Connecticut 2025 2025 Regular Session

Connecticut House Bill HB06748 Comm Sub / Bill

Filed 03/27/2025

                     
 
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General Assembly  Substitute Bill No. 6748  
January Session, 2025 
 
 
 
 
 
AN ACT CONCERNING THE RECORDING OF A MILITARY 
DISCHARGE CHARACTERIZATION UPON A STATE VETERANS 
REGISTRY AS "HONORABLE" AND MAKING A MINOR TECHNICAL 
REVISION TO A CERTAIN SUCH CHARACTERIZATION.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Subsection (d) of section 27-103 of the general statutes is 1 
repealed and the following is substituted in lieu thereof (Effective from 2 
passage): 3 
(d) (1) (A) Any veteran who receives an [other than honorable] other-4 
than-honorable discharge and who believes such discharge 5 
characterization was based on such veteran's sexual orientation, gender 6 
identity or gender expression, may file an application for state-based 7 
veterans benefits. Such veteran may include evidence supporting [his or 8 
her] such veteran's claim that such [discharge characterization] other-9 
than-honorable discharge was based on such veteran's sexual 10 
orientation, gender identity or gender expression. 11 
(B) Any veteran who receives an other-than-honorable discharge and 12 
who believes such discharge characterization was based on a qualifying 13 
condition may file an application to be recorded upon a state veterans 14 
registry as having a discharge characterization of "honorable". Such 15 
veteran may include evidence supporting such veteran's claim that such 16  Substitute Bill No. 6748 
 
 
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other-than-honorable discharge was based on a qualifying condition. 17 
(2) The commissioner shall promulgate a standardized application 18 
form enumerating the required documentation necessary for filing an 19 
application under this subsection and shall make such form available on 20 
the Department of Veterans Affairs' Internet web site along with 21 
instructions for filing the application. 22 
(3) The commissioner shall promulgate a standardized request for 23 
reconsideration form enumerating the required documentation 24 
necessary for filing a request for reconsideration pursuant to 25 
subdivision (5) of this subsection and shall make such form available on 26 
the Department of Veterans Affairs' Internet web site along with 27 
instructions for filing the request for reconsideration. 28 
(4) (A) The board shall review each application submitted pursuant 29 
to subparagraph (A) of subdivision (1) of this subsection and render a 30 
recommendation to the commissioner as to whether the veteran's sexual 31 
orientation, gender identity or gender expression was more likely than 32 
not the primary reason for an [other than honorable] other-than-33 
honorable discharge. The board shall review each such application not 34 
later than thirty days after receipt and render a written recommendation 35 
to the commissioner not later than thirty days after such review. The 36 
commissioner shall issue a written decision on such application not later 37 
than ten days after receipt of the board's recommendation, approving or 38 
denying the application. If the commissioner approves the application, 39 
such veteran shall be eligible for state-based veterans benefits. 40 
(B) The board shall review each application submitted pursuant to 41 
subparagraph (B) of subdivision (1) of this subsection and render a 42 
recommendation to the commissioner as to whether the veteran's other-43 
than-honorable discharge was based on a qualifying condition. The 44 
board shall review each such application not later than thirty days after 45 
receipt and render a written recommendation to the commissioner not 46 
later than thirty days after such review. The commissioner shall issue a 47 
written decision on such application not later than ten days after receipt 48  Substitute Bill No. 6748 
 
 
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of the board's recommendation, approving or denying the application. 49 
If the commissioner approves the application, such veteran shall be 50 
recorded upon a state veterans registry as having a discharge 51 
characterization of "honorable". 52 
(5) A veteran aggrieved by the commissioner's decision may file a 53 
request for reconsideration with the commissioner not later than fifteen 54 
days after receipt of the commissioner's decision. Such veteran may 55 
include supplemental documentation in support of the request for 56 
reconsideration. The commissioner shall provide due consideration to 57 
the request for reconsideration and render a decision not later than ten 58 
days after receipt of such request for reconsideration. The 59 
commissioner's decision shall be a final decision by the Department of 60 
Veterans Affairs and may be appealed to the Superior Court in 61 
accordance with the provisions of section 4-183. 62 
Sec. 2. Subsection (c) of section 14-20b of the general statutes is 63 
repealed and the following is substituted in lieu thereof (Effective from 64 
passage): 65 
(c) As used in this section, "eligible former reservist" means any 66 
person honorably discharged from, released under honorable 67 
conditions from or released with an [other than honorable] other-than-68 
honorable discharge based on a qualifying condition from, the United 69 
States Army Reserve, Army National Guard, Navy Reserve, Marine 70 
Corps Reserve, Coast Guard Reserve, Air Force Reserve or Air National 71 
Guard; and "veteran", "armed forces" and "qualifying condition" have 72 
the same meanings as provided in section 27-103, as amended by this 73 
act. 74 
Sec. 3. Subsection (g) of section 14-36h of the general statutes is 75 
repealed and the following is substituted in lieu thereof (Effective from 76 
passage): 77 
(g) As used in this section: (1) "Full legal name" means the most 78 
complete version of the name that appears on a person's certificate of 79 
birth, official passport or other document or documents accepted by the 80  Substitute Bill No. 6748 
 
