# Title 37 — Military

## Chapter 37-26 — Operation Desert Shield and Desert Storm Veterans' Compensation

### § 37-26-01. Definitions.

As used in this chapter:
1. "Adjutant general" means the adjutant general of North Dakota.
2. "Beneficiary" in relation to a deceased veteran, means, in the order named:
a. The surviving unremarried husband or wife as of the date of signing the
application;
b. The surviving child or children and the lawful issue of a deceased child or children
by right of representation;
c. The surviving person standing in loco parentis; or
d. The surviving parent or parents.
3. "Domestic service" means service by a veteran during the period of service which is
not foreign service.
4. "Foreign service" means service by a veteran during the period of service anywhere in
the Persian Gulf theatre.
5. "Honorable and faithful" means service evidenced by:
a. An honorable discharge, or its equivalent;
b. In the case of an officer, a certificate of service; and
c. In the case of a veteran who has not been discharged, a certificate from the
appropriate service authority that the veteran's service was honorable and
faithful.
6. "Period of service" means the period of time beginning August 2, 1990, and ending
June 30, 1993.
7. "Resident" means a person who:
a. Was born in and lived in the state of North Dakota until entrance into the armed
forces of the United States;
b. Was born in, but was temporarily living outside the state of North Dakota, not
having abandoned North Dakota residence at the time of entrance into the armed
forces of the United States; or
c. Was born elsewhere but had resided within the state of North Dakota for the last
six months before entrance into military service and had prior to or during that
six-month period:
(1) Voted in the state of North Dakota;
(2) Was an emancipated minor during such period of residence or had lived
with a parent or person standing in loco parentis who was a resident; or
(3) Was not registered for voting in another state after being a resident.
d. "Resident" also means a veteran who was a bona fide resident of the state of
North Dakota at the time of entering the armed forces, as determined under the
rules of the adjutant general and the laws of this state. A person is not a resident
of North Dakota for the purpose of receiving any benefits under this chapter if the
person was on continuous active duty in the armed forces, immediately prior to
August 2, 1990, and has not established actual abode in North Dakota prior to
April 18, 1991.
8. "Veteran" means a member of the national guard or reserve component who was
activated under 10 U.S.C. 12301, in effect on December 31, 2004, or 10 U.S.C. 12302,
in effect on December 31, 2011, and who completed honorable and faithful service of
more than thirty days on active duty in the armed forces of the United States at any
time during the period of service, who was a resident of the state of North Dakota, and
who has not received bonus or adjusted compensation from another state for the
period of service.
### § 37-26-02. Payment of adjusted compensation for domestic and foreign service.

Each veteran is entitled to fifty dollars for each month or major fraction thereof for domestic
service and one hundred dollars for each month or major fraction thereof for foreign service. If

the veteran received a purple heart for foreign service, the veteran is entitled to a payment of
two thousand five hundred dollars in lieu of monthly payments for adjusted compensation. If the
veteran is deceased, the veteran's beneficiary is entitled to any payments under this chapter to
which the veteran would have been entitled. Applications for adjusted compensation may be
filed with the adjutant general after April 1, 1991, but not later than six months after the end of
the period of service.
### § 37-26-03. Payment to beneficiary of veteran who died in active service.

In the case of a veteran who died as a result of active service during the period of service,
the beneficiary of such veteran is entitled to a payment of two thousand five hundred dollars in
lieu of any other compensation under this chapter.
### § 37-26-04. Application.

Each veteran or veteran's beneficiary entitled to payment under this chapter shall make
application to the adjutant general of the state of North Dakota upon a form prescribed by the
adjutant general. If the veteran is incompetent or the veteran's beneficiary is incompetent or a
minor, application may be made by the guardian of the veteran or beneficiary, and if there is no
guardian, the person determined by the adjutant general to have assumed the major
responsibility for the care of the veteran or beneficiary and to be a proper person to receive
payment for the veteran or beneficiary may make the application. If a veteran is hospitalized in a
state, county, or federal institution and no application has otherwise been approved by the
adjutant general, the person in charge of such institution may make the application with the
approval of the adjutant general. For the purpose of this section, the word "minor" does not
include the unremarried spouse of a veteran. Each application must be accompanied by a
certified copy of honorable discharge or other evidence of honorable and faithful service. Each
application must be subscribed and sworn to by the applicant in such manner as may be
prescribed by the adjutant general. The adjutant general shall provide by rule for an
endorsement of the evidence of honorable and faithful service if application for payment has
been made.
### § 37-26-05. Method of payment - Deduction of sums due veterans' aid fund.

Upon submission of satisfactory proof that the applicant is entitled to payment under this
chapter, the adjutant general shall compute the amount of payment due the applicant, make a
record thereof, and forward a voucher for the payment to the office of management and budget,
which shall cause the warrant-check to be issued for the amount of the claim. Payment must be
made from funds appropriated by the legislative assembly. If the veteran or the applicant for
payment under this chapter is indebted to the veterans' aid fund of the state of North Dakota,
the adjutant general shall determine the amount of such indebtedness and certify such
determination to the office of management and budget together with the record of payment due.
Within the limits of the payment due, the amount of such indebtedness must be paid to the
veterans' aid fund and the applicant must be paid any remainder to which the veteran is entitled.
### § 37-26-06. Payments exempt from taxation and from execution - Assignments void -

Debts to state and political subdivisions not deducted.
Payments under this chapter are exempt from all state and local taxes and from levy,
garnishment, attachment, and sale on execution. Any pledge, mortgage, sale, assignment, or
transfer of any right, claim, or interest in any claim or payment under this chapter is void and
payment to the veteran may not be denied because of any sums owed to the state or any
political subdivisions, except as provided in section 37-26-05.
### § 37-26-07. Duty of adjutant general - Finality of decisions - Questions of residence

subject to court review.
The adjutant general shall administer this chapter. The adjutant general shall prepare and
distribute application blanks and investigate all claims and applications filed. If the adjutant
general is satisfied of the proof of a claim and application, the adjutant general shall approve

and direct payment of the claim. The adjutant general may adopt any rules necessary to the
efficient administration of this chapter. The necessary books, papers, records, cases, and
equipment used in the administration of this chapter shall become a part of the permanent
records of the office of the adjutant general. The adjutant general may determine any claim in
any case if doubt arises as to the eligibility of an applicant to receive payment and the decision
of the adjutant general in such case is final, except on questions of residence which are subject
to review by a court of competent jurisdiction. The adjutant general shall authorize payment for
prisoners of war upon their release and return.
### § 37-26-08. Penalty for false statement.

Any person who willfully makes a false statement in the application for benefits under this
chapter is guilty of a class A misdemeanor.
