37-26 Operation Desert Shield and Desert Storm Veterans' Compensation
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<![CDATA[CHAPTER 37-26OPERATION DESERT SHIELD AND DESERT STORMVETERANS'COMPENSATION37-26-01. Definitions. As used in this chapter:1."Adjutant general" means the adjutant general of North Dakota.2."Beneficiary" in relation to a deceased veteran, means, in the order named:a.The surviving unremarried husband or wife as of the date of signing the<br>application;b.The surviving child or children and the lawful issue of a deceased child or<br>children by right of representation;c.The surviving person standing in loco parentis; ord.The surviving parent or parents.3."Domestic service" means service by a veteran during the period of service which is<br>not foreign service.4."Foreign service" means service by a veteran during the period of service anywhere<br>in the Persian Gulf theatre.5."Honorable and faithful" means service evidenced by:a.An honorable discharge, or its equivalent;b.In the case of an officer, a certificate of service; andc.In the case of a veteran who has not been discharged, a certificate from the<br>appropriate service authority that the veteran's service was honorable and<br>faithful.6."Period of service" means the period of time beginning August 2, 1990, and ending<br>June 30, 1993.7."Resident" means a person who:a.Was born in and lived in the state of North Dakota until entrance into the armed<br>forces of the United States;b.Was born in, but was temporarily living outside the state of North Dakota, not<br>having abandoned North Dakota residence at the time of entrance into the<br>armed forces of the United States; orc.Was born elsewhere but had resided within the state of North Dakota for the<br>last six months before entrance into military service and had prior to or during<br>that six-month period:(1)Voted in the state of North Dakota;(2)Was an emancipated minor during such period of residence or had lived<br>with a parent or person standing in loco parentis who was a resident; or(3)Was not registered for voting in another state after being a resident.Page No. 1d."Resident" also means a veteran who was a bona fide resident of the state of<br>North Dakota at the time of entering the armed forces, as determined under the<br>rules of the adjutant general and the laws of this state.A person is not aresident of North Dakota for the purpose of receiving any benefits under this<br>chapter if the person was on continuous active duty in the armed forces,<br>immediately prior to August 2, 1990, and has not established actual abode in<br>North Dakota prior to April 18, 1991.8."Veteran" means a member of the national guard or reserve component who was<br>activated under 10 U.S.C. 673 or 10 U.S.C. 673(b) and who completed honorable<br>and faithful service of more than thirty days on active duty in the armed forces of the<br>United States at any time during the period of service, who was a resident of the<br>state of North Dakota, and who has not received bonus or adjusted compensation<br>from another state for the period of service.37-26-02. Payment of adjusted compensation for domestic and foreign service.Each veteran is entitled to fifty dollars for each month or major fraction thereof for domestic<br>service and one hundred dollars for each month or major fraction thereof for foreign service. If<br>the veteran received a purple heart for foreign service, the veteran is entitled to a payment of two<br>thousand five hundred dollars in lieu of monthly payments for adjusted compensation. If the<br>veteran is deceased, the veteran's beneficiary is entitled to any payments under this chapter to<br>which the veteran would have been entitled. Applications for adjusted compensation may be<br>filed with the adjutant general after April 1, 1991, but not later than six months after the end of the<br>period of service.37-26-03. Payment to beneficiary of veteran who died in active service. In the caseof a veteran who died as a result of active service during the period of service, the beneficiary of<br>such veteran is entitled to a payment of two thousand five hundred dollars in lieu of any other<br>compensation under this chapter.37-26-04. Application. Each veteran or veteran's beneficiary entitled to payment underthis chapter shall make application to the adjutant general of the state of North Dakota upon a<br>form prescribed by the adjutant general.If the veteran is incompetent or the veteran'sbeneficiary is incompetent or a minor, application may be made by the guardian of the veteran or<br>beneficiary, and if there is no guardian, the person determined by the adjutant general to have<br>assumed the major responsibility for the care of the veteran or beneficiary and to be a proper<br>person to receive payment for the veteran or beneficiary may make the application. If a veteran<br>is hospitalized in a state, county, or federal institution and no application has otherwise been<br>approved by the adjutant general, the person in charge of such institution may make the<br>application with the approval of the adjutant general. For the purpose of this section, the word<br>"minor" does not include the unremarried spouse of a veteran.Each application must beaccompanied by a certified copy of honorable discharge or other evidence of honorable and<br>faithful service. Each application must be subscribed and sworn to by the applicant in such<br>manner as may be prescribed by the adjutant general. The adjutant general shall provide by rule<br>for an endorsement of the evidence of honorable and faithful service if application for payment<br>has been made.37-26-05. Method of payment - Deduction of sums due veterans' aid fund. Uponsubmission of satisfactory proof that the applicant is entitled to payment under this chapter, the<br>adjutant general shall compute the amount of payment due the applicant, make a record thereof,<br>and forward a voucher for the payment to the office of management and budget, which shall<br>cause the warrant-check to be issued for the amount of the claim. Payment must be made from<br>funds appropriated by the legislative assembly. If the veteran or the applicant for payment under<br>this chapter is indebted to the veterans' aid fund of the state of North Dakota, the adjutant<br>general shall determine the amount of such indebtedness and certify such determination to the<br>office of management and budget together with the record of payment due. Within the limits of<br>the payment due, the amount of such indebtedness must be paid to the veterans' aid fund and<br>the applicant must be paid any remainder to which the veteran is entitled.Page No. 237-26-06. Payments exempt from taxation and from execution - Assignments void -Debts to state and political subdivisions not deducted. Payments under this chapter are<br>exempt from all state and local taxes and from levy, garnishment, attachment, and sale on<br>execution. Any pledge, mortgage, sale, assignment, or transfer of any right, claim, or interest in<br>any claim or payment under this chapter is void and payment to the veteran may not be denied<br>because of any sums owed to the state or any political subdivisions, except as provided in<br>section 37-26-05.37-26-07. Duty of adjutant general - Finality of decisions - Questions of residencesubject to court review. The adjutant general shall administer this chapter.The adjutantgeneral shall prepare and distribute application blanks and investigate all claims and applications<br>filed. If the adjutant general is satisfied of the proof of a claim and application, the adjutant<br>general shall approve and direct payment of the claim. The adjutant general may adopt any<br>rules necessary to the efficient administration of this chapter. The necessary books, papers,<br>records, cases, and equipment used in the administration of this chapter shall become a part of<br>the permanent records of the office of the adjutant general. The adjutant general may determine<br>any claim in any case if doubt arises as to the eligibility of an applicant to receive payment and<br>the decision of the adjutant general in such case is final, except on questions of residence which<br>are subject to review by a court of competent jurisdiction. The adjutant general shall authorize<br>payment for prisoners of war upon their release and return.37-26-08.Penalty for false statement.Any person who willfully makes a falsestatement in the application for benefits under this chapter is guilty of a class A misdemeanor.Page No. 3Document Outlinechapter 37-26 operation desert shield and desert storm veterans'compensation]]>