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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6284 April 5, 1985 COUNTIES: Soldiers' relief fund VETERANS: Eligibility for assistance from county soldiers' relief fund An honorably discharged veteran with any length of service, no matter how brief, during a war or military expedition, is eligible for assistance from the county soldiers' relief fund. Mr. Frank A. Schmidt, Jr. Director Michigan Veterans Trust Fund Department of Management and Budget Lansing, Michigan 48909 You have requested my opinion with respect to whether the uniformity of service dates for veterans act, MCL 35.61 et seq; MSA 4.1488(1) et seq, applies to the county soldiers' relief act, MCL 35.21 et seq; MSA 4.1051 et seq. You have indicated that because there is no specific period of service required by MCL 35.21 et seq; MSA 4.1051 et seq, some county boards of commissioners require only one day of honorable service, while others require 60 or 90 days of honorable service to fulfill eligibility requirements. In addition, some county boards of commissioners extend eligibility only to those enumerated in MCL 35.21; MSA 4.1051, and, therefore, deny benefits to members of the Air Force and Coast Guard. MCL 35.21; MSA 4.1051, as last amended by 1984 PA 168, provides that a tax be levied: 'for the purpose of creating a fund for the relief of honorably discharged indigent members of the army, navy, air force, marine corps, coast guard, and women's auxiliaries of all wars or military expeditions in which the United States of America has been, is, or may hereafter be, a participant as prescribed in section 1 of Act No. 190 of the Public Acts of 1965, being section 35.61 of the Michigan Compiled Laws, and the indigent spouses, minor children, and parents of each such indigent or deceased member . . ..' In MCL 35.61; MSA 4.1488(1), it is, in pertinent part, provided: 'In order to provide for the uniformity of service dates for veterans, the following dates and terms shall be applicable to all acts of the state relative to veterans: '(a) 'Veteran' means a person, who served in the active military forces, during a period of war or who received the armed forces expeditionary or other campaign service medal during an emergency condition and who was discharged or released therefrom under honorable conditions. 'Veteran' also includes a person who died in active military forces.' (Emphasis added.) The remaining part of said section defines specific dates of past wars, expeditions, campaigns, emergency conditions, etc., and how future dates are to be determined. Each Act attempts to limit the definition or the eligibility for benefits to those persons honorably discharged and to those persons who have been in the service during a period of war or military expedition. Although the term 'veteran' is not used in MCL 35.21; MSA 4.1051, it is clear from the language of the Acts in their similarity of language, that the Acts are meant to apply to the same persons, as evidenced by the reference in MCL 35.21; MSA 4.1051 to MCL 35.61; MSA 4.1488(1). A review of MCL 35.21 et seq; MSA 4.1051 et seq, and MCL 35.61 et seq, MSA 4.1488(1) et seq, demonstrates that eligibility thereunder requires an honorable discharge plus service during a period of a war or a military expedition. As to the specific length of time in the service, both Acts are silent. This silence is significant in that acts pertaining to other veterans' benefits have a number of days of service required for eligibility. For example: the veteran trust fund act, MCL 35.601 et seq; MSA 4.1064(1) et seq, (180 days of service); the funeral expenses of veterans act, MCL 35.801 et seq; MSA 4.1321 et seq, (90 days of active service or less because of a service connected disability); and the Vietnam Veterans Era Bonus Act, MCL 35.1021 et seq; MSA 4.1097(41) et seq, (190 days of service or is listed as missing in action or died during period of service). It is my opinion, therefore, that any length of service, no matter how brief, combined with an honorable discharge and service during a war or a military expedition, makes a veteran eligible for assistance from the county soldiers' relief fund. In connection with your inquiry as to whether MCL 35.21 et seq; MSA 4.1051 et seq, applies to veterans who served in the Air Force and Coast Guard, it is to be noted that after receipt of your opinion request, the Legislature passed 1984 PA 168, effective June 29, 1984, which amended MCL 35.21 et seq; MSA 4.1051 et seq, to include therein honorably discharged indigent members of the Air Force and Coast Guard. In view of this legislative action, your last question is moot and no answer is necessary. Frank J. Kelley Attorney General
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