10-1-1306. Ineligibility for grants. (1) (a) A member who at any time prior to the disbursement of grant money receives a punitive discharge pursuant to the federal Manual for Courts-Martial or an administrative discharge with service characterized as other than honorable conditions is ineligible for any grant under 10-1-1305.

Terms Used In Montana Code 10-1-1306

  • Family member: means a person who has been approved as a dependent of a member and is enrolled as a dependent of the member in the defense enrollment eligibility reporting system of the United States department of defense. See Montana Code 10-1-1304
  • Member: means :

    (a)a member of the Montana army national guard;

    (b)a member of the Montana air national guard; or

    (c)a Montana resident who is a member of the reserve component, as defined in 38 U. See Montana Code 10-1-1304

  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201

(b)A family member of a member described in subsection (1)(a) is ineligible for any grant under 10-1-1305.

(2)(a) A member and a family member of the member are ineligible for status-based and needs-based grants under 10-1-1305 if the member holds a rank or pay grade, as those terms are used in Titles 10 and 37 of the United States Code, of:

(i)0-4 (major or lieutenant commander) or higher if a commissioned officer; or

(ii)W-4 (chief warrant officer, W-4) or higher if a warrant officer.

(b)The determination of the member’s pay grade must be made at the time of application for the grant.

(3)A member is ineligible for a casualty-based grant under 10-1-1305 if:

(a)the member’s injury is the result of a self-inflicted wound, willful negligence by the member, or other misconduct by the member; or

(b)the injury occurs when the member is not in an authorized duty status.