TITLE 95: VETERANS AND MILITARY AFFAIRS
CHAPTER I: DEPARTMENT OF VETERANS' AFFAIRS
PART 104 VIET NAM VETERANS COMPENSATION
SECTION 104.30 COMPENSATION PAYMENTS TO VETERANS OR SERVICEPERSONS


 

Section 104.30  Compensation Payments to Veterans or Servicepersons

 

a)         Veteran or Serviceperson Eligible to Apply for Compensation Under the Act

 

1)         Eligible Applicants

 

A)        The applicant must still be in active service, be honorably separated or discharged from the service, be furloughed to the reserves, or be retired.

 

B)        Every person meeting the residency requirements of subsection (a)(3) and who served on active duty with the Armed Forces of the United States between January 1, 1961 and March 28, 1973, inclusively, (see 32 CFR 578.26) and received the Viet Nam Service Medal is eligible for compensation under the Act.

 

C)        Those who served full-time duty as a commissioned officer in the U.S. Public Health Service assigned to units of the Armed Forces are eligible for compensation upon documentation of service.

 

2)         Ineligible Applicants

 

A)        Service in the merchant marine is not service in the Armed Forces for purpose of the Act.

 

B)        No payment may be made under the Act to any person who did civilian work at civilian pay.

 

C)        No payment may be made to any person who has received from another state a bonus or compensation of like nature.

 

3)         Residency

Eligible applicants must prove residency within the State of Illinois for at least 12 months immediately preceding entry into the service.

 

b)         Application Form

Application for payment of the Viet Nam compensation must be made on the form furnished by the Department of Veterans' Affairs.

 

c)         Evidence of Discharge or Continued Service

 

1)         Documentation of Separation

Each applicant shall submit a certified or notarized copy of the DD 214 or such other documents showing separation from service in the Armed Forces or, if still in service, the certification described in subsection (c)(2). All other supporting evidence must be certified or notarized copies.

 

2)         Certification of Continued Service

An eligible applicant who has continued in service and has not received a document of separation from active duty must submit a certification signed by the Adjutant or Personnel Officer of the unit in which the applicant is presently serving.  The certificate must state:

 

A)        The name of the applicant; and

 

B)        That the eligible applicant has served under honorable conditions for all periods of continuous, active duty from the date of entry into active duty to the present, as recorded in his or her service record.

 

3)         Condition of Discharge

The DD 214 or other proof of discharge must state "Honorable" or "Under Honorable Conditions".  If an applicant received an honorable discharge for service during the Viet Nam Campaign and is otherwise eligible, he or she is entitled to the compensation even though he or she re-enlisted immediately following the period of Viet Nam service and later received a "Dishonorable" or "Less than Honorable" discharge.