My
military documents state I have an “honorable separation” as opposed to an “honorable discharge”.
Can I still qualify for Hazlewood Act benefits?
Yes. In September 1996, the Texas Attorney General issued an opinion that military personnel honorably
separated after being on active duty may qualify for the Hazlewood Act exemption if they meet other program requirements.
Length of active military duty
Is the required amount of active service still 181 days? Are there any exceptions?
The requirement
is “more than 180 days” of active military service, excluding training, for the veteran. There are exceptions:
veterans who completed all of their duty prior to the conclusion of the Korean War. If the applicant is the dependent child
of a veteran who died in the line of duty, the active duty time of the veteran may be fewer than 181 days.
If a veteran served less than 181 days of active duty service when he/she entered the service as a Texas
resident, but had previously participated in active duty in the armed forces, could periods of service be combined to meet
the 181-day requirement?
Yes.
The law requires more than 180 days of active duty excluding training. It does not indicate this duty time has to fall in
the period of service after entering as a Texas resident.
Military Duty Issues
Can service in the Texas National Guard Qualify an individual for Hazlewood Act benefits?
No. The Hazlewood Act benefit is for veterans who served in the armed forces of the United States. The
National Guard is a state unit. However, and individual in the National Guard who is called into active
duty service by a branch of the United States Armed Forces who serves at least 181 days (excluding training) and meets all
other program requirements may qualify for Hazlewood Act benefits.
Can men/women who served in Operation Desert Storm qualify for Hazlewood Act benefits?
Yes, as long as they meet all of the program requirements, including 181 days of active military duty,
excluding training.
Residency
of Veteran
Can
a veteran whose place of entry is in another state qualify for Hazlewood Act benefits if he/she was a Texas resident at the
time of entry?
Yes.
The veteran must prove to the institution that he/she was a resident of Texas at the time of entry into military service.
Does an individual
have to be a U.S. citizen when he/she enters service in order to receive Hazlewood Act benefits?
No. Effective with tuition and fee payments for spring 2008, U. S. citizenship is no longer a requirement.
However, the veteran must be classified as a residency by the institution for the term or semester for which the veteran applies
for the Hazlewood Act Exemption.