Plain Text Law

Title 35 — Subtitle 01. General

Chapter 01. Purpose; Definitions

Regulation .01 Purpose.Copy Citation

A.
The purpose of this title is to define a veteran who is a Maryland resident, and may be entitled to aid:
(1)
From the United States government, pursuant to federal law for the benefit of veterans and their dependents;
(2)
In preparing and presenting their claims to the proper federal authorities and agencies; and
(3)
In securing and expediting action on those claims.
B.
In addition, the definitions contained in this subtitle assist in the determination of eligibility for burial in one of Maryland's veterans' cemeteries, admission to Charlotte Hall Veterans' home, as well as other benefits offered to veterans who are Maryland residents.

Regulation .02 Definitions.Copy Citation

A.
In this title, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Active duty for training” and “inactive duty training” do not include:
(a)
Duty performed as a temporary member of the Coast Guard Reserve;
(b)
Work or study performed in connection with correspondence courses; or
(c)
Attendance at an educational institute in an inactive status.
(2)
“Department” means the Maryland Department of Veterans and Military Families.
(3)
“Honorable discharge”, for the purposes of determining State program benefits, rights, or privileges, includes a discharge that is less than honorable:
(a)
Solely due to the sexual orientation or gender identity of the individual being discharged; or
(b)
Based on a statement or consensual act of the discharged individual related to the individual’s sexual orientation or gender identity if the statement or consensual act was prohibited by the military or naval service at the time of discharge.
(4)
“Secretary” means the Secretary of the Maryland Department of Veterans and Military Families.
(5)
“U.S. Armed Forces” means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard, including the reserve components thereof.
(6)
“Veteran” has the meaning stated in §C of this regulation.
C.
“Veteran” means any one of the following:
(1)
An individual who:
(a)
Served on full time active duty, other than for training, as a member of the U.S. Armed Forces;
(b)
Was discharged or released under conditions other than dishonorable; and
(c)
Enlisted in the military after September 7, 1980;
(2)
An officer commissioned or who entered active military service after October 16, 1981, who has completed 2 years of continuous active duty or full time period for which the officer was called or ordered;
(3)
An individual who dies under honorable conditions while serving on active duty in the U.S. Armed Forces;
(4)
A member of the reserve component of the U.S. Armed Forces, the Army National Guard, the Air National Guard, or the Reserve Officers Training Corps, who dies under honorable conditions while serving on active duty, for training or full time service, or while hospitalized or undergoing treatment at the expense of the United States for injury or disease contracted or incurred while serving on this duty;
(5)
A commissioned officer of the National Oceanic and Atmospheric Administration (formerly titled Coast and Geodetic Survey) who:
(a)
Served on full-time duty on or after July 29, 1945; or
(b)
Served before that date:
(i)
While on transfer to one of the Armed Forces;
(ii)
While in time of war or national emergency declared by the President, assigned to duty on a project for one of the Armed Forces in an area determined by the Secretary of Defense to be of immediate military hazard; or
(iii)
In the Philippine Islands on December 7, 1941, or thereafter;
(6)
A commissioned officer of the Regular or Reserve Corps of the Public Health Service who served on full-time duty on or after July 29, 1945, as described in §D of this regulation; or
(7)
A commissioned officer of the Regular or Reserve Corps of the Public Health Service who performed active service before July 29, 1945:
(a)
While on transfer to one of the Armed Forces;
(b)
While in time of war or national emergency declared by the President, and assigned to duty on a project for one of the Armed Forces in an area determined by the Secretary of Defense to be of immediate military hazard; or
(c)
In the Philippine Islands on December 7, 1941, or thereafter.
D.
If the service of the public health service officer is performed while on active duty for training, the officer's death must have resulted from a disease or injury incurred or aggravated in the line of duty to qualify as a veteran under §C(6) of this regulation.

Regulation .03 Public Law H.R. 821.Copy Citation

Public Law H.R. 821, enacted May 4, 1994, extends burial eligibility to an individual who has 20 years of service credited for retired pay as a member of a reserve component of the U.S. Armed Forces, or who would have been entitled to retired pay but for the fact that the individual was younger than 60 years old.

Regulation .04 Legal Residence Within the State of Maryland.Copy Citation

A.
A veteran's legal residence within the State, for the purpose of establishing eligibility for State benefits, shall be established by reasonable and substantial evidence. That evidence may include:
(1)
An up-to-date voter's registration card, in the name of the veteran;
(2)
A certified copy of a Maryland income tax report form, filed by the veteran immediately preceding the death of the veteran or the veteran's next of kin;
(3)
A certified copy of a notice of tax assessment or tax bill on property located within the State, addressed to the veteran and dated within 1 year of the death of the veteran or the veteran's next of kin; or
(4)
The records of a nursing home, hospital, or institution where the veteran may have been confined, to establish that at the time of admission, the veteran's legal residence was within the State.
B.
When a veteran, who has been a legal resident of Maryland for a period of 2 years or more, moves to another State to establish legal residency, the Maryland residence, for the purpose of qualifying for burial in a State veterans' cemetery shall be established by one or more of the following during the period in question:
(1)
Records of tax payments: personal or property, or both;
(2)
A continuous voting record;
(3)
Hospital records: governmental or private, or both;
(4)
Personal knowledge of reputable citizens of Maryland, or State, county, or city officials;
(5)
Records of recognized fraternal, civic, or veterans' organizations; or
(6)
Any other substantial evidence that may establish the required residency.
C.
The 2-year legal residence requirement for burial in one of Maryland's Veterans' Cemeteries, or admission to assisted living in Charlotte Hall Veterans' Home may be waived when the veteran has been a legal resident of Maryland for a substantial portion of a 2-year period, if, in the judgment of the Department or its designee, there are compelling reasons for this waiver such as the following:
(1)
The veteran has had ties of relationship and friendship to permanent residents of Maryland for a substantial period;
(2)
There is evidence that equal or greater ties of the veteran to residents of another state do not exist; or
(3)
The evidence in support of this waiver is compelling, or of such nature and weight as to warrant an affirmative decision.
D.
The evidence establishing that a veteran was a legal resident of Maryland when the veteran entered the U.S. Armed Forces of the United States shall include one or more of the following:
(1)
Military records, such as a DD Form 214;
(2)
A document establishing honorable military service; or
(3)
Draft board records, or State records establishing legal residence at a time of entrance into military service.

Regulation .05 Restoration of Benefits Application Procedures.Copy Citation

A veteran shall submit to the Secretary:
A.
Documentation providing the basis for the veteran’s discharge; and
B.
Any additional documentation requested by the Department.