§ 7101.2. Definitions.

691 words·~3 min read·/pa/title-51/chapter-71/7101-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"DD214." A United States Department of Defense Report of Separation Form 214 or a similarly effective form issued by the Department of Defense relating to separation from military service.

"DD215." A United States Department of Defense Incomplete Awards, Decorations and Discharges Form 215 or similarly effective form issued by the Department of Defense to correct errors or make additions to a DD214 in order to ensure that the veteran has accurate discharge documentation.

"Discharge papers or separation documents." A DD214, DD215 or NGB-22 form.

"NGB-22." A National Guard Bureau Report of Separation and Record of Service Form 22 or a similarly effective form issued by the National Guard Bureau relating to separation from military service, specifically in the National Guard.

"Requisite qualifications." The experience, education, academic success, training, certifications, proficiencies, interpersonal skills and intangibles required for an applicant to successfully perform in a public position.

"Spouse of a disabled veteran." The spouse of a veteran who has been classified by the United States Department of Veterans Affairs' Veterans Benefits Administration as having a permanent total disability.

"Statement of service." A statement of service for veterans on active duty or individuals who are still members of a reserve component or National Guard who must provide a statement signed by, or at the direction of the adjutant, personnel office or commander of the unit or higher headquarters to which the applicant has completed their initial contractual service obligations or is transitioning from active duty of the United States Armed Forces on terminal or transitional leave.

"Surviving spouse." An unmarried spouse of a deceased veteran or of a service member who died on active duty in the United States Armed Forces, including a reserve component or National Guard.

"Under conditions other than dishonorable." A condition in which a recipient of a discharge from service is any of the following:

(1)A recipient of an honorable discharge.

(2)A recipient of a general, under honorable conditions, discharge.

(3)A recipient of a discharge under other than dishonorable conditions for which the recipient has been determined to be eligible for benefits afforded by the United States Department of Veterans Affairs.

"Veteran." The term includes:

(1)An individual who served, as evidenced by the veteran's discharge papers, separation documents or statement of service, or hereafter serves in any of the following:

(i)in the armed forces of the United States, including a reserve component or National Guard, has completed their initial contractual military service obligation and their last discharge or release was under conditions other than dishonorable;

(ii)in the armed forces of the United States, including a reserve component or National Guard, has served during a period of war or armed conflict as determined by the United States Department of Defense, has completed a tour of active duty for purposes other than training, was released from that period of active duty under conditions other than dishonorable and continues to serve;

(iii)in the armed forces of the United States, including a reserve component or National Guard, has completed an initial contractual military service obligation and continues to serve; or

(iv)in the armed forces of the United States, including a reserve component or National Guard, whose last discharge was due to a disability and under conditions other than dishonorable.

(2)An active duty member of the armed forces of the United States who is completing a tour of active duty that is three years or more and is within 90 days of an approved discharge or release, as evidenced by documentation of the projected discharge or release from active duty under conditions other than dishonorable.

51c7101.2v

(Oct. 29, 2020, P.L.1045, No.102, eff. 60 days; July 7, 2022, P.L.474, No.44, eff. 60 days)

2022 Amendment. Act 44 amended the defs. of "surviving spouse" and "veteran" and added the def. of "under conditions other than dishonorable."

2020 Amendment. Act 102 added section 7101.2.

Cross References. Section 7101.2 is referred to in sections 1361, 1364 of Title 75 (Vehicles).

51c7102s