10-2-804. Family member application -- eligibility determination. (1) A family member of an eligible service member may apply for the honor and remember medallion and a family member of an eligible veteran may apply for the commemorative memorial coin using a form and in a manner prescribed by the department, including providing the documentation requested by the department.

(2) (a) An eligible service member is a member of the United States armed forces who:

(i) was killed in action or classified by the United States as missing in action on or after September 8, 1939, while:

(A) engaged in an action against an enemy of the United States;

(B) serving with friendly foreign forces engaged in an armed conflict in which the United States was not a belligerent party against an opposing armed force; or

(C) engaged in military operations involving conflict with an opposing foreign force;

(ii) was serving on federal military active duty orders; and

(iii) was a legal resident of Montana at the time and is authorized by the U.S. department of veterans affairs for military honors.

(b) An eligible veteran is a member of the United States armed forces who:

(i) served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable; and

(ii) was a legal resident of Montana at the time and is authorized by the U.S. department of veterans affairs for military honors.

(c) The department shall determine how the criteria described in subsection (2)(a) is to be defined and documented for the purposes of this part.

(3) On receipt of an application, the department shall determine whether the family member is eligible to receive the medallion or coin and notify the family member of the determination.