40 Tex. Admin. Code § 461.90

Current through Reg. 49, No. 45; November 8, 2024

Section 461.90 - Supporting Documentation for the Hazlewood Act Exemption Application

(a) Veterans: When applying for the first time for the Hazlewood Act Exemption, a veteran shall provide to the institution the Hazlewood Act Exemption Application, along with the following supporting documentation:

(1) a copy of the veteran's Certificate of Release or Discharge from Active Duty (DD FORM 214) or equivalent document. If the veteran's service period ended before the use of DD FORM 214, then the following forms may be substituted for the DD FORM 214:

(A) WD AGO 53, Enlisted Record and Report of Separation Honorable Discharge;

(B) WD AGO 53-55, Enlisted Record and Report of Separation Honorable Discharge;

(C) WD AGO 53-58, Enlisted Record and Report of Separation General Discharge;

(D) NAVCG-553, Notice of Separation from U.S. Coast Guard;

(E) NAVMC 78-PD, U.S. Marine Corps Report of Separation;

(F) NAVPERS-553, Notice of Separation from U.S. Naval Service; or

(G) NA Form 13038, Certification of Military Service. This form may only be used upon written verification from the National Archives that a DD Form 214 or equivalent discharge document has been lost or destroyed and may only be used to verify days of qualifying service and character of service.

(2) a certificate of eligibility from the VA Regional Processing Office for federal education benefits if the veteran served active duty military service on or after September 11, 2001; and

(3) proof that the veteran is not in default on an educational loan made or guaranteed by the State of Texas.

(b) Spouse or Child: When applying for the first time for the Hazlewood Act Exemption, a spouse or child shall provide to the institution the Hazlewood Act Exemption Application, along with the following supporting documentation:

(1) proof that the veteran's death (DD FORM 1300) or disability (VA rating decision letter) was a result of an injury or illness directly associated with military service;

(2) a certificate of eligibility from the VA Regional Processing Office for federal education benefits if the veteran served active duty military service on or after September 11, 2001;

(3) if a child, proof that he or she is the child of an eligible veteran (birth certificate, or marriage certificate between the veteran and child's birth or adoptive parent, or adoption certificate, or the veteran's federal income tax return);

(4) if a spouse, proof that he or she was the spouse of the veteran at the time the veteran died or is the current spouse of an otherwise eligible member of the military who sustained a disabling injury or is classified as missing in action (MIA) (marriage certificate or federal income tax return);

(5) documentation that the veteran, at the time he or she entered the service, was a resident of Texas, entered the service in the State of Texas (DD FORM 214), or declared Texas as his or her home of record in the manner provided by the military or other service (DD FORM 214);

(6) for the spouse or child of a disabled veteran or guardsman, a rating decision letter from the Department of Veterans Affairs verifying that the veteran has been rated totally and permanently disabled or meets the eligibility requirements for individual unemployability according to the disability ratings of the Department of Veterans Affairs; and

(7) proof that the spouse or child is not in default on an educational loan made or guaranteed by the State of Texas.

(c) Hazlewood Legacy Act: When applying for the first time for the Hazlewood Legacy Act transfer, a child shall provide to the institution the Hazlewood Act Exemption Application, along with the following supporting documentation:

(1) birth certificate, or marriage certificate between the veteran and child's birth or adoptive parent, or adoption certificate, or most recent federal income tax return;

(2) certificate of eligibility from the VA Regional Processing Office for federal education benefits if the veteran served active duty military service on or after September 11, 2001;

(3) proof that the child and the qualifying veteran are not in default on an educational loan made or guaranteed by the State of Texas; and

(4) a copy of the veteran's Certificate of Release or Discharge from Active Duty (DD FORM 214) or equivalent document. If the veteran's service period ended before the use of DD FORM 214, then the following forms may be substituted for the DD FORM 214: