Location:
VETERANS;

OLR Research Report


February 9, 2010

 

2010-R-0040

DEFINITION OF VETERAN IN CONNECTICUT, MAINE,
AND OTHER STATES

By: Veronica Rose, Chief Analyst

You asked if Maine and other states, like Connecticut, require that a person be honorably discharged or released from service in the armed forces in order to meet the definition of veteran. You are particularly interested in knowing whether other states recognize as veterans service members who reenlisted rather than retired from the armed forces.

SUMMARY

Connecticut law requires that a service member be honorably discharged or released from active service in the armed forces in order to meet the definition of veteran. Maine has various definitions of veteran. Some of them require separation from service; others appear to afford veteran status to people still in active service. All of the other 19 states we surveyed require a service member to be retired, separated, or discharged to qualify as a veteran.

DEFINITIONS OF VETERAN

Connecticut

Connecticut General Statutes § 27-103 defines a “veteran” as someone honorably discharged or released under honorable conditions from active service in the armed forces. People who meet the definition are eligible for a range of state benefits, which they may claim by submitting official documentation of their service, separation, and type of separation. The most common type of separation document is a DD 214, issued by the branch of the service in which veteran served.

Maine

Maine law contains several different definitions of veteran. Some statutes require the service member to be discharged or otherwise separated from service under other than dishonorable conditions in order to meet the definition of veteran (Me. Rev. Stat. Ann. 30-A § 4743 and 10 § 963A). Other statutes appear to accord veteran status to those in active service. They define a veteran as someone “who served in active service and who if discharged, retired or separated . . .was discharged, retired or separated under other than dishonorable conditions” (Me. Rev. Stat. Ann. 36 § 653 and 37-B § 504).

Another Maine statute defines a “veteran” as someone who served on full-time active duty in the armed forces (Me. Rev. Stat. Ann. 5 § 7051). It is unclear if, under this statute, people in active service would be considered veterans if they would otherwise have been eligible for a DD 214 or other separation document based on prior service, but for the fact that they reenlisted and were thus not discharged from service. We found no court decision interpreting the provision.

A new Maine law authorizes the issuance of special motorcycle and motor vehicle registration plates to service members who served in the armed forces for at least three years and continue to serve, provided members who are still in the service verify their active-duty status. Under the prior law, only service members who had been discharged or otherwise separated qualified for their plates (Me. Rev. Stat. Ann. 29-A § 523).

Other States

Of the other 19 randomly selected states whose laws we researched, all have laws similar to Connecticut law, in that they define a veteran as someone who is no longer in service (i.e., someone retired, released, discharged, or separated from service).

Table 1 shows the definition used in states surveyed.

Table 1: Definition of Veteran in Select States

State

Service Member Must Be

Statutory Citation

Alabama

Discharged or released under other than dishonorable conditions

Ala. Code §§ 31-5-1 & 16-44B-1

California

Honorably discharged or released

Cal. Military & Veterans Code § 980; Government Code § 18540.4; & Education Code § 88113

Connecticut

Honorably discharged or released

CGS § 27-103

Delaware

Honorably discharged or relieved from active duty

Del. Code Ann. 29 § 8720(b) and 14 § 161A

Florida

Honorably discharged or released

Fla. Stat. Ann. §§ 1.01 & 1000.36

Iowa

Honorably discharged

Iowa Code § 35.1

Kentucky

Honorably released, separated, discharged, or retired

Ky. Rev. Stat. Ann. §§ 40.010; 40.400; 40.650; & 156.730

Maine

Various

Me. Rev. Stat. Ann. 30-A § 4743; 10 § 963A; 36 § 653; 37-B § 504; & 5 § 7051

Massachusetts

Honorably discharged or released

Mass. Gen. Laws ch. 4 § 7, cl. 43

Michigan

Honorably discharged or released

Mich. Comp. Laws Ann. § 35.61

Minnesota

Honorably separated

Minn. Stat. § 197.447

Montana

Honorably discharged or separated

Mont. Code Ann. §§ 10-2-101 & 39-29-101

Nebraska

Honorably separated or discharged

Neb. Rev. Stat. §§ 48-225 & 80-401.03

New York

Released from service other than by dishonorable discharge

N.Y. Exec. Law § 350

North Dakota

Honorably discharged or released

N.D. Century Code § 37-01-40

Ohio

Honorably discharged or separated

Ohio Rev. Code Ann. §§ 5901.01; 351.07; 3301.60; 3735.42; 3735.62; 5901.01; & 5903.11

South Carolina

Honorably discharged or released

S.C. Code Ann. § 25-11-40

South Dakota

Honorably separated or discharged

S.D. Codified Laws §§ 33-17-1 & 33-17-2

Utah

Honorably separated or retired

Utah Code Ann. § 71-8-1 & 71-10-1

Virginia

Honorably discharged

Va. Code Ann. § 2.2-2903

Washington

Honorably discharged

Wash. Rev. Code Ann. §§ 41.04.005 & 41.04.007

Source: Compiled from state statutes

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