Disabled
Veterans
Disabled Veterans, National Guard or Reserve Forces
Pearl
Harbor Survivors
Recipients of
the Medal of Honor or Purple Hear Medal and Former Prisoners of War
Retired
Military
Veterans Commemorative
Tag Program
OTHER STATE BENEFITS
Armed Forces Voter Registration and Absentee Voting
Bonus for Southeast Asian War Prisoners
Business and Occupation License Exemptions for Disabled
Veterans
Business and Occupation License Exemptions for
Veterans of WW II
Commitment of Incompetent Veterans
Executive, Attestation and Acknowledgment Certification
Exemption of Debts Incurred Pursuant to National
Housing Act or Veteran's Benefit
Fiduciaries in War Service
Fishing License
Forfeiture of Franchise
Guardianship for Veterans and Minor
Dependents
Hunting License
Job Status and Reemployment Rights
Membership in State Employees'/Teachers' Retirement System
Military Combat
Pay Income Tax Exemption
Military Leave of Absence
Military Retiree Income Tax Exemption
Notice
of Armed Forces Death
Official
Report of Persons Missing, Etc
Peace
Officers' Credit for Military Service
Preference
in State Classification Employment
Public Records
Recording
of Discharges
Unemployment
Compensation
Validation of
Marriage of Divorced Persons
Wills
VETERANS'
AND DEPENDENTS' EDUCATIONAL BENEFITS
Alabama G. I. Dependents' Scholarship Program
Disabled American Veterans'
Scholarship Program
STATE LAWS
AFFECTING ALABAMA VETERANS
Act No.
1945-173, approved on June 23, 1945, created the State of Alabama Department of
Veterans Affairs (ADVA), to function under a State Board of Veterans Affairs.
Operation of the Department began officially on October 1, 1945, as provided in
the Act. (Ala. Code §§
31-5-1, et
seq.
(1975))
The State Board of Veterans
Affairs (SBVA) currently consists of the Governor, as Chairman, and
representatives from veterans’ organizations in Alabama, namely: The American
Legion, Veterans of Foreign Wars, Disabled American Veterans, AMVETS, American
Ex-Prisoners of War, Inc., Vietnam Veterans of America, Military Order of the
Purple Heart, Military Officers Association of America, and the Marine Corps
League.
Personnel of the Department
consist of a State Service Commissioner; Assistant State Service Commissioners
as the State Board deems necessary; County Veterans’ Service Officers (VSOs) who
provide service to residents of all 67 counties of Alabama; Claims
Representatives; and administrative employees.
The ADVA, acting through the
State Service Commissioner, is the designated agency of the State of Alabama to
represent the State and its veterans before the U. S. Department of Veterans
Affairs (USDVA) or any other agency dealing with the interest of veterans.
It is the duty and purpose of
the ADVA to fully develop and maintain a comprehensive statewide veterans’
assistance program; to assist the veteran and his/her dependents in all of their
problems and to inform them of their rights and entitlements under current law.
It is the duty of the Commissioner to cooperate with all other departments of
the State of Alabama in coordinating plans and programs of state agencies which
affect veterans and their dependents. The ADVA through its Commissioner,
provides a central point of contact between federal agencies dealing with the
problems of veterans.
It is the duty of the State
Service Commissioner, Assistant State Service Commissioners and County VSOs to
inform members of the Armed Forces, veterans and their dependents of all
federal, state and local laws enacted for their benefit. To aid all residents
of the State of Alabama who served in the Armed Forces of the United States,
their relatives, beneficiaries and dependents to receive from the United States
and the State of Alabama any and all compensation, pension, hospitalization,
insurance, educational, employment pay and gratuity, loan guarantee or any other
aid or benefit to which they may be entitled under current laws or laws to be
enacted. Veterans in Alabama have the advantage of being in the position to
personally contact and receive service from the VSO near the veterans’ home.
There is no charge to any
individual for any service performed by the Alabama Department of Veterans
Affairs.
ALABAMA
VETERANS DEFINED
The
term “veteran” as used within this document shall be defined as any
person, male or female, who served on active duty, whether commissioned,
enlisted, inducted, appointed or mustered into the military or naval service of
the United States during any war in which the United States has been engaged,
and who shall have been discharged or released from such services under
conditions other than dishonorable.
