§ 5303A. — Minimum activeduty service requirement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC5303A]
TITLE 38--VETERANS' BENEFITS
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 53--SPECIAL PROVISIONS RELATING TO BENEFITS
Sec. 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 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
(G) 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) 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, Sec. 604(a)(1), Oct. 17, 1981, 95 Stat.
1035, Sec. 3103A; amended Pub. L. 97-306, title IV, Sec. 408(a), Oct.
14, 1982, 96 Stat. 1445; Pub. L. 99-576, title III, Sec. 321(11), Oct.
28, 1986, 100 Stat. 3278; Pub. L. 100-689, title I, Sec. 102(b)(3), Nov.
18, 1988, 102 Stat. 4163; Pub. L. 101-510, div. A, title V,
Sec. 562(a)(4), Nov. 5, 1990, 104 Stat. 1574; renumbered Sec. 5303A,
Pub. L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238;
Pub. L. 102-83, Secs. 4(a)(1), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991,
105 Stat. 403-406; Pub. L. 103-353, Sec. 3, Oct. 13, 1994, 108 Stat.
3169; Pub. L. 103-446, title IX, Sec. 908, Nov. 2, 1994, 108 Stat. 4678;
Pub. L. 105-368, title X, Sec. 1005(b)(15), Nov. 11, 1998, 112 Stat.
3365.)
References in Text
The Social Security Act, referred to in subsec. (d)(3)(B)(i), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified
generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public Health
and Welfare. For complete classification of this Act to the Code, see
section 1305 of Title 42 and Tables.
Amendments
1998--Subsec. (d)(2)(B). Pub. L. 105-368, Sec. 1005(b)(15)(A),
substituted ``after October 13, 1982,'' for ``on or after the date of
the enactment of this subsection''.
Subsec. (d)(3)(B)(i). Pub. L. 105-368, Sec. 1005(b)(15)(B),
substituted ``after October 13, 1982,'' for ``on or after the date of
the enactment of this subsection,''.
1994--Subsec. (b)(3)(F). Pub. L. 103-446 inserted ``or chapter 37''
after ``chapter 30'' in introductory provisions.
Subsec. (b)(3)(G). Pub. L. 103-353 added subpar. (G).
1991--Pub. L. 102-40 renumbered section 3103A of this title as this
section.
Subsec. (a). Pub. L. 102-83, Sec. 4(a)(1), substituted
``administered by the Secretary'' for ``administered by the Veterans'
Administration''.
Subsec. (b)(1). Pub. L. 102-83, Sec. 4(a)(1), substituted
``administered by the Secretary'' for ``administered by the Veterans'
Administration'' in concluding provisions.
Subsec. (b)(3)(C). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator''.
Subsec. (b)(3)(F)(i). Pub. L. 102-83, Sec. 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.
Subsec. (b)(3)(F)(ii). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted ``Secretary'' for ``Administrator''.
Pub. L. 102-83, Sec. 5(c)(1), substituted ``3011(a)(1)'' for
``1411(a)(1)'' and ``3012(b)(1)(A)(ii)'' for ``1412(b)(1)(A)(ii)''.
Subsec. (b)(3)(F)(iii). Pub. L. 102-83, Sec. 5(c)(1), substituted
``3011(a)(1)'' for ``1411(a)(1)'' and ``3012(b)(1)(A)(v)'' for
``1412(b)(1)(A)(v)''.
Subsec. (b)(3)(F)(iv). Pub. L. 102-83, Sec. 5(c)(1), substituted
``3011(a)(1)(A)(ii)(I)'' for ``1411(a)(1)(A)(ii)(I)''.
Subsecs. (c)(1), (d)(1). Pub. L. 102-83, Sec. 4(a)(1), substituted
``administered by the Secretary'' for ``administered by the Veterans'
Administration''.
1990--Subsec. (b)(3)(F)(iv). Pub. L. 101-510 added cl. (iv).
1988--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.''
1986--Subsec. (b)(3)(F). Pub. L. 99-576 added subpar. (F).
1982--Subsec. (b)(2)(B). Pub. L. 97-306, Sec. 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''.
Subsecs. (d), (e). Pub. L. 97-306, Sec. 408(a)(2), added subsec. (d)
and redesignated former subsec. (d) as (e).
Subsec. (f). Pub. L. 97-306, Sec. 408(a)(3), added subsec. (f).
Effective Date of 1994 Amendment
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.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-510 effective Oct. 19, 1984, see section
562(c) of Pub. L. 101-510 set out as a note under section 3011 of this
title.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-689 effective July 1, 1985, with respect to
individuals discharged or released for medical condition which
preexisted service on active duty or in Selected Reserve and which
Administrator determines is not service connected, and effective Oct. 1,
1987, with respect to individuals involuntarily discharged or released
for convenience of Government as a result of reduction in force, see
section 102(c) of Pub. L. 100-689, set out as a note under section 3011
of this title.
Effective Date
Section effective Oct. 17, 1981, see section 701(b)(1) of Pub. L.
97-66, set out as an Effective Date of 1981 Amendment note under section
1114 of this title.
Delayed Application of Exclusion; Additional Wages Considered Benefit
Section 408(b) of Pub. L. 97-306 provided that:
``(1) Subsection (d) of section 3103A [now 5303A] of title 38,
United States Code, as added by subsection (a)(2), shall not apply with
respect to the receipt by any person of any benefit provided by or
pursuant to law before the date of the enactment of this Act [Oct. 14,
1982].
``(2) For the purposes of paragraph (1) of this subsection,
additional wages deemed to have been paid under section 229(a) of the
Social Security Act (42 U.S.C. 429(a)) shall be considered to be a
benefit that was received by a person on the date that such person was
discharged or released from active duty (as defined in section 101(21)
of title 38, United States Code).''
Scope of Exclusion
Section 408(d) of Pub. L. 97-306 provided that: ``Section 3103A [now
5303A] of title 38, United States Code, as amended by subsection (a), is
the law with respect to the matters stated in such section and applies,
in accordance with its terms, with respect to benefits under Federal
law, regardless of the particular title of the United States Code or
other law under which any such benefit is provided or the department,
agency, or instrumentality which administers any such benefit.''
Applicability
Section 604(b) of Pub. L. 97-66 provided that: ``Section 5303A
[formerly 3103A] of title 38, United States Code, as added by subsection
(a), shall not apply with respect to the receipt by any person of any
benefit provided by or pursuant to law before the date of the enactment
of this Act [Oct. 17, 1981]. Notwithstanding such section, a person who
before such date has received a certificate of eligibility from the
Administrator of Veterans' Affairs [now Secretary of Veterans Affairs]
for benefits under chapter 37 of title 38, United States Code, is
eligible for such benefits after such date.''
Section Referred to in Other Sections
This section is referred to in section 3702 of this title; title 8
sections 1612, 1613, 1622; title 12 sections 1709, 1715k.
