§ 27-103 — Definitions. Qualifying Review Board. Discharge based on veteran's sexual orientation, gender identity or gender expression. Application, review, recommendation, reconsideration and appeal.

Connecticut § 27-103

• Jurisdiction: Connecticut
• Title 27: Armed Forces and Veterans
• Ch. 506: Veterans

Text

(a) As used in the general statutes, except chapter 504, and except as otherwise provided: (1) “Armed forces” means the United States Army, Navy, Marine Corps, Coast Guard, Air Force and Space Force and any reserve component thereof, including the Connecticut National Guard performing duty as provided in Title 32 of the United States Code, as amended from time to time; (2) “veteran” means any person honorably discharged from, released under honorable conditions from or released with an other than honorable discharge based on a qualifying condition from, active service in, the armed forces; (3) “service in time of war” means service of ninety or more cumulative days during a period of war unless separated from service earlier because of an injury incurred or aggravated in the line of duty or a service-connected disability rated by the United States Department of Veterans Affairs, except that if the period of war lasted less than ninety days, “service in time of war” means service for the entire period of war unless separated because of any such injury or disability; (4) “period of war” has the same meaning as provided in 38 USC 101, as amended from time to time, except that the “Vietnam Era” means the period beginning on February 28, 1961, and ending on July 1, 1975, in all cases; and “period of war” shall include service while engaged in combat or a combat support role in Lebanon, July 1, 1958, to November 1, 1958, or September 29, 1982, to March 30, 1984; Grenada, October 25, 1983, to December 15, 1983; Operation Earnest Will, involving the escort of Kuwaiti oil tankers flying the United States flag in the Persian Gulf, July 24, 1987, to August 1, 1990; Panama, December 20, 1989, to January 31, 1990; Afghanistan, October 24, 2001, to August 30, 2021; and Iraq, March 19, 2003, to December 31, 2011, or June 1, 2014, to December 9, 2021, and shall include service during such periods with the armed forces of any government associated with the United States; and (5) “qualifying condition” means (A) a diagnosis of post-traumatic stress disorder or traumatic brain injury made by an individual licensed to provide health care services at a United States Department of Veterans Affairs facility, (B) an experience of military sexual trauma, as described in 38 USC 1720D, as amended from time to time, disclosed to an individual licensed to provide health care services at a United States Department of Veterans Affairs facility, or (C) a determination that sexual orientation, gender identity or gender expression was more likely than not the primary reason for an other than honorable discharge, as determined in accordance with subsections (c) and (d) of this section. (b) As used in this part, “Veterans Residential Services facility” means the Veterans Residential Services facility in Rocky Hill maintained by the Department of Veterans Affairs that provides temporary and other supported residential services for qualifying veterans; “long-term care facility” means a facility that has been federally certified as a skilled nursing facility or intermediate care facility; “Healthcare Center” means the long-term care facility in Rocky Hill maintained by the Department of Veterans Affairs; “veteran” means any veteran, as defined in subsection (a) of this section, who is a resident of this state; “eligible dependent” means any parent, wife or husband, or child of a veteran who has no adequate means of support; and “eligible family member” means any parent, brother or sister, wife or husband, or child or children under eighteen years of age, of any veteran whose cooperation in the program is integral to the treatment of the veteran. (c) Not later than October 1, 2021, the Commissioner of Veterans Affairs shall establish a Qualifying Review Board, which shall review applications of veterans submitted under subsection (d) of this section. Said board shall be part of the Executive Department and shall consist of five voting members who, by education or experience, shall be knowledgeable of veterans benefits and programs and who shall have a demonstrated interest in the concerns of veterans. A majority of the members of the board shall be veterans. (1) The membership of the board shall consist of the following members: (A) One member appointed by the Commissioner of Veterans