Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 200 - ILLINOIS MILITARY FAMILY RELIEF FUND ACT › Subpart B - ELIGIBILITY › Section 200.40 - Determination of Eligibility for Casualty Based Grants - National Guard and Reserve Service Members

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				grant applicant must show proof of the following:
1) He or she is, at the time of entry on
				mobilization, a member of the Illinois National Guard or an Illinois resident
				who is a member of another U.S. Armed Forces Reserve component or is a family
				member of the service member. Proof of residency for military members will
				consist of information obtained from the supporting documents provided; DD 214,
				item 7b; or orders and military pay statement, along with the individual's
				certification on the application. Proof of a familial relationship will consist
				of information obtained from DEERS.
2) The Illinois National Guard or Reserve
				component member was on active military duty for at least 60 consecutive days
				(effective December 9, 2009; previously 30 days) in support of an emergency as
				defined in Section
				200.10
				(effective July 3, 2014; previously as a result of the September 11, 2001
				terrorist attacks). Proof of active duty will consist of a DD 214, DD 220, or
				copy of the orders issued by an authorized headquarters ordering the member to
				active duty and a military pay statement reflecting duty performance.
3) The Adjutant General is authorized to
				waive the 60-day (effective December 9, 2009; previously 30 days) requirement
				in subsection (a)(2) upon a written request indicating the circumstances
				justifying such a waiver. The Adjutant General may use discretion in granting
				or denying such requests.
4) The
				Department of Military Affairs will verify the member's casualty status with
				official documents provided by the service member or official message from the
				U.S. Department of Defense, including, but not limited to, Line of Duty
				Investigations, DOD Casualty Reports, Incident Reports, and intake medical
				reports/medical assessments. Documentation will include proof that the service
				member sustained an injury as a result of terrorist activity; sustained an
				injury in combat, or related to combat, as a direct result of hostile action;
				or sustained an injury going to or returning from a combat mission, provided
				that the incident leading to the injury was directly related to hostile action.
				This includes injuries to service members who are wounded mistakenly or
				accidentally by friendly fire directed at a hostile force or what is thought to
				be a hostile force. This rule is retroactive, but does not apply to
				applications for casualty based grants that were disbursed prior to December 7,
				2004. No payments shall be made without this verification.
5) If a custodial parent or guardian is
				applying for a grant on behalf of a service member's dependent, then the
				custodial parent or guardian must provide proof of guardianship of a member's
				dependent currently enrolled in DEERS or a Power of Attorney that authorizes
				these transactions.
6) There are no
				grade limitations to eligibility for the casualty based grant.