Military Benefits

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train image 7 Applications, Filing Deadline, Duration of Benefit
train image 7 Members of the Armed Services
train image 7 Military Dependents
train image 7 Special Admission Benefit for New Applicants
train image 7 Statutory Modifications

As a member of the armed services, the North Carolina National Guard or a military dependent, if you do not qualify as a North Carolina resident-for-tuition-purposes, you may still be eligible to pay a reduced tuition rate if you meet the eligibility requirements for the Military Tuition Benefit (N.C.Gen.Stat. Sec. 116-143.3). Note that the Benefit only determines the amount of tuition you pay. You must still qualify academically for admission.

APPLICATIONS, FILING DEADLINE, DURATION OF BENEFIT

You can get a Military Tuition Benefit application form at any UNC-CH admissions office or online. The completed application form, along with all required affidavits (see below), must be received by your admissions office before the first day of classes of your first term of enrollment. This is an absolute deadline, and it cannot be waived.

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MEMBERS OF THE ARMED SERVICES

Basic Requirements

To be eligible for the Military Tuition Benefit as a member of the armed services, you must

  • Be a member of the US Air Force, US Army, US Coast Guard, US Marine Corps, US Navy, North Carolina National Guard, or a member of a reserve component of one of these services
  • Be on active duty, be stationed on permanent status in NC

NOTE: Members of reserve components are not eligible for the Benefit unless they have been called up for active duty, except North Carolina National Guard members on reserve status.

Required Affidavits

Before you give the admissions office your completed Military Tuition Benefit application, you must attach the following affidavit from an appropriate military authority:

  1. An affidavit attesting to your duty status, PCS orders, and location (a copy of your military orders will not satisfy this requirement)

* “Appropriate military authorities” include commanding officers, payroll office administrators, base education officers, and similar authorities. You cannot sign the affidavit.

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MILITARY DEPENDENTS

Basic Requirements

To qualify for the Military Tuition Benefit as a military dependent, you must

  • Be the military dependent of a member of the armed services who is stationed in North Carolina (PCS orders) on active duty
  • Be living with that service member
  • Be registered with the Selective Service System, if you are a male between the ages of 18 and 26

Amount and Duration of the Benefit

Military dependents who qualify for the Military Tuition Benefit pay the in-state tuition rate. If you have been ruled eligible for the Benefit and the service member through whom you qualify is transferred out of North Carolina during that academic year, you will continue to get the Benefit if you are continually enrolled. See below for complete text of the statute.

Required Affidavit

Before you give the admissions office your completed Military Tuition Benefit application, you must attach an affidavit from the appropriate military authority that

  • Says you are the military dependent of a service member (If the affidavit does not say “military dependent” it is unacceptable.)
  • Gives the name of the service member
  • Says that the service member through whom you claim the Benefit is on active duty stationed in North Carolina on PCS

The affidavit must be signed by an “appropriate military authority.” This includes commanding officers, payroll office administrators, and base education officers. You cannot sign the affidavit, and the service member through whom you claim the Benefit cannot sign the affidavit.

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SPECIAL ADMISSION BENEFIT FOR NEW APPLICANTS

If you are attending a North Carolina high school when you apply for admission to UNC-CH, and if you are eligible for the Military Tuition Benefit, you will be considered a resident for admissions purposes. Get in touch with the Office of Undergraduate Admissions for more information and to receive a copy of the form.

Amount of the Benefit

Members per above who qualify for the military tuition benefit will pay the in-state tuition rate and all mandatory fees. Also, if the service member transferred out of North Carolina, but continues his/her enrollment status, he/she will continue to pay the in-state tuition rate (see statute for complete text).

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STATUTORY MODIFICATIONS

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2005

|§ 116-143.3. Tuition of armed services personnel and their dependents.

(a) Definitions. – The following definitions apply in this section:

  1. The term “abode” shall mean the place where a person actually lives, whether temporarily or permanently; the term “abide” shall mean to live in a given place.
  2. The term “armed services” shall mean the United States Air Force, Army, Coast Guard, Marine Corps, and Navy; the North Carolina National Guard; and any Reserve Component of the foregoing.
  3. The term “tuition assistance” shall be used as defined in the United States Department of Defense Directive 1322.8, implementing 10 U.S.C. |§ 2007.