(Ala.
Code § 31-5-1 (1975))
AD VALOREM
TAX EXEMPTIONS
HOMES OF
TOTALLY DISABLED PERSONS OR THOSE OVER THE AGE OF 65
Exemption is
provided from ad valorem taxation of the home and an adjacent 160 acres of any
person who is totally disabled or who is 65 years of age or older having a net
annual income of $7,500.00 or less for income tax purposes for the last
preceding year. (Ala. Code §§
40-9-21 & 40-9-19 (a))
HOMES OF VETERANS/WIDOWS
ACQUIRED
UNDER PUBLIC LAW 702
The home of any veteran which is or was acquired by him/her pursuant to the
provisions of Public Law 702, 80th Congress (specially adapted housing grant) as
amended by (38 U.S.C. § 701 and Chapter 12), regardless of its value, shall be
exempt, as long as the same is owned and occupied as a home by the veteran or
his/her un-remarried widow/er. (Ala. Code
§ 40-9-20)
MOTOR VEHICLE PAID FOR BY VA GRANT
Any disabled veteran of WWII or of any hostilities in which the United States
was, is or shall be engaged against any foreign state, who owns an automobile
which has been, is or shall hereafter be all or partly paid for with funds
furnished for such purposes by the USDVA, under the authority of any act of the
Congress of the United States, is entitled to exemptions from all license fees
and ad valorem taxes on such motor vehicle provided the veteran keeps the
vehicle only for private use. (Ala. Code
§ 40-12-254)
VETERANS
ORGANIZATIONS
All property owned by the American Legion, Veterans of Foreign Wars, or the
Disabled American Veterans, or any post thereof, is exempt from ad valorem
taxation; provided, that such property is used and occupied exclusively by the
organization. (Ala. Code §
40-9-1(4))
DISTINCTIVE/COMMEMORATIVE
VEHICLE TAG PROGRAM
DISABLED VETERANS
(Greater than 50% Service Connected Disability Rating)
Any resident veteran
who suffers from a physical disability which requires that any motor vehicle he
or she operates be equipped with special mechanical control devices or whose
physical disability exceeds 50% or more, may be issued license plates for
private or pleasure motor vehicles. Payment for this tag is $5.00, unless
otherwise exempted by law. The fee shall be in lieu of the regular license fee
now required for motor vehicles and shall be used to defray the cost of issuing
the distinctive license plates. The plates shall not be transferable.
If the veteran
qualifies under § 40-12-254, he/she is limited to one (1) license plate. If the
veteran qualifies under § 32-6-130, there is no limit on the number of plates
issued. (Ala.
Code §§ 32-6-130 &
40-12-254)
DISABLED VETERANS
(10% or Higher Service
Connected Disability Rating)
Service-connected disabled veterans rated at 10% or
higher who are residents of Alabama at the time the exemption is claimed, shall
be exempt from the payment of the privilege or license tax and registration fee
now and hereinafter to be levied on automobiles and motor vehicles by the State
of Alabama.
The plates shall not be
transferable.
Veterans rated
as less than 50% service-connected disabled are limited to one exemption and one
license plate. (Ala. Code
§§ 40-12-244 &
40-12-254)
NATIONAL GUARD OR RESERVES FORCES EXEMPTION
Any active or
retired member of the Alabama National Guard or any resident of Alabama at the
time of entering the United States Armed Forces Reserve organization who are
still residents of Alabama at the time the exemption is claimed, shall be exempt
from the payment of the privilege or license tax and registration fee now and
hereinafter to be levied on one automobile or motor vehicle by the State of
Alabama. For active members, this exemption extends only the distinctive
National Guard or service connected disabled veterans’ license plate. For
retired members, the exemption extends only to the distinctive National Guard
license plate. (Ala. Code §
40-12-244)
PEARL
HARBOR SURVIVORS
Any person who
was a member of the United States Armed Forces on December 7, 1941, was on
station or offshore at a distance not to exceed three miles, during the attack
on the Island of Oahu, Territory of Hawaii, and received an honorable discharge
from the United States Armed Forces may be issued a distinctive motor vehicle
license tag identifying said persons as a Pearl Harbor Survivor upon the payment
of the regular fee and the additional payment of $3.00 for each plate issued.
