38 USC 5303A - Minimum active-duty service requirement

U.S Code last checked for updates: Nov 22, 2024

§ 5303A.

Minimum active-duty service requirement

(a)

Notwithstanding any other provision of law, any requirements for eligibility for or entitlement to any benefit under this title or any other law administered by the Secretary that are based on the length of active duty served by a person who initially enters such service after September 7, 1980, shall be exclusively as prescribed in this title.

(b)

(1)

Except as provided in paragraph (3) of this subsection, a person described in paragraph (2) of this subsection who is discharged or released from a period of active duty before completing the shorter of—

(A)

24 months of continuous active duty, or

(B)

the full period for which such person was called or ordered to active duty,

is not eligible by reason of such period of active duty for any benefit under this title or any other law administered by the Secretary.

(2)

Paragraph (1) of this subsection applies—

(A)

to any person who originally enlists in a regular component of the Armed Forces after September 7, 1980; and

(B)

to any other person who enters on active duty after October 16, 1981, and has not previously completed a continuous period of active duty of at least 24 months or been discharged or released from active duty under section 1171 of title 10.

(3)

Paragraph (1) of this subsection does not apply—

(A)

to a person who is discharged or released from active duty under section 1171 or 1173 of title 10;

(B)

to a person who is discharged or released from active duty for a disability incurred or aggravated in line of duty;

(C)

to a person who has a disability that the Secretary has determined to be compensable under chapter 11 of this title;

(D)

to the provision of a benefit for or in connection with a service-connected disability, condition, or death;

(E)

to benefits under chapter 19 of this title;

(F)

to benefits under section 2011, 2012, 2013, 2044, or 2061 of this title;

(G)

to benefits under chapter 30 or chapter 37 of this title by reason of—

(i)

a discharge or release from active duty for the convenience of the Government, as described in sections 3011(a)(1)(A)(ii)(II) and 3012(b)(1)(A)(iv) of this title;

(ii)

a discharge or release from active duty for a medical condition which preexisted service on active duty and which the Secretary determines is not service connected, as described in clauses (A)(ii)(I) and (B)(ii)(I) of section 3011(a)(1) of this title and in section 3012(b)(1)(A)(ii) of this title;

(iii)

an involuntary discharge or release from active duty for the convenience of the Government as a result of a reduction in force, as described in clauses (A)(ii)(III) and (B)(ii)(III) of section 3011(a)(1) of this title and in section 3012(b)(1)(A)(v) of this title; or

(iv)

a discharge or release from active duty for a physical or mental condition that was not characterized as a disability and did not result from the individual’s own willful misconduct but did interfere with the individual’s performance of duty, as described in section 3011(a)(1)(A)(ii)(I) of this title; or

(H)

to benefits under chapter 43 of this title.

(c)

(1)

Except as provided in paragraph (2) of this subsection, no dependent or survivor of a person as to whom subsection (b) of this section requires the denial of benefits shall, by reason of such person’s period of active duty, be provided with any benefit under this title or any other law administered by the Secretary.

(2)

Paragraph (1) of this subsection does not apply to benefits under chapters 19 and 37 of this title.

(d)

(1)

Notwithstanding any other provision of law and except as provided in paragraph (3) of this subsection, a person described in paragraph (2) of this subsection who is discharged or released from a period of active duty before completing the shorter of—

(A)

24 months of continuous active duty, or

(B)

the full period for which such person was called or ordered to active duty,

is not eligible by reason of such period of active duty for any benefit under Federal law (other than this title or any other law administered by the Secretary), and no dependent or survivor of such person shall be eligible for any such benefit by reason of such period of active duty of such person.

(2)

Paragraph (1) of this subsection applies—

(A)

to any person who originally enlists in a regular component of the Armed Forces after September 7, 1980; and

(B)

to any other person who enters on active duty after October 13, 1982, and has not previously completed a continuous period of active duty of at least 24 months or been discharged or released from active duty under section 1171 of title 10.

(3)

Paragraph (1) of this subsection does not apply—

(A)

to any person described in clause (A), (B), or (C) of subsection (b)(3) of this section; or

(B)

with respect to a benefit under (i) the Social Security Act other than additional wages deemed to have been paid, under section 229(a) 1

 See References in Text note below.

of the Social Security Act (42 U.S.C. 429(a)), for any calendar quarter beginning after October 13, 1982, or (ii) title 5 other than a benefit based on meeting the definition of preference eligible in section 2108(3) of such title.

(e)

For the purposes of this section, the term “benefit” includes a right or privilege, but does not include a refund of a participant’s contributions to the educational benefits program provided by chapter 32 of this title.

(f)

Nothing in this section shall be construed to deprive any person of any procedural rights, including any rights to assistance in applying for or claiming a benefit.

(Added Pub. L. 97–66, title VI, § 604(a)(1), Oct. 17, 1981, 95 Stat. 1035, § 3103A; amended Pub. L. 97–306, title IV, § 408(a), Oct. 14, 1982, 96 Stat. 1445; Pub. L. 99–576, title III, § 321(11), Oct. 28, 1986, 100 Stat. 3278; Pub. L. 100–689, title I, § 102(b)(3), Nov. 18, 1988, 102 Stat. 4163; Pub. L. 101–510, div. A, title V, § 562(a)(4), Nov. 5, 1990, 104 Stat. 1574; renumbered § 5303A, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403–406; Pub. L. 103–353, § 3, Oct. 13, 1994, 108 Stat. 3169; Pub. L. 103–446, title IX, § 908, Nov. 2, 1994, 108 Stat. 4678; Pub. L. 105–368, title X, § 1005(b)(15), Nov. 11, 1998, 112 Stat. 3365; Pub. L. 114–315, title VII, § 703, Dec. 16, 2016, 130 Stat. 1585.)

cite as: 38 USC 5303A