HomeMy WebLinkAboutRCW 73.05.005 RCW 73.04.005
"Qualifying discharge"—Definition—Proof.
9.46.070, 28A.230.120, 28B.15.012, 286.15.621, 28B.102.020, 41.04.005, 41.04.007,
41.04.010, 41.06.133, 41.08.040, 41.12.040, 43.24.130, 43.70.270, 46.18.270, 46.18.2
80, 46.20.161, 72.36.030, 73.08.005, and 77.32.480:
(1) A "qualifying discharge" means:
(a) A discharge with an honorable characterization of service;
(b) A discharge with a general under honorable conditions characterization of
service;
(c) A discharge with an other than honorable characterization of service if the
applicant provides a letter, administrative decision, or other documentation from
the United States department of veterans affairs showing eligibility for or receipt of
monetary benefits, such as disability compensation or nonservice-connected
pension; or
(d) Any characterization of service if the reason for discharge was listed as
solely due to: (i) A person's sexual orientation, gender identity, or gender
expression; (ii) statements, consensual sexual conduct, or consensual acts relating
to sexual orientation, gender identity, or gender expression unless the statements,
conduct, or acts are or were prohibited by the uniform code of military justice on
grounds other than the person's sexual orientation, gender identity, or gender
expression; or (iii) the disclosure of statements, conduct, or acts relating to sexual
orientation, gender identity, or gender expression to military officials.
(2)(a) To prove a "qualifying discharge" under this section, an individual must
provide official documentation that shows the following to the agency
administering the sought benefit or protection:
(i) The individual's characterization of service; and
(ii) If an individual has a qualifying discharge under subsection (1)(d) of this
section, also the individual's reason for discharge or narrative reason for
separation.
(b) Proof may include, but is not limited to, a department of defense DD form
214, NGB form 22, or equivalent or successor official paperwork stating the
required information from a government agency. Copies of official documents are
acceptable as proof.
[ 2024 c 146 s 4.]
NOTES:Intent-2024 c 146: "The legislature intends to align the federal and state
definition of "veteran," expanding state veterans' benefits to any veteran who is
already eligible for federal department of veterans affairs monetary benefits. The
legislature further intends to create eligibility for state benefits for veterans who
were separated with less than honorable characterizations of service due solely to
sexual orientation, gender identity, or gender expression or actions or statements
related to sexual orientation, gender identity, or gender expression, regardless of
characterization of service." [ 2024 c 146 s 1.]
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RCW 41.04.007
"Veteran" defined for certain purposes—Service in certain capacities.
"Veteran" includes every person who, at the time he or she seeks the
benefits of RCW 46.18.212, 46.18.235, 72.36.030, 41.04.010, 73.04.090,
or 43.180.250, has received a qualifying discharge as defined in RCW 73.04.005, and
who has served in at least one of the following capacities:
(1) As a member in any branch of the armed forces of the United States,
including the national guard and armed forces reserves, and has fulfilled his or her
initial military service obligation;
(2) As a member of the women's air forces service pilots;
(3) As a member of the armed forces reserves, national guard, or coast
guard, and has been called into federal service by a presidential select reserve call
up for at least one hundred eighty cumulative days;
(4) As a civil service crewmember with service aboard a U.S. army transport
service or U.S. naval transportation service vessel in oceangoing service from
December 7, 1941, through December 31, 1946;
(5) As a member of the Philippine armed forces/scouts during the period of
armed conflict from December 7, 1941, through August 15, 1945; or
(6) A United States documented merchant mariner with service aboard an
oceangoing vessel operated by the department of defense, or its agents, from both
June 25, 1950, through July 27, 1953, in Korean territorial waters and from August 5,
1964, through May 7, 1975, in Vietnam territorial waters, and who received a
military commendation.
[ 2024 c 146 s 3; 2017 c 97 s 1; 2013 c 42 s 1; 2010 c 161 s1105; 2007c448s
1; 2006 c 252 s 2. Prior: 2005 c 251 s 1; 2005 c 216 s 7; 2002 c 292 s 2.]
NOTES:
Intent-2024 c 146: See note following RCW 73.04.005.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of
2010 and other amendments made during the 2010 legislative session-2010 c
161: See notes following RCW 46.04.013.
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