Kansas Administrative Regulations › Agency 97 - KANSAS COMMISSION ON VETERANS' AFFAIRS › Article 7 - VIETNAM WAR ERA MEDALLION PROGRAM › Section 97-7-3 - Legal resident status

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Proof of residence. In addition to establishing the veteran
				status of the person for whom an application under the program is submitted as
				specified in
				K.A.R.
				97-7-2, the applicant shall establish to the
				satisfaction of the director of veteran services that the person was a legal
				resident of Kansas during the person's active service within the period
				beginning February 28, 1961 and ending May 7, 1975. The proof of residence
				shall be the official records of the United States or other evidence deemed
				sufficient by the director of veteran services.
A legal resident of Kansas shall mean an individual for whom
				Kansas was the state of domicile while serving in the United States armed
				forces or a reserve component of the United States armed forces within the
				period specified in this subsection and who did not claim legal residence in
				any other state during that period of active service, without regard to the
				place of enlistment, commission, or induction. A service member's legal
				residence shall not change by virtue of military assignment to another
				state.
(b) Home of record in Kansas shown in official military
				records. Each veteran whose home of record is listed as Kansas in official
				military records showing qualifying active service within the period beginning
				February 28, 1961 and ending May 7, 1975 shall be considered a legal resident
				without regard to the veteran's place of enlistment, commission, or
				induction.
(c) Home of record in Kansas not shown in official military
				records. In making a determination of legal residence if official military
				records do not show Kansas as the veteran's home of record for the period of
				active service, the director of veteran services shall apply a rebutt-able
				presumption that the veteran was not a legal resident of Kansas. The applicant
				may rebut this presumption by showing facts and circumstances establishing that
				Kansas was the veteran's legal residence because Kansas was the veteran's
				permanent place of abode to which the veteran intended to return.
(d) Documentation. If an applicant is unable to document the
				veteran's legal residence in Kansas by means of official military records
				showing a home of record in Kansas during the period of active service, the
				director of veteran services may consider the following documentation when
				determining whether sufficient evidence exists to show that the veteran was a
				legal resident of Kansas who did not claim legal residence in any other state
				at that time:
(1) Voter registration records for the period beginning
				February 28, 1961 and ending May 7, 1975;
(2) proof of payment of state income tax as a resident for the
				period beginning February 28, 1961 and ending May 7, 1975;
(3)
(A) Kansas driver's license or Kansas identification card;
				and
(B) any similar documentation for the period beginning February
				28, 1961 and ending May 7, 1975;
(4) other proof of a Kansas residential address for the period
				beginning February 28, 1961 and ending May 7, 1975, including a high school
				diploma or attendance record for a Kansas high school, real estate records,
				utility receipts, and any other records showing residence in Kansas; and
(5) an affidavit of residence submitted by the applicant under
				penalty of law in which the applicant swears or affirms that the veteran on
				whose behalf the application under the program is submitted remained a legal
				resident of Kansas and did not claim legal residence in any other state for any
				purpose during the period of active service occurring within the period
				beginning February 28, 1961 and ending May 7, 1975.