Section 16: Veterans equality review board; state-based veteran benefits for veterans that received an other than honorable discharge under Don't Ask, Don't Tell or similar policy
[Text of section added by 2022, 126, Sec. 53. See 2022, 126, Sec. 197. See also, Section 16 added by 2022, 154, Sec. 18, below.]
Section 16. (a) There shall be a veterans equality review board to ensure veterans that received an other than honorable discharge under 10 U.S.C. 654, also known as the Don't Ask, Don't Tell policy, or any other policy, on the basis of sexual orientation, gender identity or gender expression, receive state-based veteran benefits. The board shall consist of: 3 members appointed by the secretary of veterans' services, 1 of whom shall represent the interests of the LGBTQ veteran community; and 2 members appointed by the governor. All members shall, by education or experience, be knowledgeable of veterans benefits and programs and have demonstrated interest in veteran affairs. A majority of the members shall be veterans. Members shall serve for 5 years. The members shall vote to select a chair. If a vacancy occurs, it shall be filled for the balance of the unexpired term in the same manner as the original appointment. A majority of the appointed and serving members of the board shall constitute a quorum of the board for the transaction of business. An action of the board shall be approved by a majority vote of the members present at a meeting where a quorum is present. The members of the board shall serve without compensation.
(b) The board shall meet as often as deemed necessary by the chair based on the number of applications pending before the board. The board shall review each application submitted under this section and render a recommendation to the secretary of veterans' services as to whether the veteran's sexual orientation, gender identity or gender expression was more likely than not the primary basis for the veteran receiving an other than honorable discharge. The board shall complete review of each application not later than 30 days after receipt and render a written recommendation to the secretary not later than 30 days after completion of such review.
(c) A veteran who received an other than honorable discharge and who believes such discharge characterization was based on the veteran's sexual orientation, gender identity or gender expression may file an application for state-based veteran benefits. The applicant may include evidence supporting the applicant's claim that such other than honorable discharge characterization was based on the veteran's sexual orientation, gender identity or gender expression.
(d) The department of veterans' services shall create a standardized application form enumerating the required documentation necessary for filing an application under this section and shall make such form available on the department of veterans' services website along with filing instructions.
(e) The secretary shall issue a written decision not later than 10 days after receipt of the board's recommendation, approving or denying the application. If the secretary approves the application, the veteran shall be eligible for state-based veteran benefits. If the secretary denies the application, the veteran may file a request for reconsideration, including additional documentation for the application, not later than 30 days after receipt of the secretary's decision.
(g) The department, board of registration in medicine and board of registration in pharmacy shall independently adopt regulations to implement this section.
[Text of section added by 2022, 154, Sec. 18. See also, Section 16 added by 2022, 126, Sec. 53, above.]
Section 16. (a) The commissioner, in consultation with the commissioner of public health and the adjutant general of the Massachusetts national guard, shall contact all members of the Massachusetts national guard and all known veterans and members of the United States armed forces residing in the commonwealth who may be eligible to participate in the United States Department of Veterans Affairs' Airborne Hazards and Open Burn Pit Registry, including, but not limited, those who may have served in: (i) Operation Enduring Freedom, Operation Iraqi Freedom or Operation New Dawn; (ii) Djibouti, Africa on or after September 11, 2001; (iii) Afghanistan on or after September 11, 2001; (iv) Operation Desert Shield or Operation Desert Storm; or (v) in the Southwest Asia theater of operations on or after August 2, 1990. Veterans or service members contacted shall be encouraged to join the United States Department of Veterans Affairs' Airborne Hazards and Open Burn Pit Registry and shall be provided with contact information for the United States Department of Veterans Affairs' Airborne Hazards and Open Burn Pit Registry and a copy of the informational pamphlet created by the commissioner of public health pursuant to subsection (b) of section 244 of chapter 111.
(b) The commissioner shall create a database of self-identifying service members and veterans who have been exposed to open burn pits or other airborne hazards, which shall include the name, address, electronic address, phone number, location and period of service and other information as deemed necessary. Such information shall be used only for the purposes of communicating information about exposure to toxic airborne chemicals and fumes caused by open burn pits or other airborne hazards to service members and veterans. The database, materials or other information shall be confidential and privileged, shall not be subject to chapter 66, or clause Twenty-sixth of section 7 of chapter 4 and shall not be subject to subpoena, discovery or introduction into evidence in any private civil action.