(b) Any active duty member of the armed services qualifying for admission to an institution of higher education as defined in G.S. 116-143.1(a)(3) but not qualifying as a resident for tuition purposes under G.S. 116-143.1 shall be charged the in-State tuition rate and applicable mandatory fees for enrollments while the member of the armed services is abiding in this State incident to active military duty in this State. In the event the active duty member of the armed services is reassigned outside of North Carolina or retires, the member shall continue to be eligible for the in-State tuition rate and applicable mandatory fees so long as the member is continuously enrolled in the degree or other program in which the member was enrolled at the time the member is reassigned. In the event the active duty member of the armed services receives an Honorable Discharge from military service, the member shall continue to be eligible for the in-State tuition rate and applicable mandatory fees so long as the member establishes residency in North Carolina within 30 days after the discharge and is continuously enrolled in the degree or other program in which the member was enrolled at the time the member is discharged. (b1) (b2) Repealed by Session Laws 2004-130, s. 1, effective August 1, 2004.

(c) Any dependent relative of a member of the armed services who is abiding in this State incident to active military duty, as defined by the Board of Governors of The University of North Carolina and by the State Board of Community Colleges while sharing the abode of that member shall be eligible to be charged the in-State tuition rate, if the dependent relative qualifies for admission to an institution of higher education as defined in G.S. 116-143.1(a)(3). The dependent relatives shall comply with the requirements of the Selective Service System, if applicable, in order to be accorded this benefit. In the event the member of the armed services is reassigned outside of North Carolina or retires, the dependent relative shall continue to be eligible for the in-State tuition rate and applicable mandatory fees so long as the dependent relative is continuously enrolled in the degree or other program in which the dependent relative was enrolled at the time the member is reassigned or retires. In the event the member of the armed services receives an Honorable Discharge from military service, the dependent relative shall continue to be eligible for the in-State tuition rate and applicable mandatory fees so long as the dependent relative establishes residency within North Carolina within 30 days after the discharge and is continuously enrolled in the degree or other program in which the dependent relative was enrolled at the time the member is discharged.

(d) The burden of proving entitlement to the benefit of this section shall lie with the applicant therefore.

(e) A person charged less than the out-of-state tuition rate solely by reason of this section shall not, during the period of receiving that benefit, qualify for or be the basis of conferring the benefit of G.S. 116-143.1(g), (h), (i), (j), (k), or (1).” SECTION 2. G.S. 116-143.1 reads as rewritten: “|§ 116-143.1. Provisions for determining resident status for tuition purposes. (a)As defined under this section:

  1. A “legal resident” or “resident” is a person who qualifies as a domiciliary of North Carolina; a “nonresident” is a person who does not qualify as a domiciliary of North Carolina.
  2. A “resident for tuition purposes” is a person who qualifies for the in-State tuition rate; a “nonresident for tuition purposes” is a person who does not qualify for the in-State tuition rate.
  3. “Institution of higher education” means any of the constituent institutions of the University of North Carolina and the community colleges under the jurisdiction of the State Board of Community Colleges.

(b) To qualify as a resident for tuition purposes, a person must have established legal residence (domicile) in North Carolina and maintained that legal residence for at least 12 months immediately prior to his or her classification as a resident for tuition purposes. Every applicant for admission shall be required to make a statement as to his length of residence in the State. (c) To be eligible for classification as a resident for tuition purposes, a person must establish that his or her presence in the State currently is, and during the requisite 12-month qualifying period was, for purposes of maintaining a bona fide domicile rather than of maintaining a mere temporary residence or abode incident to enrollment in an institution of higher education.

(d) An individual shall not be classified as a resident for tuition purposes and, thus, not rendered eligible to receive the in-State tuition rate, until he or she has provided such evidence related to legal residence and its duration as may be required by officials of the institution of higher education from which the individual seeks the in-State tuition rate.

(e) When an individual presents evidence that the individual has living parent(s) or court-appointed guardian of the person, the legal residence of such parent(s) or guardian shall be prima facie evidence of the individual’s legal residence, which may be reinforced or rebutted relative to the age and general circumstances of the individual by the other evidence of legal residence required of or presented by the individual; provided, that the legal residence of an individual whose parents are domiciled outside this State shall not be prima facie evidence of the individual’s legal residence if the individual has lived in this State the five consecutive years prior to enrolling or reregistering at the institution of higher education at which resident status for tuition purposes is sought.

