean conflict benefits to veterans until June of 1962 at which time the Act had expired; and

WHEREAS, the added confusion and ambivalence over said applicant's residency added to the lapse of time; and

WHEREAS, it is felt that those who served their country and their state should not be deprived of their bonus payment solely because they did not file prior to the expiration of the Act; and

WHEREAS, James D. Wallace did serve four (4) years and four (4) months, and would therefor be entitled to $225 under provisions of Section 3 (a) at a rate of $15 for each month served not to exceed 15 months;

NOW, THEREFORE,

Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the members elected to each house thereof concurring therein):

Section 1. The sum of $225 is appropriated to James Day Wallace.

Section 2. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated.

Approved June 29, 1970.