Md. Code Regs. 35.01.01.02

Current through Register Vol. 51, No. 18, September 6, 2024

Section 35.01.01.02 - Definitions

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 Affairs.

(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 Affairs.

(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.

Md. Code Regs. 35.01.01.02

Regulation .02 amended effective 51:7 Md. R. 321-354, eff. 4/15/2024; amended effective 51:15 Md. R. 712, eff. 8/5/2024.