Statutory and Regulatory Legislation Determines “Veteran Status”
September 21, 2020
Authored by:
Keith King
Jeffrey King
Contributing Authors:
Brigadier General (ret) Richard Miller
Lt. Colonel (ret) John Oleson
Preface
The National Veteran Business Development Council (NVBDC) is the leading Veteran Owned Business certification non-government organization (NGO). NVBDC acts as the certification body for SD/VOBs ensuring credible documentation exists validating a business’ veteran status, ownership, and control. In addition, we provide a forum for the exchange of ideas and information between our corporate members, government agencies and certified veterans through hosting events, networking, conferences, and visiting Corporate, government and industry facilities.
NVBDC’s principal goals are to promote business opportunities for Service Disabled and Veteran Owned Businesses, first within the commercial market and then in the local, state, and federal government arenas. NVBDC supports the interests of all Veteran Owned Businesses by facilitating interaction between SD/VOBs and Corporations in support of their supplier diversity initiatives.
This document will list the specific regulatory and statutory legislation that defines “Who is a Veteran” and the qualifications required. It is the intent of the NVBDC to site these laws, seek out trends, deliver a comprehensive definition and seek the support of the corporate supplier diversity community to make policy and establish an industry standard to determine “What is a Veteran”.
This comprehensive overview was created in order to provide the supplier diversity industry with the information needed to learn the established, overly complex, and convoluted Veteran laws and to become conversant with the current regulatory and statutory codes.
Many of our veterans and family members believe that if you are receiving benefits from the Veterans Administration that you are indeed a veteran. However, compensation and Veteran status have different codes and they may not be a service-connected disabled veteran due to the VA’s Enrollment Priority Groups which provide compensation to those who have an annual income below the VA’s geographically adjusted income limit.
These numerous rules, laws and codes have created confusion for service members and corporations trying to establish an acceptable standard. The following information describes in detail each requirement necessary to determine “What is a Veteran”.
From the Beginning
On any given day, NVBDC is tasked with reviewing the infamous DD FORM 214. Commonly called the DD214, it is most often referred to as a “Certificate of Release or Discharge from Active Duty”. But in fact, this document can be requested by a service member to show the time spent on “Active Duty for Training”.
IMPORTANT: Having a DD214 does not make a person a “Veteran” because of the ability to receive a “Requested DD214”. In the military, it is a known fact that if you fail a course you have a high chance of being discharged out of the service. This is the reason training is not counted in a person’s active-duty service time and why each DD214 must be evaluated by a person highly trained in Military documentation.
To determine a veteran’s status, we ask the following questions based off the statutory and regulatory legislation:
Qualifying questions to earn “Veteran Status”
- Are you a Citizen or Permanent Resident of the United States?
Did you serve:
- In the United States Armed Forces?
- Honorably or other than “Dishonorable”?
- 24/7 on “Active Duty”?
- On “Active Duty” for training purposes only?
- On “Active Duty” for 180 consecutive days, less training?
- As a “Cadet” in an authorized US Military Academy?
- In a “Combat Zone” and awarded a campaign ribbon?
- and retire from the “Armed Forces” honorably?
- and retire from the Guard or Reserve after 20 years of service?
- and receive a discharge due to a service-connected disability?
- and receive a discharge due to Sole Survivorship?
Legislative Summary
CFR:
Code of Federal Regulations: The Code of Federal Regulations (CFR) is the codification of the general and permanent rules and regulations (sometimes called administrative law) published in the Federal Register by the executive departments and agencies of the federal government of the United States.
U.S.C.
The United States Code: is a consolidation and codification by subject matter of the general and permanent laws of the United States. It is prepared by the Office of the Law Revision Counsel of the United State House of Representatives.
“Armed Forces”
Title 10 USC § 101(a)(4)
- (4) The term “Armed Forces” means the U.S. Army, Navy, Air Force, Marine Corps, Space Force and Coast Guard.
“Citizen of the United States”
Title 46 USC § 104; Title 8 USC 1101(a)(22); Title 8 USC 1101(a)(20)
- Service Member must be a “Citizen of the United States” or “lawfully admitted for permanent residence.”
“Service Member”
Title 38 USC § 1965 (5)
- (5) The term “Service member” or “member” means:
(A) a person on active duty, active duty for training, or inactive duty training in the uniformed services in a commissioned, warrant, or enlisted rank, or grade, or as a cadet or midshipman of the United States Military Academy, United States Naval Academy, United States Air Force Academy, or the United States Coast Guard Academy.
