PURPOSE: This rule prescribes guidelines as required
by section
41.216,
RSMo, to administer the Missouri Military Family Relief Fund, which provides an
opportunity to receive donations from individuals or corporations and also on
standard individual income tax forms, to allow taxpayers to contribute to the
Missouri Military Family Relief Fund. It provides the adjutant general with the
power to make grants from the fund to members and families of the Missouri
National Guard members or to reserve component members and families who are
Missouri residents and were called to active military service as a result of
the September 11, 2001, terrorist attacks.
(1) Definitions as used in this rule, unless
the context clearly indicates otherwise, the following terms shall mean:
(A) Adjutant general-as defined in Chapter
41, Revised Statutes of Missouri, section
41.110;
(B) Families of members-a husband, wife,
child, mother, father, brother, sister, or other person who has been approved
as a dependent and is enrolled in the Defense Enrollment Eligibility Reporting
System (DEERS) in accordance with applicable military regulations. A custodial
parent or guardian of a member's dependent may apply for a grant on behalf of
that dependent;
(C) Interested
party-non-family member granted power of attorney by the service
member;
(D) Active duty-military
service performed as state active duty under 41.480 and/or 44.415, RSMo;
military service performed under the provisions of Title 32, United
States Code; or military service performed under the provisions of
Title 10, United States Code;
(E) Reserve component-reserve forces of the
United States: Air Force Reserve, Army Reserve, Coast Guard Reserve, Marine
Corps Reserve, Naval Reserve;
(F)
Duty as a result of September 11, 2001-Title 10 or Title 32 active duty service
of a minimum of thirty (30) consecutive days, directly related to the
President's Partial Mobilization Authority in response to the attacks
(currently referred to as Operation Noble Eagle, Operation Iraqi Freedom and
Operation Enduring Freedom); any future operations as determined by the
president; or any future operations as determined by the governor of
Missouri;
(G) Missouri Military
Family Relief Fund (MMFRF).as defined in Chapter 41, Revised Statutes of
Missouri, section
41.218;
(H) Review panel-a Command Sergeants Major of
the Missouri National Guard, an active or retired Command Sergeants Major of a
reserve component or its equivalent and a representative of the Missouri
Veterans. Commission;
(I) MMFRF
coordinator.individual appointed by the adjutant general to serve as recorder
for the review panel and to execute administrative functions relative to the
Missouri Military Family Relief Fund; and
(J) Quality of Life and Medical Based Grants
(QLMBG).grants for generally accepted living expenses; housing, transportation,
utilities, repairs, groceries, etc. This grant excludes luxury items such as
cable TV, vacations, alcohol, etc.
(2) Determination of Eligibility for Quality
of Life and Medical Based Grants (QLMBG). The grant applicant must show proof
of the following:
(A) He or she is a member
of the Missouri National Guard or a Missouri resident who is a member of
another reserve component branch, applying on behalf of his or her
family;
(B) Or is a family member
of that service member, or has been given power of attorney by the service
member. Proof of residency for military members will consist of information
obtained from DEERS. Proof of a familial relationship will also consist of
information obtained from DEERS;
(C) The Missouri National Guard or reserve
component member was on active military duty for at least thirty (30)
consecutive days as a result of the September 11, 2001 terrorist attacks. Proof
of active duty will consist of a copy of the orders issued by an authorized
headquarters ordering the member to such duty, and documentation showing that
such duty was actually performed. Eligible active duty includes any active duty
since September 11, 2001;
(D) The
Missouri National Guard or reserve component member has been off Title 10 or
Title 32 orders in support of the Global War on Terrorism for less than one
hundred twenty (120) days if applying for a grant after release from active
duty;
(E) A copy of a payroll
record from the member's civilian employer that indicates member's monthly
salary plus a copy of a military leave and earnings statement (LES) that
indicates the member's monthly salary;
(F) Proof that the member or family member
has incurred or is about to incur a specific monetary expense relating to