 
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Commissioner of Motor Vehicles to verify the person's identity, unless 81 
the person presents a marriage license or certificate, a certificate of civil 82 
union, a divorce decree or an order of a court of competent jurisdiction 83 
pertaining to a permanent change of the person's name; (2) "veteran" has 84 
the same meaning as provided in section 27-103, as amended by this act, 85 
or any former member of the armed forces who is entitled to retirement 86 
pay under 10 USC Chapter 1223, as amended from time to time, or, but 87 
for age, would be so entitled; (3) "eligible former reservist" means any 88 
person honorably discharged from, released under honorable 89 
conditions from or released with an [other than honorable] other-than-90 
honorable discharge based on a qualifying condition from, the United 91 
States Army Reserve, Army National Guard, Navy Reserve, Marine 92 
Corps Reserve, Coast Guard Reserve, Air Force Reserve or Air National 93 
Guard; and (4) "armed forces" and "qualifying condition" have the same 94 
meanings as provided in section 27-103, as amended by this act. 95 
Sec. 4. Subsection (a) of section 27-103 of the general statutes is 96 
repealed and the following is substituted in lieu thereof (Effective from 97 
passage): 98 
(a) As used in the general statutes, except chapter 504, and except as 99 
otherwise provided: (1) "Armed forces" means the United States Army, 100 
Navy, Marine Corps, Coast Guard, Air Force and Space Force and any 101 
reserve component thereof, including the Connecticut National Guard 102 
performing duty as provided in Title 32 of the United States Code, as 103 
amended from time to time; (2) "veteran" means any person honorably 104 
discharged from, released under honorable conditions from or released 105 
with an [other than honorable] other-than-honorable discharge based 106 
on a qualifying condition from, active service in, the armed forces; (3) 107 
"service in time of war" means service of ninety or more cumulative days 108 
during a period of war unless separated from service earlier because of 109 
an injury incurred or aggravated in the line of duty or a service-110 
connected disability rated by the United States Department of Veterans 111 
Affairs, except that if the period of war lasted less than ninety days, 112 
"service in time of war" means service for the entire period of war unless 113 
separated because of any such injury or disability; (4) "period of war" 114  Substitute Bill No. 6748 
 
 
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has the same meaning as provided in 38 USC 101, as amended from time 115 
to time, except that the "Vietnam Era" means the period beginning on 116 
February 28, 1961, and ending on July 1, 1975, in all cases; and "period 117 
of war" shall include service while engaged in combat or a combat 118 
support role in Lebanon, July 1, 1958, to November 1, 1958, or September 119 
29, 1982, to March 30, 1984; Grenada, October 25, 1983, to December 15, 120 
1983; Operation Earnest Will, involving the escort of Kuwaiti oil tankers 121 
flying the United States flag in the Persian Gulf, July 24, 1987, to August 122 
1, 1990; Panama, December 20, 1989, to January 31, 1990; Afghanistan, 123 
October 24, 2001, to August 30, 2021; and Iraq, March 19, 2003, to 124 
December 31, 2011, or June 1, 2014, to December 9, 2021, and shall 125 
include service during such periods with the armed forces of any 126 
government associated with the United States; and (5) "qualifying 127 
condition" means (A) a diagnosis of post-traumatic stress disorder or 128 
traumatic brain injury made by an individual licensed to provide health 129 
care services at a United States Department of Veterans Affairs facility, 130 
(B) an experience of military sexual trauma, as described in 38 USC 131 
1720D, as amended from time to time, disclosed to an individual 132 
licensed to provide health care services at a United States Department 133 
of Veterans Affairs facility, or (C) a determination that sexual 134 
orientation, gender identity or gender expression was more likely than 135 
not the primary reason for an [other than honorable] other-than-136 
honorable discharge, as determined in accordance with subsections (c) 137 
and (d) of this section. 138 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 from passage 27-103(d) 
Sec. 2 from passage 14-20b(c) 
Sec. 3 from passage 14-36h(g) 
Sec. 4 from passage 27-103(a) 
 
Statement of Legislative Commissioners:   
The title was changed. 
  Substitute Bill No. 6748 
 
 
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VA Joint Favorable Subst.