§ 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—
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—
(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;
(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
(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.
(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—
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—
(3)
Paragraph (1) of this subsection does not apply—
(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] 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.
[1] See References in Text note below.