License plate can be personalized for an additional annual $50 fee. (Ala.
Code §§ 32-6-310,
32-6-350.1, &
32-6-231.1)
RECIPIENTS OF THE MEDAL OF HONOR OR PURPLE HEART
MEDAL AND FORMER PRISONERS OF WAR
A
distinctive permanent license plate for use on a private motor vehicle
registered in the recipient's name, shall be issued to any resident of the state
who is a recipient of the Medal of Honor; the Purple Heart Medal; a duly
recognized American prisoner of war (military or civilian); or who is an
American who was a duly recognized prisoner of war (military or civilian) while
serving with a formal American ally force.
Medal of Honor -
The registrant is exempt from registration fees and ad valorem
taxes for the first plate. All applicable registration fees and ad valorem
taxes must be remitted for any additional plates obtained.
Purple Heart Medal
-
The registrant
is exempt from registration fees (but not ad valorem taxes) for the first
plate. All applicable registration fees and ad valorem taxes must be remitted
for any additional plates obtained.
Prisoner of War
- The registrant is exempt from registration fees and ad valorem taxes for the
first plate. All applicable registration fees and ad valorem taxes must be
remitted for any additional plates obtained.
The recipient of
the Medal of Honor, Purple Heart Medal, and Prisoner of War license plates may
keep the tag for life and does not need to re-register each year. Upon the
veteran’s death, the surviving spouse shall be entitled to retain the tag, at no
fee or tax. Exception: the surviving spouse of Purple Heart Medal
recipients shall pay ad valorem taxes due for one private motor vehicle owned by
the surviving spouse for the remainder of the said spouse's lifetime or until
remarriage. (Ala. Code §§
32-6-250 & 254)
RETIRED MILITARY
Those persons who are non-disability retirees from active duty in the Army,
Navy, Marine Corps, Air Force or Coast Guard of the United States may be issued
distinctive motor vehicle tags identifying these persons with such retirement.
Retirees are entitled to a distinctive tag for each vehicle registered in their
name and must pay regular license fee and the additional payment of $3.00 for
each tag issued. These plates are transferable to a surviving spouse for
lifetime or until remarriage. (Ala. Code
§§ 32-6-290- 93)
VETERAN COMMEMORATIVE
TAG PROGRAMS
In
accordance with Ala. Code §
32-6-350, the ADVA is the certifying official for the following commemorative
license plates: WWII, Battle of the Bulge, Korean War, Vietnam Veteran, Desert
Shield/Desert Storm, Atomic Nuked, Operation Iraqi Freedom, and Operation
Enduring Freedom.
Specific
eligibility criteria for these individual license plates may or may not require
the applicant to have served in a specific country/location to qualify for
issuance. To make application or to determine eligibility for a specific
commemorative license plate, contact your nearest county VSO for assistance.
Please note that under no circumstances can a second party such as a family
member make application for a distinctive or commemorative license plate on
behalf of the veteran.
Registrants for each of the above Commemorative
License Plates shall pay an annual fee of $3.00 plus
the normal tag and issuance fee and ad valorem taxes. This plate can also be
personalized for an annual fee of $50.00. Exception:
The registrant for the
Vietnam Veteran License Plate shall pay a $6.00 fee when the initial
metal plate is issued and a $3.00 fee each time the vehicle registration is
renewed. (Ala. Code §§
32-6-231.1 & 32-6-350(b))
Military Branch Service License Plates –
All residents of Alabama who are active, retired, or
honorably discharged veterans of the United States Air Force, Army, Navy, Coast
Guard, Marine Corps, and Merchant Marines may be issued distinctive motor
vehicle tags by presenting the local tag official with the
following; Military ID;
or Leave and Earnings Statement; or DD214 reflecting the appropriate branch of
service.
Registrants for the Military Branch License Plates
shall pay an annual fee of $3.00 plus the normal tag and issuance fee and ad
valorem taxes. Exception: Retired and
honorably
discharged members of the US Marines Corps applying for the Marine Corps
License Plate shall pay an additional $25.00 each time the
vehicle registration is renewed. Active duty Marine Corps service members shall
pay an additional $3.00 each time the vehicle registration is renewed. These
license plates cannot be personalized. (Ala.
