Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 9 - PERSIAN GULF CONFLICT VETERANS' BENEFIT PROGRAM › Section 9.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the definitions in section 2 of the act
				  (51
				  P. S. §
										20302), the following words and
				  terms have the following meanings, unless the context clearly indicates
				  otherwise:
Act
-The Persian Gulf Conflict Veterans'
				  Benefit Act (51 P. S. §§
										20301-20315).
Active duty
-The meaning as defined in
				  10 U.S.C. §
										101(d)(1) (relating to
				  definitions).
Active service
-
(i) For a member of an active component of
				the armed forces of the United States, the time served on active duty for which
				the member has received or is eligible to receive the Southwest Asia Service
				Medal for service related to the Persian Gulf Conflict Theater; for a member of
				the Pennsylvania National Guard or a reserve component of the armed forces of
				the United States, time served on active duty for the support of operations in
				the Persian Gulf Conflict Theater whether or not that service was in the
				Theater.
(ii) The term includes
				time spent in hospitals as a result of service-connected wounds, diseases or
				injuries sustained on active service. Proof of this service shall be the
				official military records of the United States or other evidence as deemed
				sufficient by the Adjutant General.
(iii) The term does not include time served
				on active duty for annual training or schooling, except for training and
				schooling in preparation for active duty in the Persian Gulf Conflict
				Theater.
Applicant
-The individual who, or facility
				  which, submits an application for payment under the Program.
Bonus
-The benefit payment made to eligible
				  veterans or their survivors under the act.
Bureau
-The Bureau for Veterans' Affairs of
				  the Department.
Department
-The Department of Military
				  Affairs.
Deputy Adjutant General for Veterans'
				  Affairs
-The Deputy Adjutant General of the Department with general
				  responsibilities for administration of veterans programs who oversees the
				  Bureau for Veterans' Affairs and exercises the powers and duties described
				  generally in 51 Pa.C.S. Chapter 17, Subchapter B (relating to Deputy Adjutant
				  General for Veterans' Affairs).
Facility
-A mental health establishment,
				  hospital, clinic, institution, center, day-care center, base service unit,
				  community mental health center or other organizational unit, or treatment,
				  care, rehabilitation or detention of mentally disabled persons.
Legal resident of this Commonwealth
-A member
				  of the United States Armed Forces, a reserve component of the United States
				  Armed Forces or the Pennsylvania National Guard whose home of record at the
				  time of the Persian Gulf Conflict was this Commonwealth or any specific place
				  in this Commonwealth without regard to the place of enlistment, commission or
				  induction.
Member
-A member of the Armed Forces of the
				  United States or a reserve component of the Armed Forces of the United States,
				  including the Army National Guard of the United States or the Air National
				  Guard of the United States.
Parent
-
(i) The natural or adoptive parent of the
				veteran.
(ii) The term includes
				persons who, for a period of at least 1 year, acted in the capacity of a foster
				parent to the veteran immediately prior to the veteran having attained 18 years
				of age.
Persian Gulf Conflict Theater
or
Theater
-The area defined as the Persian Gulf Conflict Theater
				  of Operations as established by the United States Department of Defense for the
				  awarding of the Southwest Asia Service Medal for the period of time from August
				  2, 1990, through August 31, 1991.
Program
-The Persian Gulf Conflict Veterans'
				  Benefit Program established by the act.
Veteran
-
(i) A member or former member of the armed
				forces of the United States, including a member of the Army National Guard of
				the United States, the Air National Guard of the United States or a reserve
				component of the armed forces, who was ordered into or volunteered to serve on
				active duty in the Persian Gulf Theater of operations during the period from
				August 2, 1990, to August 31, 1991, and has received the Southwest Asia Service
				Medal established by Executive Order 12754, 12 March 1991.
(ii) The term does not include an individual
				who:
(A) At any time during the Persian Gulf
				Conflict or thereafter, was separated from the armed forces under other than
				honorable conditions.
(B) Has
				renounced his United States citizenship.