§ 5303A. Minimum active-duty service requirement

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1981

   Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981

   Pub. L. 97–66 title VI § 604(a)(1) · 95 Stat. 1026

   Enacted · 38 U.S.C. § 5303A

   Added Pub. L. 97–66, title VI, § 604(a)(1), Oct. 17, 1981, 95 Stat. 1035, § 3103A

   Source evidence

   Code source credit
   Added Pub. L. 97–66, title VI, § 604(a)(1), Oct. 17, 1981, 95 Stat. 1035, § 3103A

   Enacted provision · exact public law section
   (1) Chapter 53 is amended by inserting after section 3103 the following new section: “§ 3103A. 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 Veterans’ Administration 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 Veterans’ Administration. “(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 on or after the date of the enactment of the Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981 and Ante, p. 1026. 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 Administrator has determined to be compensable under chapter 11 of this title; 38 USC 301 et seq. “(D) to the provision of a benefit for or in connection with a service-connected disability, condition, or death; or “(E) to benefits under chapter 19 of this title. 38 USC 701 et seq. “(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 Veterans’ Administration. “(2) Paragraph (1) of this subsection does not apply to benefits 38 USC 701 et seq., 1801 et seq.. “Benefit.” under chapters 19 and 37 of this title. “(d) 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 38 USC 1601 et seq. 32 of this title.”.

2. 1982

   Veterans’ Compensation, Education, and Employment Amendments of 1982

   Pub. L. 97–306 § 408(a)(1) · 96 Stat. 1429

   Substituted · 38 U.S.C. § 5303A(b)(2)(B)

   Pub. L. 97–306, § 408(a)(1), substituted “after October 16, 1981,” for “on or after the date of the enactment of the Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(B). Pub. L. 97–306, § 408(a)(1), substituted “after October 16, 1981,” for “on or after the date of the enactment of the Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981”.

   Enacted provision · exact public law section
   (1) by striking out “on or after the date of the enactment of the Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981” in subsection (b)(2)(B) and inserting in lieu thereof “after October 16, 1981,”;

3. 1982

   Veterans’ Compensation, Education, and Employment Amendments of 1982

   Pub. L. 97–306 § 408(a)(2) · 96 Stat. 1429

   1. Added · 38 U.S.C. § 5303A(d); 38 U.S.C. § 5303A(e)

      Pub. L. 97–306, § 408(a)(2), added subsec. (d)

   2. Redesignated · 38 U.S.C. § 5303A(d); 38 U.S.C. § 5303A(e)

      Pub. L. 97–306, § 408(a)(2), redesignated former subsec. (d) as (e)

   Source evidence

   Code amendment note
   Subsecs. (d), (e). Pub. L. 97–306, § 408(a)(2), added subsec. (d) and redesignated former subsec. (d) as (e).

   Enacted provision · exact public law section
   (2) by redesignating subsection (d) as subsection (e) and inserting after subsection (c) the following new subsection (d): “(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 Veterans’ Administration), 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 on or after the date of the enactment of this subsection 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 10 USC 1171. 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) of the Social Security Act (42 U.S.C. 429(a)), for any calendar quarter beginning on or after the date of the enactment of this subsection, or (ii) title 5 other than a benefit based on meeting the definition of preference eligible in section 5 USC 2108. 2108(3) of such title.”; and

4. 1982

   Veterans’ Compensation, Education, and Employment Amendments of 1982

   Pub. L. 97–306 § 408(a)(3) · 96 Stat. 1429

   Added · 38 U.S.C. § 5303A(f)

   Pub. L. 97–306, § 408(a)(3), added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 97–306, § 408(a)(3), added subsec. (f).

   Enacted provision · exact public law section
   (3) by adding at the end the following new subsection: “(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.”.

5. 1986

   Pub. L. 99–576 title III § 321(11) · 100 Stat. 3248

   Added · 38 U.S.C. § 5303A(b)(3)(F)

   Pub. L. 99–576 added subpar. (F)

   Source evidence

   Code amendment note
   Subsec. (b)(3)(F). Pub. L. 99–576 added subpar. (F).

   Enacted provision · exact public law section
   (11) Section 3103A(b)(3) is amended— (A) by striking out “or” at the end of clause (D); (B) by striking out the period at the end of clause (E) and inserting in lieu thereof “; or”; and (C) by adding at the end the following new clause: “(F) to benefits under chapter 30 of this title in the case of 38 USC 1401 et seq. a person entitled to benefits under such chapter by reason of section 1411(a)(1)(A)(ii)(II) of this title.”.

6. 1988

   Veterans’ Benefits and Programs Improvement Act of 1988

   Pub. L. 100–689 title I § 102(b)(3) · 102 Stat. 4161

   Amended · 38 U.S.C. § 5303A(b)(3)(F)

   Pub. L. 100–689 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “to benefits under chapter 30 of this title in the case of a person entitled to benefits under such chapter by reason of section 1411(a)(1)(A)(ii)(II) of this title.”