Affairs in consultation with the chairperson of the Board of Trustees for the Department of Veterans Affairs, who shall be a member of said board; (B) The manager of the Office of Advocacy and Assistance within the Department of Veterans Affairs, or the manager's designee; and (C) Three members appointed by the Commissioner of Veterans Affairs. (2) All initial appointments to the board shall be made not later than December 1, 2021, and shall terminate on November 30, 2023, or November 30, 2024, as applicable, regardless of when the initial appointment was made. Any member of the board may serve more than one term. (3) Members first appointed shall have the following terms: (A) The member of the Board of Trustees for the Department of Veterans Affairs and the manager of the Office of Advocacy and Assistance within the Department of Veterans Affairs, or the manager's designee, shall initially serve a term of three years, and (B) the three members appointed by the Commissioner of Veterans Affairs shall initially serve a term of two years. Members shall serve a term of four years thereafter. Members shall continue to serve until their successors are appointed. (4) Any vacancy shall be filled by the Commissioner of Veterans Affairs. Any vacancy occurring other than by expiration of term shall be filled for the balance of the unexpired term. (5) Notwithstanding the provisions of subsection (a) of section 4-9a , the Commissioner of Veterans Affairs shall select the chairperson of the board from among the members of the board. Such chairperson shall schedule the first meeting of the board, which shall be held not later than January 1, 2022. (6) A majority of the board shall constitute a quorum for the transaction of any business. (7) The members of the board shall serve without compensation. (8) The board shall meet at least monthly or as often as deemed necessary by the chairperson based on the number of applications pending before the board. (d) (1) Any veteran who receives an other than honorable discharge and who believes such discharge characterization was based on such veteran's sexual orientation, gender identity or gender expression, may file an application for state-based veterans benefits. Such veteran may include evidence supporting his or her claim that such discharge characterization was based on such veteran's sexual orientation, gender identity or gender expression. (2) The commissioner shall promulgate a standardized application form enumerating the required documentation necessary for filing an application under this subsection and shall make such form available on the Department of Veterans Affairs' Internet web site along with instructions for filing the application. (3) The commissioner shall promulgate a standardized request for reconsideration form enumerating the required documentation necessary for filing a request for reconsideration pursuant to subdivision (5) of this subsection and shall make such form available on the Department of Veterans Affairs' Internet web site along with instructions for filing the request for reconsideration. (4) The board shall review each application submitted and render a recommendation to the commissioner as to whether the veteran's sexual orientation, gender identity or gender expression was more likely than not the primary reason for an other than honorable discharge. The board shall review each application not later than thirty days after receipt and render a written recommendation to the commissioner not later than thirty days after such review. The commissioner shall issue a written decision not later than ten days after receipt of the board's recommendation, approving or denying the application. If the commissioner approves the application, such veteran shall be eligible for state-based veterans benefits. (5) A veteran aggrieved by the commissioner's decision may file a request for reconsideration with the commissioner not later than fifteen days after receipt of the commissioner's decision. Such veteran may include supplemental documentation in support of the request for reconsideration. The commissioner shall provide due consideration to the request for reconsideration and render a decision not later than ten days after receipt of such request for reconsideration. The commissioner's decision shall be a final decision by the Department of Veterans Affairs and may be appealed to the Superior Court in accordance with the provisions of section 4-183 . See Secs. 5-180 and 5-196(28) re definition of war service during World War II for purposes of the State Employees Retirement Act and the State Personnel Act.

