Section 121.10  Definitions

 

a)         "Active Service" − Excludes time lost for Absent Without Leave or Absent on Leave

 

b)         "Child or Children" − Includes all legitimate children and legally adopted children.

 

c)         "Brothers and Sisters" − In addition to its ordinary meaning, includes brothers and sisters of the "whole" blood as well as the "half" blood, having a common parent with the deceased veteran.

 

d)         "Conservator" − A protector, guardian or custodian.

 

e)         "Guardian" − A person legally placed in charge of a minor or someone incapable of managing his own affairs.

 

f)         "Loco Parentis" – The term loco parentis shall be limited to a person who stood in the position of a parent and shall not be a corporation or a trust.

 

g)         "Mental Incompetent" − A person found to be incompetent by a court of competent jurisdiction of any state or the District of Columbia or by an adjudication officer of the United States Department of Veterans Affairs.

 

h)         "Service-Connected Death" − A death incurred in the line of duty as determined by the branch of service and recognized by the United States Department of Veterans Affairs (see Section 21(c) of the Act; Ill. Rev. Stat. 1991, ch. 126½, par. 67b(c)).

 

i)          "Southwest Asia Service Medal" − The DD 214 or discharge will show under item "Decoration, Medals, Etc." the award of the Southwest Asia Service Medal.

 

j)          "Southwest Asia Area" − Between August 2, 1990 and the date determined:  the Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that portion of the Arabian, Oman, Bahrain, Qatar, and the United Arab Emirates, to include the airspace and territorial waters.  Between January 17, 1991 and the date determined:  Israel, Egypt, Turkey, Syria, and Jordan, to include air space and territorial waters.

 

(Source:  Expedited correction at 16 Ill. Reg. 10503, effective May 1, 1992)

 

Section 121.20  General Purpose

 

The intent and purpose of this Part is to outline procedures under which the Department will make payment of a $100 bonus to those persons who served in the Armed Forces of the United States during the time from August 2, 1990 through November 30, 1995 if the person was a resident of the State of Illinois for at least the 12 months immediately preceding entry into the Armed Forces.  The person must have been honorably separated or discharged from service, still be on active duty, have been retired, or have been furloughed to the reserve, and must have received the Southwest Asia Service Medal.  The bonus can also be paid to the survivors or beneficiaries of a deceased person who would have been entitled to such payment if living.

 

(Source:  Amended at 25 Ill. Reg. 4277, effective March 13, 2001)

 

Section 121.30  Responsibilities

 

The Department of Veterans' Affairs therefore has these responsibilities:

 

a)         To adopt general rules for making such payment;

 

b)         To ascertain the amount to which persons are entitled ($100);

 

c)         To ascertain and select the proper beneficiaries and the amount to which such beneficiaries are entitled; and

 

d)         To the best of its ability, to disburse the funds in accordance with the authority vested under Section 2b of the Department of Veterans Affairs Act (the Act).

 

Section 121.40  Eligibility

 

Every person who served on active duty with the Armed Forces of the United Stated on or after August 2, 1990 and prior to the defined ineligibility date for the Southwest Asia Service Medal shall be eligible to receive a Persian Gulf Conflict Bonus of $100.

 

Section 121.50  Application for Payment

 

Application for payment of the Persian Gulf Conflict Bonus must be made on the form furnished by the Illinois Department of Veterans' Affairs.

 

Section 121.60  Support of Application

 

Each application must be supported by a certified true copy or notarized photostatic copy of the DD 214, Report of Separation from Military Service, or such other documents showing separation from service in the Armed Forces or Armed Forces Certificate if still in service. All other supporting evidence must be certified true copies or notarized photostatic copies.

 

Section 121.70  Proof of Eligibility

 

Applicant must also show proof of the following:

 

a)         Residency within the State of Illinois for at least 12 months immediately preceding entry into service.

 

b)         Applicant is still on active duty, is honorably separated or discharged from service, has been furloughed to the reserve or has been retired.

 

c)         Applicant has received the Southwest Asia Service Medal.

 

Section 121.80  Service in the Merchant Marine

 

Service in the merchant marine is not service in the Armed Forces for purposes of this Part.

 

Section 121.90  Civilian Work

 

No payment may be made under this Part to any person who served in the Persian Gulf Conflict but who did civilian work at civilian pay or who has received from another state a bonus or compensation of like nature as provided in this Part.

 

Section 121.100  Service in the United States Public Health Service

 

Service in the U.S. Public Health Service when assigned to units of the Armed Forces will not be eligible for compensation.

 

Section 121.110  Honorable Separation

 

The DD 214 or Discharge must state "Honorable" or "Under Honorable Conditions". If an applicant received an honorable discharge for service during the Persian Gulf Conflict and is otherwise eligible, he or she may receive the compensation even though he or she re-enlisted immediately following his period of Southwest Asia service and later received a "Dishonorable" or "Less than Honorable" discharge.

 

Section 121.120  Continuous Service

 

If applicant has continued in service and has not received a document of separation from active duty served at any time on or after August 2, 1990 and prior to such time as Congress declares such persons ineligible for the Southwest Asia Service Medal, a certification signed by the Adjutant or Personnel Officer of the unit in which the applicant is presently serving must be furnished.  The certificate must state:

 

a)         The name of the applicant.

 

b)         That the applicant has served under honorable conditions for all periods of continuous active duty, from date of entry into active duty to the present, including service for which he was awarded the Southwest Asia Service Medal as recorded in his Service record.