   Source evidence

   Code amendment note
   Subsec. (b)(3)(F). Pub. L. 100–689 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “to benefits under chapter 30 of this title in the case of a person entitled to benefits under such chapter by reason of section 1411(a)(1)(A)(ii)(II) of this title.”

   Enacted provision · exact public law section
   (3) Clause (F) of section 3103A(b)(3) is amended to read as follows: “(F) to benefits under chapter 30 of this title by reason of— “(i) a discharge or release from active duty for the convenience of the Government, as described in sections 1411(a)(1)(A)(ii)(II) and 1412(b)(1)(A)(iv) of this title; “(i) a discharge or release from active duty for a medical condition which preexisted service on active duty and which the Administrator determines is not service connected, as described in clauses (A)(ii)(I) and (B)(ii)(I) of section 1411(a)(1) of this title and in section 1412(b)(1)(A)(ii) of this title; or “(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 1411(a)(1) of this title and in section 1412(b)(1)(A)(v) of this title.”,

7. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 div. A title V § 562(a)(4) · 104 Stat. 1485

   Added · 38 U.S.C. § 5303A(b)(3)(F)(iv)

   Pub. L. 101–510 added cl. (iv)

   Source evidence

   Code amendment note
   Subsec. (b)(3)(F)(iv). Pub. L. 101–510 added cl. (iv).

   Enacted provision · exact public law section
   (4) Section 3103A(b)(3)(F) is amended— (A) by striking out “or” at the end of clause (ii); (B) by striking out the period at the end of clause (iii) and inserting in lieu thereof “; or”; and (C) by adding at the end the following: “(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 1411(a)(1)(A)(ii)(I) of this title.”.

8. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 title IV § 402(b)(1) · 105 Stat. 187

   Changed · 38 U.S.C. § 5303A

   Pub. L. 102–40 renumbered section 3103A of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–40 renumbered section 3103A of this title as this section.

   Enacted provision · exact public law section
   (1) Each section contained in any of chapters 51, 53, 55, 57, 59, 61, 71, 72, 76, 78 (as redesignated by subsection (a)), 81, 83, and 85 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

9. 1991

   Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 5303A(a)

   Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

   Enacted provision · exact public law section
   (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

10. 1991

    Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5303A(b)(1)

    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in concluding provisions.

    Enacted provision · exact public law section
    (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

11. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5303A(b)(3)(C)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(C). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

12. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5303A(b)(3)(F)(i)

    Pub. L. 102–83, § 5(c)(1), substituted “3011(a)(1)(A)(ii)(II)” and “3012(b)(1)(A)(iv)” for “1411(a)(1)(A)(ii)(II)” and “1412(b)(1)(A)(iv)”, respectively

    Source evidence

    Code amendment note
    Subsec. (b)(3)(F)(i). Pub. L. 102–83, § 5(c)(1), substituted “3011(a)(1)(A)(ii)(II)” and “3012(b)(1)(A)(iv)” for “1411(a)(1)(A)(ii)(II)” and “1412(b)(1)(A)(iv)”, respectively.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

13. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5303A(b)(3)(F)(ii)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(F)(ii). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

14. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    1. Substituted · 38 U.S.C. § 5303A(b)(3)(F)(ii)

       Pub. L. 102–83, § 5(c)(1), substituted “3011(a)(1)” for “1411(a)(1)”

    2. Substituted · 38 U.S.C. § 5303A(b)(3)(F)(ii)

       Pub. L. 102–83, § 5(c)(1), substituted “3012(b)(1)(A)(ii)” for “1412(b)(1)(A)(ii)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(c)(1), substituted “3011(a)(1)” for “1411(a)(1)” and “3012(b)(1)(A)(ii)” for “1412(b)(1)(A)(ii)”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

15. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    1. Substituted · 38 U.S.C. § 5303A(b)(3)(F)(iii)

       Pub. L. 102–83, § 5(c)(1), substituted “3011(a)(1)” for “1411(a)(1)”

    2. Substituted · 38 U.S.C. § 5303A(b)(3)(F)(iii)

       Pub. L. 102–83, § 5(c)(1), substituted “3012(b)(1)(A)(v)” for “1412(b)(1)(A)(v)”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(F)(iii). Pub. L. 102–83, § 5(c)(1), substituted “3011(a)(1)” for “1411(a)(1)” and “3012(b)(1)(A)(v)” for “1412(b)(1)(A)(v)”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

16. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5303A(b)(3)(F)(iv)