(B) a person who volunteers for assignment to the Ready Reserve of a uniformed service and is assigned to a unit or position, in which such person may be required to perform active duty, or active duty for training, and each year will be scheduled to perform at least 12 periods of inactive duty training that is creditable for retirement purposes under Chapter 1223 of Title 10 (or under Chapter 67 of that same Title as in effect before the effective date of the Reserve Officer Personnel Management Act).
(C) a person who volunteers for assignment to a mobilization category in the Individual Ready Reserve, as defined in Section 12304(i)(1) of Title 10.
(D) a member, cadet or midshipman of the Reserve Officers Training Corps while attending field training or practice cruises.
(E) A “Member” is a person who served full-time duty as a cadet or midshipman at the United States Military Academy (USMA). Time at the USMA counts as “Active Duty Training” time.
“Active Duty”
Title 38 USC § 1965 (1)
(1) The term “Active Duty” means:
(A) Full-time duty in the Armed Forces, other than active duty for training.
(B) Full-time duty (other than for training purposes) as a commissioned officer of the Regular or Reserve Corps of the Public Health Service.
(C) Full-time duty as a commissioned officer of the National Oceanic and Atmospheric Administration.
(D) Full-time duty as a cadet or midshipman at the United States Military Academy, United States Naval Academy, United States Air Force Academy, or the United States Coast Guard Academy.
Title 38 USC § 101 (21)
(21) The term “Active Duty” means:
(A) Full-time duty in the Armed Forces, other than active duty for training.
(B) Full-time duty (other than for training purposes) as a commissioned officer of the Regular or Reserve Corps of the Public Health Service (i) on or after July 29, 1945, or (ii) before that date under circumstances affording entitlement to “full military benefits” or (iii) at any time, for the purposes of Chapter 13 of this title.
(C) Full-time duty as a commissioned officer of the National Oceanic and Atmospheric Administration, or its predecessor organization the Coast and Geodetic Survey, (i) on or after July 29, 1945, or (ii) before that date (I) while on transfer to one of the Armed Forces, or (II) while, in time of war or national emergency declared by the President, assigned to duty on a project for one of the Armed Forces in an area determined by the Secretary of Defense to be of immediate military hazard or (III) in the Philippine Islands on December 7, 1941, and continuously in such islands thereafter or (iii) at any time, for the purposes of Chapter 13 of this title.
(D) Service as a cadet at the United States Military Academy, United States Air Force Academy or United States Coast Guard Academy, or as a midshipman at the United States Naval Academy.
(E) Authorized travel to or from such duty or service.
Title 38 USC § 3002 (6)
(6) The term “Active Duty” does not include any period during which an individual:
(A) was assigned, full-time, by the Armed Forces to a civilian institution for a course of education, which was substantially the same as established courses offered to civilians.
(B) served as a cadet or midshipman at one of the service academies.
(C) served under the provisions of Section 12103(d) of Title 10 pursuant to an enlistment in the Army National Guard or the Air National Guard, or as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve or Coast Guard Reserve.
Title 38 USC § 3002 (7)
(7) The term “Active Duty” includes full-time National Guard duty first performed after June 30, 1985, by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member’s status as a member of the National Guard of a State for the purpose of organizing, administering, recruiting, instructing or training the National Guard.
Title 38 CFR § 3.6.
(b) Active Duty. This means:
(1) Full-time duty in the Armed Forces, other than active duty for training.
(2) Full-time duty (other than for training purposes) as a commissioned officer of the Regular or Reserve Corps of the Public Health Service:
(i) on or after July 29, 1945, or
(ii) before that date under circumstances affording entitlement to full military benefits, or
(iii) at any time, for the purposes of dependency and indemnity compensation.
“Active Duty = Full Time Duty”
Source: https://va.org/types-of-military-service/
Full-Time Military Service
- Active Duty service is full-time military service. This is generally what most people think of when someone indicates they were in the military. Active Duty service members are subject to duty 24 hours per day, 7 days per week, except when on leave (vacation) or pass (authorized time off). Active-duty service members serve in the Army, Air Force, Navy, Marine Corps and Coast Guard; all branches of the military falling under the direction of the U.S. Department of Defense.
Source: https://va.org/what-is-a-veteran-the-legal-definition/
- Active Duty service is simply full-time. Active Duty members are available for duty 24 hours per day, 7 days a week, with the exclusion of leave (vacation) or pass (authorized time off). Active Duty members fall under the jurisdiction of the U.S. Department of Defense and can serve in the Army, Air Force, Navy, Marine Corps and Coast Guard.
“Active Duty for Training”
ADT, ACDUTRA, ADFT, ACDIFOT, IADT, REFRADT, ADT-AT
Title 38 USC § 101(22). Definitions
(22) The term “active duty for training” means:
(A) full-time duty in the Armed Forces performed by Reserves for training purposes.