Code §§ 32-6-640(d) & (f))
OTHER STATE BENEFITS
ARMED FORCES VOTER REGISTRATION
AND ABSENTEE VOTING
Members of the
Armed Forces of the United States and their dependents may register and receive
an absentee ballot for voting in the county of their Alabama permanent address
by completing the Federal Post Card Application form (FPCA, Standard Form 76).
This form may be obtained from the military unit's voting officer. The
completed form should be mailed to the Board of Registrars in the county of
his/her Alabama permanent address. (See also
Ala. Code §§ 17-11-3(a)(5) & (b); 17-11-4).
[Act No. 2011-619
provides for the opportunity for overseas absentee voting in certain
circumstances. Contact the Office of the Alabama Secretary of State for more
information at 334.242.7200 or visit their website at www.sos.alabama.gov.
BUSINESS AND
OCCUPATIONAL LICENSE EXEMPTIONS FOR DISABLED VETERANS
Any bona fide
permanent resident of Alabama who is a veteran of WWII or at any time past,
present or future, when the United States was, is or shall be engaged in
hostilities with any foreign state and who has physical disabilities of 25% or
more whether service-connected or not, may be exempt from business or
occupational license taxes. A veteran who conducts his/her business as a means
of livelihood through his/her personal efforts and has no more than one employee
shall be entitled to licenses from the state/county/municipality to carry on
such business upon the payment of license taxes that shall not exceed $25.00.
However, a veteran whose property (both real and personal) is valued at
$5,000.00 or more or whose net income is $2,500.00 or more is not entitled to
these business and occupational license exemptions. (Ala.
Code §§ 40-12-340-352)
STATE VETERANS CEMETERY
The ADVA is in
the development stages for the state’s first veterans’ cemetery, Alabama State
Veterans’ Memorial Cemetery at Spanish Fort. Interments may begin in 2013. For
more information, please contact your local county VSO (Ala.
Code § 31-5-3(d))
COMMITMENT
OF INCOMPETENT VETERAN
Whenever it
appears that an incompetent veteran of any war, military occupation or
expedition is eligible for treatment in a U.S. Department of Veterans Affairs
Medical Center (VAMC) and commitment to such facility is necessary for the
proper care and treatment of such veteran, the courts of this state are hereby
authorized to communicate with the administration with reference to available
facilities and eligibility and, upon receipt of a certificate from the
administration stating that there are facilities available in a VAMC, is
entitled to hospitalization therein, the court may then direct such veteran's
commitment to such hospital. Notice of such pending proceedings shall be
furnished the person so committed, and his/her right to appear and defend shall
not be denied. (Ala. Code §
26-9-13)
EXECUTIVE, ATTESTATION AND ACKNOWLEDGMENT
CERTIFICATION
Acknowledgments,
proofs of conveyance and affidavits may be taken by certain government, state or
municipal officials or by any commissioned officer of any of the Armed Forces of
the United States, within or outside the limits of the United States. When such
acknowledgment is taken by the latter, the official seal of the officer before
whom it is acknowledged shall have the same effect as an acknowledgment in the
manner and form preserved by the laws of this state for instruments executed in
this state. (Ala. Code §§
35-4-26(a) & (b))
EXEMPTION OF DEBTS INCURRED PURSUANT
TO NATIONAL HOUSING ACT OR VETERANS' BENEFITS
All debts or
extensions of credit incurred pursuant to any provision of the act of Congress
known as the National Housing Act, as the same now exists or may hereafter be
amended or supplemented, and all debts or extensions of credit incurred pursuant
to any act of Congress relating to veterans' benefits, as the same now exists or
may hereafter be amended or supplemented, are exempt from any law of this state
relating to usury or prescribing or limiting interest rates. (Ala.
Code § 8-8-6(a))
FIDUCIARIES
IN WAR SERVICE
Any fiduciary
engaged in wartime service may be removed from his/her office as such upon
petition filed in the proper court having jurisdiction and again serve as such
fiduciary at any time after the termination of his/her wartime service upon
petition of the court. (Ala. Code
§§ 19-2-2-3)
DISABLED MILITARY VETERAN'S APPRECIATION FRESHWATER FISHING LICENSE
Alabama law
allows a discounted fishing license for an Alabama resident to fish the
freshwaters of Alabama. The veteran must be certified by the USDVA to be 20% or
more disabled. The veteran is required to present certification of the
disability from the USDVA. The discounted license can be issued at an Alabama
Wildlife and Freshwater Fisheries District Office, Probate Office, or License
Commissioner’s Office. (Ala. Code §
9-11-54) NOTE: Alabama law does not provide for a discounted hunting
license.
