Public Law 75–468

That paragraphs VIII and IX of Executive Order Numbered 6098, dated March 31, 1933 (Veterans’ Regulation Numbered 10 (39 U. S. C., ch. 12, Appendix)) be amended to read as follows:

“Par. VIII.

An injury or disease will be deemed to have been incurred ‘in line of duty’ when the person on whose account benefits are claimed was, at the time the injury was suffered or disease contracted, in the active service in the military or naval forces, whether on active duty or on authorized leave, unless it appears that the injury or disease has been caused by misconduct on his part:

Proviso.

Requirement not considered met in specified cases.

Provided, however, That the requirement will not be met if it appears that at the time the injury was suffered or disease contracted, the person on whose account benefits are claimed (1) was avoiding duty by deserting the service or by absenting himself without leave; (2) was confined under sentence of court martial or civil court or was resisting lawful arrest; (S) was relieved from all active performance of duty by command of his superior officer as a result of the intemperate use of drugs or alcoholic liquor or because of injury or disease contracted or suffered as a result of his own misconduct; (4) was acting in disobedience of the lawful orders of his superior officer or in violation of the rules and regulations of his organization; or (5) whether at his post or lawfully absent, if the injury or disease was in fact, caused by something not involving misconduct but done in pursuing some private business or avocation.

“Where the injury or disease occurs while on leave, the burden of

Where injury or disease occurs while on leave.

proof shall be on the claimant to show that it was incurred in the line of duty, but where the injury or disease occurs while at camp or post of duty, the burden shall be upon the Government to show that the disability was not in line of duty.

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“Par. IX.

A disability will be held to have resulted from misconduct

Disability due to venereal disease.

when it is due to venereal disease, unless it is affirmatively shown that the disease was, in fact, innocently acquired, or when caused by an act of commission or omission, wrong in itself; or by an act contrary to the principles of good morals; or as a result of gross negligence, gross carelessness, alcoholism, drug addiction, or self-infliction of wounds.”

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