(B) full-time duty for training purposes performed as a commissioned officer of the Reserve Corps of the Public Health Service (i) on or after July 29, 1945, or (ii) before that date under circumstances affording entitlement to “full military benefits,” or (iii) at any time, for the purposes of Chapter 13 of this Title.
(C) in the case of members of the Army National Guard or Air National Guard of any State, full-time duty under Section 316, 502, 503, 504, or 505 of Title 32, or the prior corresponding provisions of law.
(D) duty performed by a member of a Senior Reserve Officers’ Training Corps program when ordered to such duty for the purpose of training or a practice cruise under Chapter 103 of Title 10 for a period of not less than four weeks which must be completed by the member before the member is commissioned.
(E) authorized travel to or from such duty. The term does not include duty performed as a temporary member of the Coast Guard Reserve.
Office General Counsel
Classification of Service—Attendance at the United States Air Force Academy Preparatory School
Characterization of an individual’s service at the United States Air Force Academy Preparatory School (USAFAPS), for purposes of entitlement to veterans’ benefits, depends upon the status in which the individual enters the USAFAPS. Service by an individual who attends the USAFAPS as a reservist called to active duty for the sole purpose of attending the USAFAPS constitutes “active duty for training.” This includes persons who are enlisted directly from civilian life or from the Air National Guard for the sole purpose of attending the USAFAPS, as well as members of reserve components who are called to active duty for this purpose.
“Active Guard and Reserve Duty”
Title 10 USC § 101(d)(6)
(d) Duty Status — The following definitions relating to duty status apply in this title:
(6) (A) The term “Active Guard and Reserve Duty” means active duty performed by a member of a reserve component of the Army, Navy, Air Force or Marine Corps, or full-time National Guard duty performed by a member of the National Guard, pursuant to an order to full-time National Guard duty, for a period of 180 consecutive days or more for the purpose of organizing, administering, recruiting, instructing or training the reserve components.
(B) Such term does not include the following:
(i) Duty performed as a member of the Reserve Forces Policy Board provided for under Section 10301 of this Title.
(ii) Duty performed as a property and fiscal officer under Section 708 of Title 32.
(iii) Duty performed for the purpose of interdiction and counter-drug activities for which funds have been provided under Section 112 of Title 32.
(iv) Duty performed as a general or flag officer.
(v) Service as a State director of the Selective Service System under Section 10(b)(2) of the Military Selective Service Act (50 U.S.C. 3809(b)(2)).
NOTE: THE NATIONAL GUARD MAY BE CALLED TO “STATE” ACTIVE DUTY OR “FEDERAL” ACTIVE DUTY. “STATE” ACTIVE DUTY DOES NOT QUALIFY AS FULL TIME FEDERAL DUTY.
“Cadets/Pre-Cadets”
Title 10 USC § 702 (e). Definition
(e) The term “academy cadet or midshipman” means:
(1) a cadet of the United States Military Academy.
(2) a midshipman of the United States Naval Academy.
(3) a cadet of the United States Air Force Academy.
(4) a cadet of the United States Coast Guard Academy.
Title 38 USC § 1965 (5)
(5) The term “member” means:
(A) a person on active duty, active duty for training or inactive duty training in the uniformed services in a commissioned, warrant, or enlisted rank, or grade, or as a cadet or midshipman of the United States Military Academy, United States Naval Academy, United States Air Force Academy or the United States Coast Guard Academy.
(B) a person who volunteers for assignment to the Ready Reserve of a uniformed service and is assigned to a unit or position in which such person may be required to perform active duty, or active duty for training, and each year will be scheduled to perform at least 12 periods of inactive duty training that is creditable for retirement purposes under Chapter 1223 of Title 10 (or under Chapter 67 of that title as in effect before the effective date of the Reserve Officer Personnel Management Act).
(C) a member, cadet or midshipman of the Reserve Officers Training Corps while attending field training or practice cruises.
Title 10 USC § 971.Service Credit: Officers may not count service performed while serving as cadet or midshipman
- Prohibition on Counting Enlisted Service Performed While at Service Academy or in Navy Reserve. The period of service under an enlistment or period of obligated service, while also performing service as a cadet or midshipman or serving as a midshipman in the Navy Reserve, may not be counted in computing, for any purpose, the length of service of an officer of an armed force or an officer in the Commissioned Corps of the Public Health Service.
- Prohibition on Counting Service as a Cadet or Midshipman. In computing length of service for any purpose, service as a cadet or midshipman may not be credited to any of the following officers:
(1) An officer of the Navy or Marine Corps.
