Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule prescribes guidelines as required
by section
42.175,
42.200,
and
42.222,
RSMo, to administer the World War II Veterans' Recognition, Missouri World War
II "D-Day" Invasion of Europe, Korean Conflict and Vietnam War Medal Program.
These guidelines provide a framework for World War II, Korean Conflict and
Vietnam War veterans to apply for medal, medallion, and certificates in
recognition of their service to Missouri and our nation during the World War
II, Korean and Vietnam Wars.
(1) Definitions as used in this rule, unless
the context clearly indicates otherwise, the following terms shall mean:
(A) Adjutant General-As defined in Chapter
41, Revised Statutes of Missouri, section
41.160
and all amendments thereto;
(B)
Appropriate service records-Military records documenting the honorable service
of a veteran in the armed forces of the United States eligibility for awards
authorized under the Missouri World War II, Korean Conflict and Vietnam War
Recognition Program. A Department of Defense DD-214 or other document
acceptable to the Adjutant General;
(C) Active service-As defined in Title 10,
section 101 of the United States Code and all amendments
thereto;
(D) Consanguinity-Of the
closest blood relation;
(E)
Certificate-A document containing a certified statement as to the truth that
one has fulfilled the requirement for award or recognition;
(F) "D-Day" Invasion of Europe Veteran-
Members of the Army, Navy, Coast Guard, Army Air Corps, Marines, or Merchant
Marines who participated in the Battle of Normandy between June 6, 1944, and
September 30, 1944;
(G) Director
Missouri Veterans' Recognition Program-Person designated by the Adjutant
General to administer the Missouri Veterans' Recognition Program;
(H) Discharge-A certification of release from
military service or duty;
(I)
Eligible World War II veteran-Any person defined as a veteran by the United
States Department of Veterans Affairs, who honorably served on active duty in
the United States military service at anytime beginning December 7, 1941 and
ending December 31, 1946 provided-
1. That
such veteran is a legal resident of the state of Missouri or was a legal
resident of this state at the time he or she entered or was discharged from
military service or at the time of his or her death; and
2. Such veteran was honorably separated or
discharged from military service or is still in active service in honorable
status, or was legal resident of this state at the time of his or her
death;
(J) Eligible
Korean Conflict Veteran-Any person defined as a veteran by the United States
Department of Veterans Affairs, who honorably served on active duty in the
United States military service at anytime beginning June 27, 1950 and ending
January 31, 1955 provided-
1. That such
veteran is a legal resident of the state of Missouri or was a legal resident of
this state at the time he or she entered or was discharged from military
service or at the time of his or her death; and
2. Such veteran was honorably separated or
discharged from military service or is still in active service in honorable
status, or was a legal resident of this state at the time of his or her
death;
(K) Eligible
Vietnam War Veteran-Any person defined as a veteran by the United States
Department of Veterans Affairs, who honorably served on active duty in the
United States military service at anytime beginning February 28, 1961 and
ending May 7, 1975 provided-
1. That such
veteran is a legal resident of the state or was a legal resident of the state
of Missouri at the time he or she entered or was discharged from military
service or at the time of his or her death; and
2. Such veteran was honorably separated or
discharged from military service or is still in active service in honorable
status, or was in active service in honorable status at the time of his or her
death;
(L) Honorably
separated-The release from military service or duty under honorable
conditions;
(M) Honorable
status-Attesting to creditable conduct while serving on active duty in the
military;
(N) Intestate
survivor-The survivor of a veteran who has died without a will;
(O) Eldest living survivor-The eldest
survivor of a veteran connected by blood or affinity;
(P) Jubilee of Liberty Medal-A medal created
by the Regional Council of Normandy, France, in 1994 to commemorate the 50th
anniversary of the June 6, 1944, "DDay" invasion of Europe;
(Q) Korean Conflict-The United States led
United Nations forces to defend South Korea from North Korean invaders aided by
China and the former Soviet Union, beginning June 27, 1950 and ending January
31, 1955;
(R) Vietnam War-The war
beginning February 28, 1961 and ending May 7, 1975;
(S) Legal resident-A person (veteran) whose
official United States mailing address is within the boundaries of the state of
Missouri;
(T) Medal-A small object
usually metal in nature bearing an emblem or picture that is issued to
commemorate a person's participation in an event or is awarded for excellence
or achievement;
(U) Medallion-An
object or coin, usually round or oval in shape, resembling a medal;
(V) Replica-A close reproduction or facsimile
of the original;
(W) Spouse-Married
person, i.e.: husband, wife;
(X)
Veteran-Any person defined as a veteran by the United States Department of
Veterans' Affairs or its successor agency;
(Y) Veterans Commission-The commission
created by section
42.007,
RSMo;
(Z) World War II-The World
War beginning December 7, 1941, and ending December 31, 1946;
(AA) World War II, Korean Conflict and
Vietnam War Veterans' Recognition Award Funds-As defined in sections 42.195,
42.206
and
42.226,
RSMo, consisting of gifts, bequests, and donations to be administered by the
Adjutant General.