GUARDIANSHIP
FOR VETERANS AND MINOR DEPENDENTS
The Uniform
Veterans' Guardianship Act provides for the appointment of a guardian for
veterans and their minor dependents who are mentally or physically
incapacitated. This Act outlines the appointment process, duties,
responsibilities, limits, taxing of costs and fees of guardianship. The control
and accountability of the beneficiary's estate and income include only moneys
received by the guardian from the USDVA and all earnings, interest and profits
derived. (Ala. Code §§ 26-9-1
et seq.)
JOB STATUS AND REEMPLOYMENT RIGHTS
Those state
employees who are not in the classified service, upon being called into or
entering the military service, shall have the same rights and privileges as to
reemployment by the state or any department thereof as are granted to those
employees in the classified service. (Ala.
Code § 36-26-33)
State, county,
and municipal officials, who enter the military or naval service at a time when
a state of national emergency has been declared to exist by the President of the
United States, have preservation of job status and reemployment rights. (Ala. Code§§
36-8-1-6)
Any teacher
entering military service at a time when there is an existing state of war
between the United States and any other country shall be granted a leave of
absence for the duration of the war and until the beginning of the school year
next succeeding the date on which said teacher is released from military
service.
Any teacher
entering the military service of the United States, who is not on continuing
service status but who has accumulated one or more years of teaching experience
immediately prior to entering military service, shall be given credit for such
experience if such teacher returns to said position within one year after
release from military service. Contact the local school board for information
on required notices and forms. (Ala. Code§
16-24-13)
MEMBERSHIP IN STATE
EMPLOYEES'/TEACHERS' RETIREMENT SYSTEM
Retirement
benefits rights of state employees and teachers who enter the Armed Forces and
return to state employment after discharge are preserved. A member who enters
the armed services and does not withdraw contributions, and who returns to said
employment within one year after being honorably discharged, may be granted
credit for military service up to four years, provided the employee pays an
amount equal to four percent of the average compensation paid to a state
employee during each claimed year of full-time military service, plus and
together there with eight percent interest compounded from the last date of such
claimed military service. The contributions must be made within a period of
time equal to the length of service in the armed forces or before attainment of
age 60, or in the case of a state policeman, age 56, whichever occurs first. No
credit for military service shall be granted if such member is receiving
military service retirement benefits. (Ala.
Code §§ 36-27-4(d) - (f); 16-25-3(d) & (e))
MILITARY
COMBAT PAY INCOME TAX EXEMPTION
Money paid by the
United States to a person as compensation for active service as a member of the
Armed Forces of the United States in a combat zone designed by executive order
of the President of the United States shall not be subject to income taxes
levied by the State of Alabama for the calendar year 1965 or any subsequent
year. (Ala. Code § 40-18-3)
MILITARY
LEAVE OF ABSENCE
All officers and
employees of the State of Alabama, or of any county, municipality, or other
agency or political subdivision thereof, who shall be active members of the
Alabama National Guard, naval militia, the Alabama State Guard organized in lieu
of the National Guard, the civilian auxiliary of the United States Air Force
known as the Civil Air Patrol, the National Disaster Medical System, or of the
reserve components of the United States Armed Forces, shall be entitled to a
military leave of absence from their respective civil duties and occupations on
all days that they are engaged in field or coast defense or other training or on
other service ordered under the National Defense Act, the Public Health Security
and Bioterrorism Preparedness and Response Act of 2002, or of the federal laws
governing the United States reserves, without loss of pay, time, efficiency
rating, annual vacation, or sick leave, but no such person granted such leave of
absence with pay shall be paid for more than 21 working days (168 working hours)
per calendar year. (Ala. Code §
31-2-13(a))
MILITARY
FAMILY RELIEF FUND
This law prohibits a mortgagee
from initiating a foreclosure against the surviving spouse or estate of a
mortgagor who dies while deployed overseas on active duty military service for
180 days after the death. Civil penalties against a violator are deposited into
the Military Family Relief Fund, which the ADVA may use to assist military
families. (Ala. Code §
35-10-71)
MILITARY
RETIREE INCOME TAX EXEMPTION
Effective January
1, 1989, and for all successive tax years, all compensation received as
retirement benefits by any person retired from the military service of the
United States of America and survivor benefits derived there from are hereby
exempt from any state, county or municipal income tax or similar tax. (Ala. Code §
40-18-20)
NOTICE OF ARMED FORCES DEATH
A written notice
or communication from the Department of Defense, the Adjutant General of the
Army, the Secretary of the Navy or other officer charged with the duty of
sending such notice or communication to the effect that any person in the Armed
Forces of our country, or serving as auxiliary thereto, is dead shall be
accepted as prima facie evidence of the death of such person. (Ala. Code §
12-21-90)
OFFICIAL REPORT OF PERSON
MISSING, ETC.