(2) A commissioned officer of the Army or Air Force.
(3) An officer of the Coast Guard.
(4) An officer in the Commissioned Corps of the Public Health Service.
- Service as a Cadet or Midshipman Defined. — In this section, the term “service as a cadet or midshipman” means:
(1) service as a cadet at the United States Military Academy, United States Air Force Academy or United States Coast Guard Academy.
(2) service as a midshipman at the United States Naval Academy.
QUESTION PRESENTED:
Whether service consisting solely of attendance at the United States Military Academy Preparatory School or United States Naval Academy Preparatory School may be considered “active duty” for purposes of Title 38, United States Code.
We must determine whether the claimant’s service is within the definition of “active duty” for VA purposes, as that term is defined in 38 U.S.C. § 101(21). We note the provision in Section 101(21)(D) expressly including service as a cadet or midshipman at one of the service academies as “active duty” does not include within its terms service as a “pre-cadet” at a service-academy preparatory school.
Statutes provide for the establishment and operation of the service academies and establish specific criteria for attendance at those academies by cadets or midshipmen. See 10 U.S.C. §§ 4331-56 (Military Academy), 6951-74 (Naval Academy), 9331-55 (Air Force Academy); 14 U.S.C. § 181-96 (Coast Guard Academy).
Those statutes do not specifically provide for the establishment of the service academy preparatory schools and provide no basis for concluding attendance at a service academy preparatory school constitutes service as a cadet or midshipman at a service academy.
In Op. Sol. 101-53 (6-3-53), the Veterans’ Administration Solicitor noted the Naval Academy Preparatory School was a distinct entity from the Naval Academy and service at the preparatory school was not the equivalent of service at the Academy.
Accordingly, we find no authority suggesting the reference in 38 U.S.C. § 101(21)(D) to service as a cadet or midshipman at a service academy was intended to refer to service as a pre-cadet at a service-academy preparatory school.
“Combat & War Zone”
Title 26 USC § 112
(2) The term “combat zone” means any area which the President of the United States, by Executive Order, designates, for purposes of this section or corresponding provisions of prior income tax laws, as an area in which Armed Forces of the United States are, or have engaged in, combat.
(3) Service is performed in a combat zone, only if performed on or after the date designated by the President, by Executive Order, as the date of the commencing of combatant activities in such zone, and on or before the date designated by the President, by Executive Order, as the date of the termination of combatant activities in such zone.
(A) The term “combat zone” means any area which the President of the United States, by Executive Order, designates, as an area in which combatant served on active duty in the armed forces during a war, in a campaign or expedition for which a campaign badge has been authorized.
“Veteran”
Title 5 USC § 2108. Veteran; Disabled Veteran; Preference Eligible
(1) “veteran” means an individual who:
(A) served on active duty in the armed forces during a war, in a campaign or expedition for which a campaign badge has been authorized.
(B) served on active duty as defined by Section 101(21) of Title 38 at any time in the armed forces for a period of more than 180 consecutive days, any part of which occurred after January 31, 1955, and before October 15, 1976, not including service under Section 12103(d) of Title 10 pursuant to an enlistment in the Army National Guard or the Air National Guard, or as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve or Coast Guard Reserve.
(C) served on active duty as defined by Section 101(21) of Title 38 in the armed forces during the period beginning on August 2, 1990 and ending on January 2, 1992.
(D) served on active duty as defined by Section 101(21) of Title 38 at any time in the armed forces for a period of more than 180 consecutive days, any part of which occurred during the period beginning on September 11, 2001, and ending on the date prescribed by Presidential proclamation or by law as the last date of Operation Iraqi Freedom; and, except as provided under Section 2108a, who has been discharged or released from active duty in the armed forces under honorable conditions.
Title 10 USC § 12731-12741
- A “Veteran” is a person who served in the National Guard or Reserve for 20 years and retired Honorably.
Title 38 USC § 101.Definitions
For the purposes of this Title —
(2) The term “veteran” means a person who served in the active military, naval or air service, and who was discharged or released therefrom under conditions other than dishonorable.
Title 38 USC § 1301.Definitions
For the purposes of this Title —
The term “veteran” includes a person who died in the active military, naval or air service.
Title 38 CFR § 3.1. Definitions
(a) Armed Forces means the United States Army, Navy, Marine Corps, Air Force and Coast Guard, including their Reserve components.
(b) Reserve component means the Army, Naval, Marine Corps, Air Force and Coast Guard Reserves and the National and Air National Guard of the United States.
(c) Reserves means members of a Reserve component of one of the Armed Forces.