(2)
The Adjutant General is responsible for the administration of the Missouri
World War II Veterans' Recognition and the World War II "D-Day" Invasion of
Europe, Korean Conflict and Vietnam War Medal Programs and, subject to an
appropriation for this purpose, will distribute a medal, medallion, and
certificate to each qualified Missouri veteran.
(3) Design.
(A) The Veterans Commission is responsible
for the design of the form of the medallions, medals, and certificates and will
provide the approved designs to the Adjutant General for
distribution.
(B) The "D-Day" June
6, 1944, Invasion of Europe recognition medal is the "Jubilee of Liberty"
created by the Regional Council of Normandy, France, in 1994.
(4) To be eligible for the World
War II, Korean Conflict or Vietnam War Veterans' Recognition Awards, the
veteran must:
(A) Have served on active duty
in the United States military service at anytime beginning December 7, 1941,
and ending December 31, 1946 for the World War II award; June 27, 1950, and
ending January 31, 1955 for the Korean Conflict award; and February 28, 1961,
and ending May 7, 1975 for the Vietnam War;
(B) Be a legal resident of Missouri or was a
legal resident of this state at the time he or she entered or was discharged
from military service or was in active service in honorable status at the time
of his or her death;
(C) Be
honorably separated or discharged from military service or be currently in
active service in an honorable status; or
(D) Any veteran, spouse or eldest living
survivor of a veteran, who is entitled to a World War II and Korean Conflict
recognition award under this rule but who died prior to having made application
for the award and has not previously received the award, may apply.
(5) To be eligible for the
"Jubilee of Liberty" June 6, 1944, "D-Day" Invasion of Europe medal replica,
veterans must have served honorably on active duty and participated in the
Battle of Normandy between June 6, 1944, and September 30, 1944.
(6) World War II, "D-Day" Invasion of Europe,
Korean Conflict, and Vietnam War veterans, to obtain authorized medals,
medallions, and certificates, must complete an application form and provide
copies of appropriate military service record verification forms to the Office
of the Adjutant General, Attention: Director, Missouri Veterans' Recognition
Program, 2302 Militia Drive, Jefferson City, MO 65101-1203. World War II and
Jubilee of Liberty award applications must be submitted anytime after January
1, 2001. Korean Conflict Award applications must be submitted anytime after
January 1, 2004. Vietnam War Award applications must be submitted anytime after
January 1, 2007. Applications and service forms will not be returned and will
become property of the state of Missouri.
(7) Application forms may be obtained by
contacting the Office of the Adjutant General or contacting local Missouri
Veterans Commission offices. Forms will also be provided to Missouri veterans'
organizations upon request to the Director, Veterans' Recognition
Program.
(8) If any person dies
after applying for a medallion, medal and a certificate and such person would
have been entitled to the medallion, medal, and the certificate, the Adjutant
General shall award the medallion, medal, and the certificate in the following
order:
(A) To the spouse of the deceased
veteran or eldest living survivor; or
(B) The person to whom the largest portion of
the veteran's estate was given in such veteran's will; or
(C) If the estate was split evenly among two
(2) or more persons, the eldest living child or the closest relative by degree
of consanguinity, in that order, shall receive the medallion, medal, and the
certificate; or
(D) If there is no
will, the veteran's intestate survivor shall receive the medallion, medal, and
the certificate.
(9) The
distribution of specific state awards under this rule is subject to the
availability of and receipt of funding and the approval of a state
appropriation for that purpose. Upon receipt of funding and an approved
appropriation, awards will be distributed as expeditiously as possible.
Medallion, medal, and certificates shall be awarded until the supply of
medallions, medals, and certificates is exhausted. The Adjutant General shall
notify the general assembly when such supply totals less than one hundred
(100).
(10) Eligibility
Determination.
(A) If the Adjutant General
disallows any veteran's claim to a medallion, medal, and a certificate, a
statement of the reason for the disallowance shall be filed with the
application and a notice of ineligibility will be mailed to the applicant at
the applicant's last known address.
(B) The notice of ineligibility will include
information on the appeal process for applicants whose requests for awards are
denied. Denied applicants will have thirty (30) days from receipt of notices of
ineligibility to submit written appeals.
*Original authority: 42.175, RSMo 2000, amended 2002, 2003,
2005.
