You want a description of tuition waivers available to National Guard members and veterans under state law, especially in relation to Operation Noble Eagle and Operation Enduring Freedom. Your constituent asserts that some guard members activated three or four times for 30-day stints have been denied waivers.

SUMMARY

By law, guard members and veterans who meet certain criteria are eligible for tuition waivers at the state’s community-technical colleges, any school in the Connecticut State University system, and the University of Connecticut. The eligibility criteria include residency, which is one year under current practice, and enrollment or acceptance in a program eligible for tuition waivers. Veterans must also have at least 90 days of federal active-duty service during a time of war and be honorably discharged from service.

Guard members may contact their unit commander to help them resolve tuition waiver disputes, according to Captain Tim Tomcho, the Military Department’s legislative liaison.

NATIONAL GUARD TUITION WAIVER

To be eligible for the guard member tuition waiver, the applicant must be (1) an active guard member certified by the adjutant general as a member in good standing, (2) a Connecticut resident, and (3) enrolled or accepted for admission to the institution in a full-time or part-time undergraduate degree program (CGS §§ 10a-77(d), 10a-99(d), & 10a-105(e)).

VETERANS’ TUITION WAIVER

A veteran is eligible for tuition waivers if he (1) served on active duty in the U. S. Armed Forces for at least 90 days during a time of war, as defined in law, unless separated earlier because (a) of a Veterans’ Administration-rated service-connected disability or (b) the war lasted for a shorter period and he served for its duration (see Attachment 1); (2) was honorably discharged from active-duty service; and (3) is residing in Connecticut when he is accepted for admission to the institution. The “U. S. Armed Forces” comprises the U. S. Army, Navy, Marine Corps, Coast Guard, and Air Force (CGS §§ 27-103, 10a-77(d), 10a-99(d), & 10a-105(e)).

Residency and 90-Day Service Requirement

Under existing practice, applicants must live in the state for at least one year to meet the residency requirement. With regard to the minimum service requirement, the statutes do not specify whether the service must be 90 consecutive days or may be aggregated. But at least three of the institutions require consecutive days of service. These are Central Connecticut State University, Southern Connecticut State University, and Western Connecticut State University.

Active-Duty Service Requirement

To meet the active-duty service requirement under current practice, veterans must have served pursuant to a call under Title 10 of federal law and submit their DD 214 form to attest to such service. Under federal law, active-duty military personnel are called to federal service under Title 10 (armed forces); guard members may be called under Title 10 or Title 32 (National Guard). The Title 10 standard for tuition waiver is based apparently on the interpretation that guard members are part of the U. S. Armed Forces (and thus veterans) when called under Title 10, but not under Title 32 (see attorney general opinion below). Guard members called to active service in Operation Enduring Freedom (Afghanistan) are called under Title 10 and therefore qualify for tuition waivers. Guard members called to active service in Operation Noble Eagle (anti-terrorism activities in the United States) are called under Title 32 and are not eligible.

Title 10 calls include combat duty, overseas training, and most other federal duty. Title 32 calls are typically for service in the United States. They include inactive duty training (weekend drills), annual training, and operational missions. In response to the September 11, 2001 terrorist attacks, the President, pursuant to U. S. Code 32 § 502(f) authorized and asked governors to use guard members to provide security assistance at airports and nuclear facilities, among other places.

COURSES EXEMPT FROM TUITION WAIVERS

The law defines “tuition” as a “direct charge for institutional programs, which is clearly delineated from any other fees (CGS § 10a-26). The waiver applies only to courses paid for out of colleges’ tuition revenue and not to so-called “extension-fund” courses paid for from student fees, such as summer and evening classes and noncredit “enrichment courses” that are not part of degree programs. Typically, all students, including veterans who participate in these programs, are charged course fees, which are not tuition fees as defined in statutes.

PENDING LEGISLATION

sHB 5890 (File 136), which the Veterans’ Affairs Committee reported favorably, extends war service benefits, including tuition waivers, to guard members called to active duty under Title 32 since September 11, 2001 by specifically defining guard members called to active duty after September 11, 2001 as veterans.

HB 6566 (File 518) makes domicile, rather than residency, a qualifying criterion for tuition waivers for wartime veterans and active-duty guard members. The bill does not define domicile but specifies that it includes domicile for less than one year, notwithstanding the law that requires domicile for at least one year for in-state tuition purposes.

ATTORNEY GENERAL’S OPINION

The Connecticut attorney general has concluded that under existing law pertaining to state employee retirement, the National Guard is part of the U. S. Armed Forces whether called to active service under Title 10 or Title 32. According to the opinion, "periods spent as a full-time member of the National Guard, while in the armed forces of the United States under orders issued pursuant to either Title 10 or Title 32 of the United States Code, qualify as "vesting service" under Connecticut General Statutes § 5-192i(j) and as "credited service" under Connecticut General Statutes § 5-192j(d), entitling Connecticut state employees in Tier II to receive retirement credit for such service " (Attorney General Opinion 05-004).

VR/SD: ro