clothing, food, housing, utilities, medical services, medical prescriptions,
insurance or vehicle payments. Such proof shall include, but is not limited to,
a copy of a bill, invoice, estimate, cancellation notice, or any other similar
record;
(G) A signed statement that
the grant request is for the purpose identified in the application and that the
grant funds will be used for the purposes requested;
(H) The Missouri National Guard or reserve
component member holds a pay grade no higher than O-3, if a commissioned
officer, or W-2, if a warrant officer. Individuals or families will be eligible
for the grant based upon rank at the time of the mobilization. Proof of pay
grades will consist of information obtained from DEERS;
(I) If a custodial parent or guardian is
applying for a grant on behalf of a member.s dependent, then the custodial
parent or guardian must provide proof of guardianship of a member's dependent
currently enrolled in DEERS;
(J)
The adjutant general is authorized to waive the requirements in subsection
(2)(H) upon a written request indicating the circumstances justifying such a
waiver, and upon proof that there has in fact been some decrease from the
member's civilian salary. Such circumstances include, but are not limited to,
death, injury or incapacity of the member, long-term deployment of the member
and unexpected expenses incurred by the member's family. The adjutant general
may use discretion in granting or denying such requests; and
(K) Upon recommendation of the review panel
the adjutant general is authorized to waive the one hundred twenty (120)-day
limitation in subsection (D) of this section. The adjutant general may use
discretion in granting or denying such requests.
(3) The following members are ineligible to
receive QLMBG:
(A) All commissioned and
warrant officers with pay grades of O-4 and W-3, or higher;
(B) Personnel serving in Active Guard/Reserve
(AGR) or similar full-time unit support programs unless called to Title 10
service; or a change in Title 32 due to the September 11, 2001 terrorist
attacks; or
(C) Members who, at any
time prior to the disbursement of funds pursuant to a grant application under
this section, receive a punitive discharge or an administrative discharge with
service characterized as Under Other Than Honorable Conditions.
(4) QLMBG Levels and Limits.
(A) Payments to a Missouri National Guard or
reserve component service member or their family shall be determined in
accordance with MMFRF Standard Operating Procedures (SOP).
(B) If a grant payment is to be used for the
purpose of payments for food, housing, utilities, it shall be noted on the
application and this information shall be sent to the state fiscal resources
office when a payment request is granted. These payments shall be identified as
responsive to health and welfare issues.
(C) All grants will be paid directly to the
applicant. Payments will not be made directly to creditors.
(5) Application and Documentation.
The rules governing the acceptance of applications are as follows:
(A) To receive consideration for a grant,
applicants must request and submit an application provided by the MMFRF
coordinator;
(B) All necessary
documentation, as stated in section (2), must be included with the application,
unless otherwise provided under DEERS, and the applicant shall authorize access
to DEERS for purposes of verification;
(C) Incomplete applications will be returned
to the applicant;
(D) The MMFRF
coordinator, upon receipt of a complete original application, will verify
required information under DEERS and will then process the information for
payment. The application shall be processed in an expeditious manner.
(6) Payments.
(A) Payment will be made to the applicant who
has met all eligibility requirements under section (2).
(B) The timeliness of payment will be
determined by the amount of funds available at the time of
application.
(C) If adequate funds
are not available, the application will be held in a queue until funds are
available.
(7) Denials.
(A) Grant applications from those not meeting
eligibility requirements will be denied.
(B) A letter explaining the denial, as well
as providing additional sources of available relief, will be sent to the
applicant by the MMFRF coordinator within thirty (30) days after
receipt.
(8) Appeals.
(A) Applicants may appeal decisions in
writing within thirty (30) days of denial letter by stating the bases for the
reconsideration. Send all appeals to the MMFRF coordinator.
(B) Upon the recommendation of the review
panel the adjutant general is the final appeal authority.
(9) Reporting Requirements.
(A) As outlined in the MMFRF SOP.