An Act to Establish a Qualifying Condition Review Board to Provide Benefits to Certain Service Members
Maine Legislature, Session 131, LD 1523
Committee: Veterans and Legal Affairs
Sponsors: RIELLY, BOYER, MALON, MONTELL, MOONEN, SUPICA
Amends: 37-B MRSA §503, 37-B MRSA §504, 37-B MRSA §517

Legislative Document
No. 1523
H.P. 978
House of Representatives, April 5, 2023
An Act to Establish a Qualifying Condition Review Board to 
Provide Benefits to Certain Service Members
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative RIELLY of Westbrook.
Cosponsored by Representatives: BOYER of Poland, MALON of Biddeford, MONTELL of 
Gardiner, MOONEN of Portland, SUPICA of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  37-B MRSA §503, sub-§9, as enacted by PL 2021, c. 37, §1, is repealed.
Sec. 2.  37-B MRSA §504, sub-§4, ¶A-1, as amended by PL 2021, c. 37, §2, is 
further amended by repealing subparagraph (3).
Sec. 3.  37-B MRSA §517 is enacted to read:
§517.  Qualifying Review Board
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A. "Board" means the Qualifying Review Board established under this section.
B. "Gender identity" has the same meaning as in Title 5, section 4553, subsection 5‑C.
C. "Sexual orientation" has the same meaning as in Title 5, section 4553, subsection 
9‑C.
D. "Veteran" means a person who served in the United States Armed Forces, the 
reserve components of the United States Armed Forces, the Maine National Guard or 
the Active Guard Reserve. 
2. Board established.  The Qualifying Review Board is established to review 
applications submitted by veterans under this section.
3. Board composition; terms; chair; compensation; meetings.  The director shall 
appoint 3 members to serve on the board.  Members of the board serve a term of 3 years. 
The director shall appoint a member to fill a vacancy on the board.  The director shall 
designate one of the members as the chair of the board.  The members of the board serve 
without compensation. The board shall meet at least monthly or as often as determined to 
be necessary by the chair of the board.
4. Application. A veteran who receives an other than honorable discharge may file an 
application for eligibility for rights, privileges and benefits granted to veterans under state 
law if the veteran believes the discharge characterization was based on:
A. The veteran's sexual orientation, gender identity or gender expression;
B. Conduct associated with a diagnosis of post-traumatic stress disorder or acquired 
brain injury; or
C. Conduct or circumstances relating to being a victim of military sexual assault.
A veteran filing an application under this section may include evidence supporting the 
veteran's claim that the discharge characterization was based on a reason described in this 
subsection.
The bureau shall prescribe an application form to be used for purposes of this subsection 
and make that form available on the bureau's publicly accessible website along with 
instructions for filing the application.
5. Review of application.  The board shall review each application submitted and 
render a recommendation to the director as to whether the reason cited in the application 
was more likely than not the primary reason for the other than honorable discharge.  The 
board shall review each application not later than the 30th day after the date the board 
receives the application and render a written recommendation to the director not later than 
the 30th day after the date of the review.  The director shall issue a written decision not 
later than the 10th day after the date the director receives the board's recommendation, 
approving or denying the application. If the director approves the application, the veteran 
is eligible for rights, privileges and benefits granted to veterans under state law.  A veteran 
aggrieved by the director's decision may file a request for reconsideration with the director 
not later than the 15th day after the date of the director's decision.  The veteran may include 
supplemental documentation in support of the request for reconsideration.  The director 
shall provide due consideration to the request for reconsideration and render a decision not 
later than the 10th day after the day the director receives the request for reconsideration. 
The director's decision with regard to the reconsideration is a final decision by the United 
States Department of Veterans Affairs and may be appealed by filing a complaint in the 
Superior Court.
6. Rules. The bureau may adopt rules to implement this section.  Rules adopted in 
accordance with this subsection are routine technical rules as described under Title 5, 
chapter 375, subchapter 2-A.
SUMMARY
This bill repeals a provision requiring the Director of the Maine Bureau of Veterans' 
Services to establish a process for a veteran who separated from service without an 
honorable discharge due solely to the veteran's sexual orientation or gender identity to have 
that discharge treated as an honorable discharge for purposes of determining the veteran's 
eligibility for rights, privileges and benefits granted to veterans under state law and replaces 
it with a provision establishing the Qualifying Review Board to review applications 
submitted by veterans who receive an other than honorable discharge for eligibility for 
rights, privileges and benefits granted to veterans under state law if the veteran believes the 
discharge characterization was based on the veteran's sexual orientation, gender identity or 
gender expression; conduct associated with a diagnosis of post-traumatic stress disorder or 
acquired brain injury; or conduct or circumstances relating to being a victim of military 
sexual assault.  On approval of an application, the veteran is eligible for rights, privileges 
and benefits granted to veterans under state law.