Colorado § 28-5-103 Discharged LGBT veteran

Colorado Statutes

§ 28-5-103 — Discharged LGBT veteran

Colorado·Title 28 Military and·Art. Veterans

(1)(a) A person is a discharged LGBT veteran if the person, as determined by the board of veterans affairs, was discharged from the armed services due to the person's sexual orientation or gender identity or gender expression; or statements, consensual sexual conduct, or consensual acts relating to sexual orientation or gender identity or gender expression unless the statements, conduct, or acts are prohibited by the uniform code of military justice on grounds other than the person's sexual orientation, gender identity, or gender expression; or the disclosure of statements, conduct, or acts relating to sexual orientation or gender identity or gender expression that were prohibited by the armed services at the time of discharge.

(b)Notwithstanding subsection (1)(a) of this secti

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(1) (a) A person is a discharged LGBT
veteran if the person, as determined by the board of veterans affairs, was
discharged from the armed services due to the person's sexual orientation or
gender identity or gender expression; or statements, consensual sexual conduct, or
consensual acts relating to sexual orientation or gender identity or gender
expression unless the statements, conduct, or acts are prohibited by the uniform
code of military justice on grounds other than the person's sexual orientation,
gender identity, or gender expression; or the disclosure of statements, conduct, or
acts relating to sexual orientation or gender identity or gender expression that
were prohibited by the armed services at the time of discharge.

(b) Notwithstanding subsection (1)(a) of this section, a person who received a
dishonorable discharge, bad conduct discharge, or, if the person was an officer, a
dismissal from the armed services is not eligible to be a discharged LGBT veteran.

(2) Upon application, and in accordance with the process established by the
division of veterans affairs pursuant to this section, the board of veterans affairs
shall determine whether a person is a discharged LGBT veteran.

(3) (a) The division of veterans affairs shall establish a consistent and
uniform process to determine whether a person is a discharged LGBT veteran,
including, at a minimum, standards for verifying the person's status as a discharged
LGBT veteran.

(b) (I) The process must require a person applying for classification as a
discharged LGBT veteran to submit a copy of the person's DD214 form issued by
the United States government, a personal affidavit of the circumstances
surrounding the discharge, and any relevant records pertaining to the discharge.

(II) A person who does not have the documents described in subsection
(3)(b)(I) of this section is not automatically disqualified from being classified as a
discharged LGBT veteran. If the person does not have the documents, the person
must submit an affidavit certifying that the person does not have the documents.

(c) The division of veterans affairs shall establish a method for a person
determined by the board of veterans affairs to be a discharged LGBT veteran to
demonstrate status as a discharged LGBT veteran.

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