 

Section 121.130  Beneficiary Payments

 

Payment of the sum of $1,000 will be made to the widow or widower, child or children, mother, father, or person standing in loco parentis, or brothers and sisters, in the order named, of any deceased person with a service-connected death who would have been entitled to receive a Persian Gulf Conflict Bonus under this Part if living.

 

Section 121.140  Proof of Death

 

The beneficiary making application for payment of compensation shall furnish the following proof:

 

a)         Widow or Widower making application must prove:

 

1)         Death of person rendering service (photostatic or certified copy of official notification of death should be attached); and

 

2)         Marriage of the parties, and that such marriage existed at the time of death of the person through whom the claim is being made.

 

b)         Child or children making application must prove:

 

1)         Death of person rendering service (see subsection (a)(1) above)

 

2)         Marriage of deceased and other parent of the child or children; and

 

3)         That veteran's legal spouse is now deceased or is divorced from the veteran (certified copy of death certificate or divorce decree shall be attached); and

 

4)         Child's birth certificate.

 

c)         Mother or Father making application must prove:

 

1)         Death of person rendering service (see subsection (a)(1) above);

 

2)         That such person was unmarried, or if married, that the spouse of such person is deceased or was divorced from the veteran (see subsection (b)(3) above);

 

3)         That if such person was married, no children survive (photostatic copy of death certificate(s) must be attached);

 

4)         If the father is the applicant, that the mother is deceased (photostatic copy of death certificate must be attached); and

 

5)         That the deceased upon whose service claim is made was the son or daughter of the claimant (photostatic copy of birth certificate).

 

d)         Person Standing In Loco Parentis must prove:

 

            That he or she stood in relation of parent toward the person rendering service and comply with subsections (c)(1) through (5) above.

 

e)         Brother or sister must prove:

 

1)         Those elements required by subsection (a)(1) and (c)(1) through (5) above;

 

2)         That both the mother and father of the person rendering service are dead, and that no one stood in loco parentis to the person through whom the claim is made (photostatic copies of death certificates will suffice to prove death; affidavits of responsible persons having knowledge of the facts will be sufficient to show that no one stood in loco parentis toward the deceased veteran); and

 

3)         That relationship of brother or sister existed between the applicant or applicants and person rendering service (affidavits of responsible persons shall accompany the application).

 

Section 121.150  Payment to Survivors

 

Payment of the sum of $1,000 will be made to the survivors, in the order named, listed in Section 121.120 provided the deceased upon whose service claim is made died as a result of service in the Armed Forces of the United States on or after August 2, 1990 and prior to such time as Congress declares such persons ineligible for the Southwest Asia Service medal and death was service-connected and such service-connected cause of death occurred in the Southwest Asia Area.

 

Section 121.160  Death of Serviceperson While in Service

 

If the death of the serviceperson occurred while in service, a certified copy of the letter from the Armed Forces to the next of kin must be submitted.

 

Section 121.170  Death From Service-Connected Disability

 

If death resulted from a service-connected disability incurred in the area for which a Southwest Asia Service Medal is awarded, a certified copy of the death certificate must be furnished.  In such case, the death of the veteran will be considered as having been due to service-connected disability when the evidence establishes that such disability was either the principal or contributory cause of death, and is recognized as such by the United States Department of Veterans Affairs.

 

Section 121.180  Contributory Causes of Death

 

a)         Evidence of contributory causes must be supported by:

 

1)         Statements from the United States Department of Veterans Affairs that such contributory causes have been so established and dependency and indemnity compensation awarded;

 

2)         Statements from physicians who have been aware of the nature and degree of the veteran's service-connected disabilities; and

 

3)         Statements from other persons who possess knowledge of this nature.

 

b)         Other service-connected disabilities will not be considered in determining eligibility for compensation under this Part.

 

Section 121.190  Evidence of Entitlement to Compensation

 

a)         Evidence of entitlement to payment of the compensation as a survivor of a person killed in the Southwest Asia Area must be established as required by Section 121.130.

 

b)         If a preceding beneficiary fails to file a claim for compensation after the official notice of death and after a two year period, the Illinois Department of Veterans' Affairs may process applications from succeeding beneficiaries and such beneficiaries may then qualify for payment upon submission of satisfactory proof of eligibility.

 

Section 121.200  Assignment of Right to Compensation

 

No right or claim to compensation under this Act shall be assigned and no payment shall be made to any person other than an approved applicant.

 

Section 121.210  Payment to an Eligible But Mentally Incompetent Person

 

In the event compensation is payable to a person who is eligible but mentally incompetent, the compensation shall be paid to the person who is recognized as his or her guardian, committee, curator or conservator by the laws of the state of residence of the incompetent, or otherwise legally vested with the care of the incompetent.

 

Section 121.220  Payment to Chief Officer of any Hospital or Institution

 

If no such committee, guardian, curator or conservator has been appointed, payment shall be made to the chief officer of any hospital or institution under the supervision or control of the United States Department of Veterans Affairs or under control of any state of the United States in which such incompetent is paid if such officer is authorized to accept money for the benefit of the incompetent.

 

Section 121.230  Disallowed Claims

 

All claims disallowed by the Department shall not hereafter be reviewed except upon application to the Appeal Board of the Department of Veterans' Affairs. Any claimant whose claim has been denied may request a review by such Board and submit additional evidence if he or she so desires within 60 days from the date of the disallowed claim.