Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 9 - PERSIAN GULF CONFLICT VETERANS' BENEFIT PROGRAM › Section 9.4 - Legal residence

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Proof of residence
. In addition to establishing the veteran
				status of the person for or on behalf of whom the bonus payment is sought, the
				applicant shall establish to the satisfaction of the Department that the
				individual was a legal resident of this Commonwealth at the time of service
				qualifying for payment of the bonus during the period August 2, 1990, to August
				31, 1991. The proof of residence shall be the official records of the United
				States or other evidence deemed sufficient by the Adjutant General. A legal
				resident of this Commonwealth is an individual for whom this Commonwealth was
				the state of domicile and who did not claim legal residence in any other state
				for any purpose. A service member's legal residence in this Commonwealth is not
				changed by virtue of military assignment to another state.
(b)
Home of record in this
				Commonwealth shown in official military records
. A veteran whose home
				of record is listed in this Commonwealth in official military records showing
				qualifying service during the period August 2, 1990, to August 31, 1991, will
				be considered a legal resident of this Commonwealth without regard to the
				veteran's place of enlistment, commission or induction.
(c)
Home of record in this
				Commonwealth not shown in official military records
. In making a
				determination of legal residence in cases where official military records do
				not show this Commonwealth as the applicant's home of record for the period of
				service, the Department will apply a rebuttable presumption that the veteran
				was not a legal resident of this Commonwealth. The applicant can rebut this
				presumption by showing facts and circumstances establishing that this
				Commonwealth was the applicant's legal residence in that it was his permanent
				place of abode to which the applicant had an intent to return.
(d)
Documentation
. If an
				applicant is unable to show legal residence in this Commonwealth by means of
				official military records showing a home of record in this Commonwealth during
				the period of service, the Department may consider the following documentation
				when determining whether sufficient evidence exists to show by a preponderance
				of the available evidence that the veteran was a legal resident of this
				Commonwealth who did not claim legal residence in any other state at that time:
(1) Voter registration records for the period
				August 2, 1990, to August 31, 1991.
(2) Proof of payment of State Income Tax as a
				resident for 1990 or 1991.
(3)
				Pennsylvania driver's license or Pennsylvania Identification Card and similar
				documentation for 1990 or 1991.
(4)
				Other proof of Pennsylvania residence address in 1990 or 1991, including high
				school diploma or attendance record for Pennsylvania high school, real estate
				records, utility receipts and other records showing residence in this
				Commonwealth.
(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 bonus payment
				was sought remained a legal resident of this Commonwealth and did not claim
				legal residence in any other state for any purpose during the period August 2,
				1990, to August 31, 1991. A service member's legal residence in this
				Commonwealth is not changed by virtue of military assignment to another
				state.