An official written
report or record, or duly certified copy thereof, that a person is missing,
missing in action, interned in a neutral country, or beleaguered, besieged or
captured by an enemy or is dead or is alive, made by any officer or employee of
the United States authorized by any law of the United States to make same, shall
be received in any court, office or other place in this state as prima facie
evidence that such person is missing, missing in action, interned in a neutral
country, or beleaguered, besieged or captured by an enemy or is dead or is
alive, as the case may be. (Ala.
Code § 12-21-91(a))
PEACE
OFFICERS CREDIT FOR MILITARY SERVICE
Any peace officer
who becomes a member of the Alabama Peace Officers’ Annuity and Benefit Fund and
who left employment and entered directly into the Armed Forces of the United
States and who returned to work as a peace officer within six months after
release or discharge shall receive prior employment service credit for service
in the military not to exceed five years. (Ala. Code §
36-21-69)
PREFERENCE IN STATE CLASSIFIED EMPLOYMENT
All persons who
have been honorably discharged from the United States Armed Forces at any time
shall have 5 points added to any earned ratings in examination for entrance to
the state classified service. Honorably discharged veterans with the present
existence of a service-connected disability and entitled to pension,
compensation or disability allowance under existing laws shall have 10 points
added to any earned ratings. Wives and widows of certain disabled or deceased
veterans may have the 10-point preference extended to them and added to any
earned ratings. Veterans also receive preference on the classified service
employment registers over non-veterans with the same ratings. (Ala.
Code § 36-26-15(b))
PUBLIC RECORDS
One copy of any
public record (birth or marriage certificate, divorce decree, etc.) is furnished
free of charge to an applicant when required by the USDVA to be used in
determining the eligibility of any person to participate in benefits made
available by his/her federal agency. (Ala.
Code § 26-9-12)
RECORDING OF DISCHARGES
Honorable
discharges and certificates of honorable service are recorded free of charge by
probate judges. Any person who holds a release from active duty, or DD Form
214, from the United States Army, Air Force, Coast Guard, Navy, or Marine Corps
may present the DD Form 214 to the judge of probate of the county wherein he or
she resides, and the judge of probate shall cause the same to be recorded at no
charge.
When a release from active duty is recorded as
provided by this law, the record of certified copies of a DD Form 214 appearing
in the book of record shall be confidential. It shall be unlawful for any person
to permit inspection of any such record, to disclose information contained in
any such record, or to issue a copy of all or any part of such record except as
authorized herein or by order of a court of competent jurisdiction. Upon
presentation of proper identification, any of the following persons may examine
the record or obtain free of charge a copy or certified copy of all or part of
the record:
a.
The person who is the subject of the record.
b.
The spouse or next of kin of the person who is the
subject of the record.
c.
A person named in an appropriate power of
attorney executed by the person who is the subject of the record.
d.
The administrator, executor, guardian, or legal
representative of the person who is the subject of the record.
e.
An attorney for any person specified in
paragraphs a. to d., inclusive.
f.
A County VSO or an Assistant County VSO.
Records kept pursuant to this
law shall not be reproduced or used in whole or in part for any
commercial or speculative purpose. Any individual, agency, or court
which obtains information shall not disseminate or disclose such
information or any part thereof except as authorized herein or
otherwise by law. A violation of this law shall constitute a
misdemeanor and shall be punished by a fine not to exceed five
thousand dollars ($5,000). (Ala.
Code § 31-1-1)