(1) (a) A person is a discharged LGBT veteran if the person, as determined by the board of veterans affairs, was discharged from the armed services due to the person's sexual orientation or gender identity or gender expression; or statements, consensual sexual conduct, or consensual acts relating to sexual orientation or gender identity or gender expression unless the statements, conduct, or acts are prohibited by the uniform code of military justice on grounds other than the person's sexual orientation, gender identity, or gender expression; or the disclosure of statements, conduct, or acts relating to sexual orientation or gender identity or gender expression that were prohibited by the armed services at the time of discharge. (b) Notwithstanding subsection (1)(a) of this section, a person who received a dishonorable discharge, bad conduct discharge, or, if the person was an officer, a dismissal from the armed services is not eligible to be a discharged LGBT veteran. (2) Upon application, and in accordance with the process established by the division of veterans affairs pursuant to this section, the board of veterans affairs shall determine whether a person is a discharged LGBT veteran. (3) (a) The division of veterans affairs shall establish a consistent and uniform process to determine whether a person is a discharged LGBT veteran, including, at a minimum, standards for verifying the person's status as a discharged LGBT veteran. (b) (I) The process must require a person applying for classification as a discharged LGBT veteran to submit a copy of the person's DD214 form issued by the United States government, a personal affidavit of the circumstances surrounding the discharge, and any relevant records pertaining to the discharge. (II) A person who does not have the documents described in subsection (3)(b)(I) of this section is not automatically disqualified from being classified as a discharged LGBT veteran. If the person does not have the documents, the person must submit an affidavit certifying that the person does not have the documents. (c) The division of veterans affairs shall establish a method for a person determined by the board of veterans affairs to be a discharged LGBT veteran to demonstrate status as a discharged LGBT veteran.
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