Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter B - EDUCATIONAL GRATUITY PROGRAM › Section 5.11 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise:
Act
-Title 51 of the
Pennsylvania
					 Consolidated Statutes
Chapter 87 (relating to educational gratuity
					 program).
Bureau
-The Bureau for Veterans' Affairs of
					 the Department.
Commission
-The State Veterans' Commission.
Department
-The Department of Military
					 Affairs of the Commonwealth.
Eligible disabled or deceased veteran
-A
					 person who served in the military or naval forces of the United States, or a
					 women's organization officially connected therewith, who did one of the
					 following:
(i) Was killed in action or
				  died as a result of wounds incurred during war or armed conflict or as a result
				  of hostile fire or terrorist attack during peacetime, as determined by the
				  Department.
(ii) Died in service
				  during a period of war or armed conflict.
(iii) Was honorably discharged from the
				  military or naval forces of the United States and certified by the United
				  States Department of Veterans' Affairs as a 100% disabled veteran as a result
				  of service during war or armed conflict or as a result of hostile fire or
				  terrorist attack, as determined by the Department during peacetime.
(iv) Was honorably discharged from the
				  military or naval forces of the United States and died as a result of a
				  service-connected disability, as certified by the United States Department of
				  Veterans' Affairs, incurred during war or armed conflict or as a result of
				  peacetime hostile fire or terrorist attack, as determined by the
				  Department.
Gratuity
-Payments in amounts authorized
					 by law to provide educational assistance for eligible children of certain
					 veterans.
Military
or
naval service of the
					 United States
-The United States Army, Navy, Air Force, Marine Corps,
					 Coast Guard and the reserve components thereof when engaged in active Federal
					 military service. The term also includes members of the American Merchant
					 Marine in oceangoing service during the period of armed conflict from December
					 7, 1941 to August 15, 1945, who have a Department of Defense Certificate of
					 Release or Discharge from Active Duty or its equivalent.
Peacetime hostile fire
-A situation
					 resulting in casualties to members of the military or naval forces of the
					 United States, or women's organizations officially connected therewith, during
					 periods other than established war or armed conflict service dates when
					 American armed forces are engaged in hostilities or exchange fire with the
					 armed forces of a foreign state or terrorists or when American armed forces are
					 targets of fire from the armed forces of foreign states or terrorists.
Terrorist attack
-An act of violence,
					 including bombings, kidnappings, shootings and assaults, perpetrated by
					 individuals or groups against members of the military or naval forces of the
					 United States (or a women's organization officially connected therewith) for
					 political, anarchist or other motives.
War
or
armed conflict
-The
					 Mexican border period, World War I, World War II, the Korean Conflict, the
					 Vietnam Era and periods beginning on the date of a future declaration of war by
					 Congress and ending on the date prescribed by Presidential proclamation or
					 concurrent resolution, as well as dates established by Federal statute or
					 regulations of the United States Department of Veterans'
					 Affairs.
The provisions of this §
												5.11 amended under the Military
						Code,
						51 Pa.C.S. §
													1704(7).
This section cited in 43 Pa. Code §
												5.16 (relating to eligibility
						criteria).