Legislative History

(1949 Rev., S. 2925; September, 1950, 1953, S. 1635d; 1957, P.A. 163, S. 29; February, 1965, P.A. 157, S. 2; 1969, P.A. 163, S. 1; P.A. 75-483, S. 2, 10; P.A. 77-424, S. 2; P.A. 88-285, S. 2, 35; P.A. 91-2, S. 6, 8; 91-213, S. 6, 8; 91-407, S. 19, 42; P.A. 94-245, S. 13, 46; P.A. 95-300; P.A. 99-272, S. 2; P.A. 00-131, S. 2; P.A. 03-85, S. 1; P.A. 04-169, S. 5; P.A. 06-153, S. 2; P.A. 09-117, S. 1; P.A. 13-139, S. 30; P.A. 16-167, S. 3; P.A. 18-47, S. 1; 18-72, S. 31; P.A. 19-33, S. 1; P.A. 21-40, S. 23; 21-79, S. 1; P.A. 22-34, S. 2; 22-37, S. 9; P.A. 23-71, S. 1.) History: 1965 act provided for service in defined Vietnam territory and actions and the Dominican Republic after April 27, 1965; 1969 act deleted foregoing amendment and substituted in essence during the period between January 1, 1964, and such date to be determined as date of termination of Vietnam era; P.A. 75-483 deleted foregoing amendment and substituted “the Vietnam era, January 1, 1964 to July 1, 1975”; P.A. 77-424 added qualification to service in Subdiv. (3) “of ninety or more days unless separated from service earlier because of a service connected disability-rated by the veterans administration”; P.A. 88-285 amended Subsec. (a) to change the date of termination of Korean hostilities from October 27, 1953, to January 31, 1955, and Subsec. (b) to add definitions of “eligible dependent” and “eligible family member”; P.A. 91-2 amended Subsec. (a) by adding service during Operation Desert Shield and Operation Desert Storm to Subdiv. (3); P.A. 91-213 amended Subsec. (a) by changing the beginning of the period of service during Operation Desert Shield and Operation Desert Storm from August 7, 1990, to August 2, 1990; P.A. 91-407 amended Subsec. (a)(3) by adding exception re war or campaign lasting for less than 90 days and added service during peace-keeping mission in Lebanon, invasion of Grenada, Operation Earnest Will and invasion of Panama; P.A. 94-245 amended Subsec. (a) to add a specific termination date for Operation Desert Shield and Operation Desert Storm, effective June 2, 1994; P.A. 95-300 amended Subsec. (a) to change the beginning of the Vietnam era to December 22, 1961, from January 1, 1964; P.A. 99-272 amended Subsec. (a)(3) to add the Lebanon conflict, July 1, 1958, to November 1, 1958; the Berlin Airlift, August 14, 1961, to June 1, 1962; and to change the Vietnam era commencement date from December 22, 1961, to February 28, 1961; P.A. 00-131 amended Subsec. (a) to redefine “service in time of war” by adding dates of active duty service in South Korea demilitarized zone, Somalia and Bosnia; P.A. 03-85 amended Subsec. (a)(3) by redefining “service in time of war” to replace references to specific wars, campaigns or other military operations commencing with the Spanish-American War and ending with Bosnia with reference to a “period of war”, as defined in 38 USC 101, as amended, with exception for the “Vietnam Era” and including service while engaged in combat or a combat support role in Lebanon, Grenada, Operation Earnest Will and Panama, effective June 3, 2003; P.A. 04-169 amended Subsec. (b) to change the name of the Veterans' Home and Hospital to the Veterans' Home, effective June 1, 2004; P.A. 06-153 amended Subsec. (a) to redefine “armed forces” to include reserves, including the Connecticut National Guard, redefine “service in time of war” by deleting references to “campaign or other operation” and replacing “war” with “period of war” and make technical changes, and made a technical change in Subsec. (b); P.A. 09-117 amended Subsec. (a) to redefine “service in time of war” in Subdiv. (3) and “period of war” in Subdiv. (4), effective June 8, 2009; P.A. 13-139 amended Subsec. (b) by substituting “or hospital for persons with mental illness” for “mental hospital or training school for the mentally retarded” and making technical changes; P.A. 16-167 amended Subsec. (b) to replace definition of “home” with definition of “Veterans Residential Services facility”, define “Healthcare Center”, delete reference to service in time of war in definition of “veteran” and make technical changes, effective July 1, 2016; P.A. 18-47 amended Subsec. (a) to replace “Veterans' Administration” with “United States Department of Veterans Affairs” in Subdiv. (3), add “from time to time” in Subdiv. (4), and add Subdiv. (5) re definition of “qualifying condition”; P.A. 18-72 amended Subsec. (a) to add “as amended from time to time” in Subdiv. (1), to replace “Veterans' Administration” with “United States Department of Veterans Affairs” in Subdiv. (3) and add “from time to time” in Subdiv. (4); P.A. 19-33 amended Subsec. (a)(3) to redefine “service in time of war” and amended Subsec. (b) to redefine “veteran”; P.A. 21-40 made a technical change in Subsec. (a)(3); P.A. 21-79 amended Subsec. (a) to redefine “veteran” and “qualifying condition” and make a technical change, amended Subsec. (b) to replace definition of “hospital” with definition of “long-term care facility” and make a conforming change, added Subsec. (c) re Qualifying Review Board and added Subsec. (d) re application for benefits when discharge based on veteran's sexual orientation, gender identity or gender expression; P.A. 22-34 amended Subsec. (a)(4) to add provisions re Afghanistan and Iraq and made technical changes in Subsec. (c); P.A. 22-37 made technical changes in Subsec. (c)(2); P.A. 23-71 redefined “armed forces” by adding reference to United States Space Force in Subsec. (a)(1).