(f) In making domiciliary determinations related to the classification of persons as residents or nonresidents for tuition purposes, the domicile of a married person, irrespective of sex, shall be determined, as in the case of an unmarried person, by reference to all relevant evidence of domiciliary intent. For purposes of this section:

  1. No person shall be precluded solely by reason of marriage to a person domiciled outside North Carolina from establishing or maintaining legal residence in North Carolina and subsequently qualifying or continuing to qualify as a resident for tuition purposes;
  2. No persons shall be deemed solely by reason of marriage to a person domiciled in North Carolina to have established or maintained a legal residence in North Carolina and subsequently to have qualified or continued to qualify as a resident for tuition purposes;
  3. In determining the domicile of a married person, irrespective of sex, the fact of marriage and the place of domicile of his or her spouse shall be deemed relevant evidence to be considered in ascertaining domiciliary intent.

(g) Any nonresident person, irrespective of sex, who marries a legal resident of this State or marries one who later becomes a legal resident, may, upon becoming a legal resident of this State, accede to the benefit of the spouse’s immediately precedent duration as a legal resident for purposes of satisfying the 12-month durational requirement of this section.

(h) No person shall lose his or her resident status for tuition purposes solely by reason of serving in the armed forces outside this State. (h1)Any member of a North Carolina National Guard unit who is a nonresident shall be eligible to be charged the in-State tuition rate and shall pay the full amount of the in-State tuition rate and applicable mandatory fees. This subsection applies to members in a reserve or active duty status.

(i) A person who, having acquired bona fide legal residence in North Carolina, has been classified as a resident for tuition purposes but who, while enrolled in a State institution of higher education, loses North Carolina legal residence, shall continue to enjoy the in-State tuition rate for a statutory grace period. This grace period shall be measured from the date on which the culminating circumstances arose that caused loss of legal residence and shall continue for 12 months; provided, that a resident’s marriage to a person domiciled outside of North Carolina shall not be deemed a culminating circumstance even when said resident’s spouse continues to be domiciled outside of North Carolina; and provided, further, that if the 12-month period ends during a semester or academic term in which such a former resident is enrolled at a State institution of higher education, such grace period shall extend, in addition, to the end of that semester or academic term.

(j) Notwithstanding the prima facie evidence of legal residence of an individual derived pursuant to subsection (e), notwithstanding the presumptions of the legal residence of a minor established by common law, and notwithstanding the authority of a judicially determined custody award of a minor, for purposes of this section, the legal residence of a minor whose parents are divorced, separated, or otherwise living apart shall be deemed to be North Carolina for the time period relative to which either parent is entitled to claim and does in fact claim the minor as a dependent for North Carolina individual income tax purposes. The provisions of this subsection shall pertain only to a minor who is claimed as a dependent by a North Carolina legal resident.

Any person who immediately prior to his or her eighteenth birthday would have been deemed under this subsection a North Carolina legal resident but who achieves majority before enrolling at an institution of higher education shall not lose the benefit of this subsection if that person:

  1. Upon achieving majority, acts, to the extent that the person’s degree of actual emancipation permits, in a manner consistent with bona fide legal residence in North Carolina; and
  2. Begins enrollment at an institution of higher education not later than the fall academic term next following completion of education prerequisite to admission at such institution.

(k) Notwithstanding other provisions of this section, a minor who satisfies the following conditions immediately prior to commencement of an enrolled term at an institution of higher education, shall be accorded resident tuition status for that term:

(1) The minor has lived for five or more consecutive years continuing to such term in North Carolina in the home of an adult relative other than a parent, domiciled in this State; and

(2) The adult relative has functioned during those years as a de facto guardian of the minor and exercised day-to-day care, supervision, and control of the minor.

A person who immediately prior to his or her eighteenth birthday qualified for or was accorded resident status for tuition purposes pursuant to this subsection shall be deemed upon achieving majority to be a legal resident of North Carolina of at least 12 months’ duration; provided, that the legal residence of such an adult person shall be deemed to continue in North Carolina only so long as the person does not abandon legal residence in this State.

(l) Any person who ceases to be enrolled at or graduates from an institution of higher education while classified as a resident for tuition purposes and subsequently abandons North Carolina domicile shall be permitted to reenroll at an institution of higher education as a resident for tuition purposes without necessity of meeting the 12-month durational requirement of this section if the person reestablishes North Carolina domicile within 12 months of abandonment of North Carolina domicile and continuously maintains the reestablished North Carolina domicile at least through the beginning of the academic term(s) for which in-State tuition status is sought. The benefit of this subsection shall be accorded not more than once to any one person.”

SECTION 3. G.S. 127A-202.1 is amended by adding a new subsection to read:

(f)This section shall also apply when a member of the North Carolina National Guard is called into active duty at the direction of the President, the Governor, or by any other competent authority.

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