    Pub. L. 102–83, § 5(c)(1), substituted “3011(a)(1)(A)(ii)(I)” for “1411(a)(1)(A)(ii)(I)”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(F)(iv). Pub. L. 102–83, § 5(c)(1), substituted “3011(a)(1)(A)(ii)(I)” for “1411(a)(1)(A)(ii)(I)”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

17. 1991

    Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5303A(c)(1); 38 U.S.C. § 5303A(d)(1)

    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsecs. (c)(1), (d)(1). Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

    Enacted provision · exact public law section
    (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

18. 1994

    Uniformed Services Employment and Reemployment Rights Act of 1994

    Pub. L. 103–353 § 3 · 108 Stat. 3149

    Added · 38 U.S.C. § 5303A(b)(3)(G)

    Pub. L. 103–353 added subpar. (G)

    Source evidence

    Code amendment note
    Subsec. (b)(3)(G). Pub. L. 103–353 added subpar. (G).

    Enacted provision · exact public law section
    SEC. 3. EXEMPTION FROM MINIMUM SERVICE REQUIREMENTS. Section 5303A(b)(3) of title 38, United States Code, is amended— (1) by striking out “or” at the end of subparagraph (E); (2) by striking out the period at the end of subparagraph (F) and inserting in lieu thereof“; or”; and (3) by adding at the end thereof the following new subparagraph: “(G) to benefits under chapter 43 of this title”.

    Effective date note
    Amendment by Pub. L. 103–353 effective with respect to reemployments initiated on or after the first day after the 60-day period beginning Oct. 13, 1994, with transition rules, see section 8 of Pub. L. 103–353, set out as an Effective Date note under section 4301 of this title.

19. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 title IX § 908 · 108 Stat. 4645

    Inserted · 38 U.S.C. § 5303A(b)(3)(F)

    Pub. L. 103–446 inserted “or chapter 37” after “chapter 30” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(3)(F). Pub. L. 103–446 inserted “or chapter 37” after “chapter 30” in introductory provisions.

    Enacted provision · exact public law section
    SEC. 908. MINIMUM ACTIVE-DUTY SERVICE REQUIREMENT. 38 USC 5303A. Subparagraph (F) of section 5303A(b)(3) is amended by inserting “or chapter 37” after “chapter 30” in the matter preceding clause (i).

20. 1998

    Pub. L. 105–368 § 1005(b)(15)(A) · 112 Stat. 3315

    Substituted · 38 U.S.C. § 5303A(d)(2)(B)

    Pub. L. 105–368, § 1005(b)(15)(A), substituted “after October 13, 1982,” for “on or after the date of the enactment of this subsection”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(B). Pub. L. 105–368, § 1005(b)(15)(A), substituted “after October 13, 1982,” for “on or after the date of the enactment of this subsection”.

    Enacted provision · exact public law section
    (A) in paragraph (2)(B), by striking “on or after the date of the enactment of this subsection” and inserting “after October 13, 1982”; and

21. 1998

    Pub. L. 105–368 § 1005(b)(15)(B) · 112 Stat. 3315

    Substituted · 38 U.S.C. § 5303A(d)(3)(B)(i)

    Pub. L. 105–368, § 1005(b)(15)(B), substituted “after October 13, 1982,” for “on or after the date of the enactment of this subsection,”

    Source evidence

    Code amendment note
    Subsec. (d)(3)(B)(i). Pub. L. 105–368, § 1005(b)(15)(B), substituted “after October 13, 1982,” for “on or after the date of the enactment of this subsection,”.

    Enacted provision · exact public law section
    (B) in paragraph (3)(B)(i), by striking “on or after the date of the enactment of this subsection,” and inserting “after October 13, 1982,”.

22. 2016

    Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016

    Pub. L. 114–315 title VII § 703 · 130 Stat. 1536

    1. Added · 38 U.S.C. § 5303A(b)(3)(F)(H)

       Pub. L. 114–315 added subpar. (F)

    2. Redesignated · 38 U.S.C. § 5303A(b)(3)(F)(H)

       Pub. L. 114–315 redesignated former subpars. (F) and (G) as (G) and (H), respectively

    Source evidence

    Code amendment note
    Subsec. (b)(3)(F) to (H). Pub. L. 114–315 added subpar. (F) and redesignated former subpars. (F) and (G) as (G) and (H), respectively.

    Enacted provision · exact public law section
    SEC. 703. WAIVER OF MINIMUM PERIOD OF CONTINUOUS ACTIVE DUTY IN ARMED FORCES FOR CERTAIN BENEFITS FOR HOMELESS VETERANS.   Section 5303A(b)(3) is amended— (1) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and (2) by inserting after subparagraph (E) the following new subparagraph (F): “(F) to benefits under section 2011, 2012, 2013, 2044, or 2061 of this title;” .

26 of 26 references resolved to an enrolled provision