Mass. Gen. Laws ch. 115, sec. 16 — MA Code / Part I / Title XVII / Chapter 115 / Section 16
Veterans equality review board; state-based veteran benefits for veterans that received an other than honorable discharge under Don't Ask, Don't Tell or similar policy
Status: in_force

Section 16. (a) There shall be a veterans equality review board to ensure veterans that received an other than honorable discharge under 10 U.S.C. 654, also known as the Don't Ask, Don't Tell policy, or any other policy, on the basis of sexual orientation, gender identity or gender expression, receive state-based veteran benefits. The board shall ensure that veterans receive state-based veteran benefits if they receive: (i) an other than honorable discharge on the basis of sex, race, color, religious creed, national origin, age, genetic information, ancestry, marital status or disability; or (ii) any United States Department of Veterans Affairs category eligible for a discharge upgrade, including, but not limited to, mental health conditions, military sexual trauma and traumatic brain injury. The executive office of veterans' services shall promulgate rules and regulations to carry out this section. The board shall consist of: 3 members appointed by the secretary of veterans' services, 1 of whom shall represent the interests of the LGBTQ veteran community; and 2 members appointed by the governor. All members shall, by education or experience, be knowledgeable of veterans benefits and programs and have demonstrated interest in veteran affairs. A majority of the members shall be veterans. Members shall serve for 5 years. The members shall vote to select a chair. If a vacancy occurs, it shall be filled for the balance of the unexpired term in the same manner as the original appointment. A majority of the appointed and serving members of the board shall constitute a quorum of the board for the transaction of business. An action of the board shall be approved by a majority vote of the members present at a meeting where a quorum is present. The members of the board shall serve without compensation. (b) The board shall meet as often as deemed necessary by the chair based on the number of applications pending before the board. The board shall review each application submitted under this section and render a recommendation to the secretary of veterans' services as to whether the veteran's sexual orientation, gender identity or gender expression was more likely than not the primary basis for the veteran receiving an other than honorable discharge. The board shall complete review of each application not later than 30 days after receipt and render a written recommendation to the secretary not later than 30 days after completion of such review. (c) A veteran who received an other than honorable discharge and who believes such discharge characterization was based on the veteran's sexual orientation, gender identity or gender expression may file an application for state-based veteran benefits. The applicant may include evidence supporting the applicant's claim that such other than honorable discharge characterization was based on the veteran's sexual orientation, gender identity or gender expression. (d) The executive office of veterans' services shall create a standardized application form enumerating the required documentation necessary for filing an application under this section and shall make such form available on the executive office of veterans' services website along with filing instructions. (e) The secretary shall issue a written decision not later than 10 days after receipt of the board's recommendation, approving or denying the application. If the secretary approves the application, the veteran shall be eligible for state-based veteran benefits. If the secretary denies the application, the veteran may file a request for reconsideration, including additional documentation for the application, not later than 30 days after receipt of the secretary's decision. [ There is no subsection (f).] (g) The executive office , board of registration in medicine and board of registration in pharmacy shall independently adopt regulations to implement this section.

Section 16. (a) There shall be a veterans equality review board to ensure veterans that received an other than honorable discharge under 10 U.S.C. 654, also known as the Don't Ask, Don't Tell policy, or any other policy, on the basis of sexual orientation, gender identity or gender expression, receive state-based veteran benefits. The board shall ensure that veterans receive state-based veteran benefits if they receive: (i) an other than honorable discharge on the basis of sex, race, color, religious creed, national origin, age, genetic information, ancestry, marital status or disability; or (ii) any United States Department of Veterans Affairs category eligible for a discharge upgrade, including, but not limited to, mental health conditions, military sexual trauma and traumatic brain injury. The executive office of veterans' services shall promulgate rules and regulations to carry out this section. The board shall consist of: 3 members appointed by the secretary of veterans' services, 1 of whom shall represent the interests of the LGBTQ veteran community; and 2 members appointed by the governor. All members shall, by education or experience, be knowledgeable of veterans benefits and programs and have demonstrated interest in veteran affairs. A majority of the members shall be veterans. Members shall serve for 5 years. The members shall vote to select a chair. If a vacancy occurs, it shall be filled for the balance of the unexpired term in the same manner as the original appointment. A majority of the appointed and serving members of the board shall constitute a quorum of the board for the transaction of business. An action of the board shall be approved by a majority vote of the members present at a meeting where a quorum is present. The members of the board shall serve without compensation.

(b) The board shall meet as often as deemed necessary by the chair based on the number of applications pending before the board. The board shall review each application submitted under this section and render a recommendation to the secretary of veterans' services as to whether the veteran's sexual orientation, gender identity or gender expression was more likely than not the primary basis for the veteran receiving an other than honorable discharge. The board shall complete review of each application not later than 30 days after receipt and render a written recommendation to the secretary not later than 30 days after completion of such review.

(c) A veteran who received an other than honorable discharge and who believes such discharge characterization was based on the veteran's sexual orientation, gender identity or gender expression may file an application for state-based veteran benefits. The applicant may include evidence supporting the applicant's claim that such other than honorable discharge characterization was based on the veteran's sexual orientation, gender identity or gender expression.

(d) The executive office of veterans' services shall create a standardized application form enumerating the required documentation necessary for filing an application under this section and shall make such form available on the executive office of veterans' services website along with filing instructions.

(e) The secretary shall issue a written decision not later than 10 days after receipt of the board's recommendation, approving or denying the application. If the secretary approves the application, the veteran shall be eligible for state-based veteran benefits. If the secretary denies the application, the veteran may file a request for reconsideration, including additional documentation for the application, not later than 30 days after receipt of the secretary's decision.

[ There is no subsection (f).]

(g) The executive office , board of registration in medicine and board of registration in pharmacy shall independently adopt regulations to implement this section.