LCO 1 of 6 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 Subsection (d) of section 27-103 of the general statutes is 1 repealed and the following is substituted in lieu thereof (Effective from 2 passage): 3 (d) (1) (A) Any veteran who receives an [other than honorable] other-4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 LCO 2 of 6 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 LCO 3 of 6 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 LCO 4 of 6 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 LCO 5 of 6 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 LCO 6 of 6 VA Joint Favorable Subst.