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Chapter: 1400 Technical Requirements Program: TCA 33 Verification of active duty military status includes:

1. a current Military Identification Card (DD Form 2) that lists an expiration date of more than one year from the date of determination. If the expiration date is less than one year, the individual will need to present a copy of current military orders, 2. verification through the nearest Real Time Automated Personnel Identification System (RAPIDS), or 3. contact with DEERS Support Office, Attention: Research and Analysis, 400 Gigling Road, Seaside, California 93955-6771, Fax (408) 655-8317.

Proof of honorable discharge:

The discharge certificate (DD Form 214) or its equivalent indicating a discharge “under Honorable conditions.”

If the individual is not in possession of their discharge certificate, the eligibility specialist should refer the individual to the local Veteran Administration Regional Office for a determination of the individual’s veteran status.

Note: If the individual’s discharge certificate indicates an original enlistment date in the Armed Forces prior to September 7, 1980, there is no minimum active duty service requirement.

An unmarried dependent child is defined as:

1. the biological or legally adopted dependent child of an honorably discharged veteran or an active duty member of the U.S. Armed Forces, 2. not married, and 3. under the age of 18 or under the age of 22 if a full-time student.

An un-remarried noncitizen surviving spouse may also be eligible when the:

1. veteran spouse was a Filipino described in Section 107 of Title 38, U.S. Code. (individuals who served in the Philippine Commonwealth Army during World War II or as a Philippine Scout following the war); or 2. spouse died while on active duty, provided the surviving spouse has not remarried and the marriage fulfills the requirements of Section 1304 of Title 38, U.S. Code.

Section 1304 defines marriage as having met one of the following conditions:

1. The surviving spouse was married to the veteran or active duty military personnel within 15 years after discharge in which the injury or disease leading to the death of the veteran or active duty personnel was incurred or aggravated (Not a factor if the individual died while on active duty) and was married for a period of at least one year. or 2. A child was born during the relationship between the individual and the veteran or active duty military personnel either during or before the marriage.

Note: These individuals are not subject to the five-year ban.