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37-27: War and Armed Conflict Veterans' Compensation


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 spouse as of the date of signing the application; b. The surviving child or children and the lawful issue of a deceased child or children by representation; c. The surviving person standing in loco parentis; or d. The surviving parent or parents.


3. "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; and c. In the case of a veteran who has not been discharged, a certificate from the appropriate service authority that the veteran's service was honorable and faithful.


4. "Period of service" means: a. For the Persian Gulf War, the period of time beginning August 2, 1990, and ending June 30, 1993; b. For the Grenada armed conflict, the period of time beginning October 23, 1983, and ending November 21, 1983; c. For the Lebanon armed conflict, the period of time beginning June 1, 1983, and ending August 1, 1984; or d. For the Panama armed conflict, the period of time beginning December 20, 1989, and ending January 30, 1990.


5. "Qualifying service" means service by a veteran during a period of service anywhere in a theatre or area of armed conflict as evidenced by award of an armed forces expeditionary medal or other campaign service medal.


6. "Resident" means a person who has filed a resident North Dakota income tax return for the year prior to May 3, 1993, and who: a. Was born in and lived in North Dakota until entrance into the armed forces of the United States; b. Was born in, but was temporarily living outside North Dakota, not having abandoned North Dakota residence at the time of entrance into the armed forces of the United States; c. Was born elsewhere but had resided in North Dakota for the last twelve months before entrance into military service and had prior to or during that twelve-month period: (1) Voted in North Dakota; (2) Was an emancipated minor during the period of residence or had lived 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; or d. Was a bona fide resident of North Dakota at the time of entering the armed forces, as determined under the rules of the adjutant general and the laws of this state. A person is not a resident of North Dakota for the purpose of receiving any benefits under this chapter if the person was on continuous active duty in the armed forces for a period of seven years or more, immediately prior to the qualifying period of service, and has not established actual abode in North Dakota prior to May 3, 1993.


7. "Theatre or area of armed conflict" means any area the president designated a combat zone by executive order for the Persian Gulf War or the Grenada, Lebanon, or Panama armed conflicts.


8. "Veteran" means a member of the regular active duty armed forces of the United States who performed honorable and faithful service at any time during a period of Page No. 1 service in the theatre or area of armed conflict, who was a resident of North Dakota, and who has not received a bonus or adjusted compensation from another state for the same period of service.