AN ACT CONCERNING RECOGNITION OF VETERANS.

This bill modifies the eligibility criteria for admission to the Veterans' Home. On the one hand, it appears to restrict veterans' admission by linking eligibility to federal criteria. But it also extends eligibility to resident armed forces members and former members entitled to retirement pay under a specified federal law. It also extends eligibility for burial in the state veterans' cemeteries to these members and former members.

The bill removes the ban on the Connecticut National Guard's adjutant general and veterans' affairs commissioner awarding ribbons and medals posthumously to resident wartime veterans, specifically allowing posthumous awards after June 30, 2005.

The bill also requires the adjutant general to issue an achievement ribbon to the soldier, airman, and noncommissioned officer of the year in the guard.

EFFECTIVE DATE: Upon passage for the posthumous awards; July 1, 2008 for the other provisions.

Under current law, any veteran honorably discharged or released from active service in the U. S. Armed Forces may apply for admission to the Veterans' Home (see BACKGROUND). The bill requires that veterans also meet “active military, naval or air service requirements” under federal law as well.

1. active duty (see BACKGROUND);

2. any period of active duty for training during which an individual was disabled or died from a disease or injury incurred or aggravated in line of duty;

3. and any period of inactive duty training during which the individual was disabled or died (a) from an injury incurred or aggravated in the line of duty or (b) from an acute myocardial infarction, a cardiac arrest, or a cerebrovascular accident occurring during such training.

The bill also extends eligibility for (1) admission to the home to any former or current armed forces member living in Connecticut who is entitled to retirement pay under a specified federal law and (2) burial in any of the state veterans' cemeteries to such members who are, or would have been, entitled to such pay. Under the referenced federal law, a person is entitled to retirement pay if he or she:

1. is at least age 60;

2. performed at least 20 years of qualifying uniformed service (creditable service);

3. in the case of anyone who completed the 20 years before April 25, 2005, performed the last six years of qualifying service (eight for people who completed their service before October 5, 1994) as a member of a reserve component, but not as a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve; and

4. is not entitled to retired pay under any other federal law.

Although the bill extends eligibility for admission to the Veterans' Home to former and current armed forces members, it does not amend related statutes that outline (1) application procedures, (2) payment for services, and (3) actions the commissioner takes when a resident cannot pay or dies owing money.

With regard to burial in a state veterans' cemetery, the bill allows the armed forces member or former member to make the burial request to the commissioner by will or other communication. Alternatively, the spouse or next of kin may make the request on the deceased's behalf. The commissioner must grant the request. It appears that the spouse of an armed force member or former member, unlike a veteran's spouse under existing law, does not qualify for such burial.

State law does not define active service. For purposes of the laws pertaining to the National Guard, federal law defines “active service” as service on active duty or full-time National Guard duty (10 USC § 101 (d)(3)).

State law does not define active duty. For purposes of the laws governing the armed forces, federal law defines “active duty” as:

1. full time duty in the armed forces (other than for active-duty training);

2. full-time duty (other than for training) as a commissioned officer of the Regular or Reserve Corps of the Public Health Service (a) on or after July 29, 1945, (b) before that date under circumstances affording entitlement to full military benefits, or (c) at any time, for the purposes of dependency and indemnity compensation for service-connected deaths;

3. full-time duty as a commissioned officer of the National Oceanic and Atmospheric administration or its predecessor organization (a) at any time, for purposes of dependency and indemnity compensation for service-connected deaths, (b) on or after July 29, 1945, or (c) before that date (i) while on transfer to one of the Armed Forces or (ii) while assigned to duty in a military hazard zone in time of war or national emergency or (iii) in the Philippines on December 7, 1941, and continuously in such islands;

4. service as a cadet at the U. S. Military, Air Force, or Coast Guard Academy or as a midshipman at the U. S. Naval Academy; and

5. authorized travel to or from such service (38 USC § 101(20)).

By law, the veterans' affairs commissioner, in conjunction with the adjutant general must award a ribbon and medal to wartime veterans who (1) lived in Connecticut or lived here when they were called to active duty and (2) live here at the time of the award. The cost of the medals and ribbons is paid from funds appropriated to the Military Department.

Yea

Nay

(03/04/2008)

Yea

Nay

(04/01/2008)