Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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43 Pa. Code § 9.2. Definitions.

§ 9.2. Definitions.

 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.

Cross References

   This section cited in 43 Pa. Code §  9.3 (relating to veteran status).



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