(Authority: 38 U.S.C. 501)
(e) “Veteran of any War” means any veteran who served in the active military, naval or air service during a period of war as set forth in §3.2.
(f) “Period of War” means the periods described in §3.2.
(h) “Discharge or Release” includes retirement from the active military, naval or air service.
(i) “State” means each of the several States, Territories and possessions of the United States, the District of Columbia, and Commonwealth of Puerto Rico.
(Authority: 38 U.S.C. 103(c))
(k) “Service-Connected” means, with respect to disability or death, such disability was incurred or aggravated, or the death resulted from a disability incurred or aggravated, in line of duty in the active military, naval or air service.
(l) “Nonservice-Connected” means, with respect to disability or death, such disability was not incurred or aggravated, or the death did not result from a disability incurred or aggravated, in line of duty in the active military, naval or air service.
(m) “In Line of Duty” means an injury or disease incurred or aggravated during a period of active military, naval or air service unless such injury or disease was the result of the veteran’s own willful misconduct or, for claims filed after October 31, 1990, was a result of his or her abuse of alcohol or drugs. A service department finding that injury, disease, or death occurred in line of duty will be binding on the Department of Veterans Affairs unless it is patently inconsistent with the requirements of laws administered by the Department of Veterans Affairs. Requirements as to line of duty are not met if at the time the injury was suffered, or disease contracted the veteran was:
(1) avoiding duty by desertion, or was absent without leave, which materially interfered with the performance of military duty.
(2) confined under a sentence of court-martial involving an unremitted dishonorable discharge.
(3) confined under sentence of a civil court for a felony as determined under the laws of the jurisdiction where the person was convicted by such court.
(y) “Former Prisoner of War“ The term “former prisoner of war” means a person who, while serving in the active military, naval or air service, was forcibly detained or interned in line of duty by an enemy or foreign government, the agents of either or a hostile force.
“Eligible Veteran”
Title 38 USC §4211 (4). Definitions
(4) The term “eligible veteran” means a person who:
(A) served on active duty for a period of more than 180 consecutive days and was discharged or released therefrom with other than a dishonorable discharge.
(B) was discharged or released from active duty because of a service-connected disability.
(C) as a member of a reserve component, under an order to active duty pursuant to Section 12301(a), (d), or (g), 12302, or 12304 of Title 10, served on active duty during a period of war or in a campaign or expedition for which a campaign badge is authorized and was discharged or released from such duty with other than a dishonorable discharge.
(D) was discharged or released from active duty by reason of a sole survivorship discharge (as defined in Section 1174(i) of Title 10).
“NVBDC Certification Policy and Veteran Classification Standards”
-
NVBDC Policy
- NVBDC receives official DD Form 214 (DD214) from the Service Member’s military records location via SF-180 to confirm Veteran Status.
-
Title 38 USC § 101, Title 5 USC § 2108, Title 38 USC 4211, Title 38 CFR § 3.1
- Service Member received an Honorable Discharge (HD) or Discharge Under Honorable Conditions (UHC) on their DD Form 214.
-
Title 38 USC § 101(21)(22), Title 38 USC § 1965 (1)(5), Title 38 CFR § 3.6
- Service Member “Active Duty Training” does not count toward “Active Duty” service time.
-
Title 5 USC § 2108; Title 38 USC § 101(21)(22), Title 38 USC § 1965 (1)(5), Title 38 CFR § 3.6; Title 38 USC §4211 (4)
- A “Veteran” is a person who served full-time (24/7) “Active Duty” in the United States “Armed Forces,” for a minimum of 180 Consecutive Active Duty Days, less breaks and training within.
-
Title 5 USC § 2108
- A “Veteran” is a person who was discharged or released from “active duty” who served in a “War Zone” or “Combat Zone” to which a campaign badge was awarded.
-
Title 38 USC § 4211(3)(4)
- A “Veteran” is a person who was discharged or released from “Active Duty” due to a “service-connected disability.”
-
Title 38 USC § 101(21)(22), Title 38 USC § 1965 (1)(5), Title 38 CFR § 3.6; Title 10 USC § 1174(i).
- A “Veteran” is a person who was discharged or released from “active duty” by reason of a “sole survivorship” and has served for a minimum of 180 Consecutive Active Duty Days, less training.
-
Title 38 USC § 101(21)(22), Title 38 USC § 1965 (1)(5), Title 38 CFR § 3.6
- A “Veteran” is a member of the National Guard or a Reserve component under an order to “Active Duty” pursuant to Section 12301(a), (d), or (g), 12302, or 12304 of Title 10, served on “Active Duty” during a period of war or in a campaign or expedition for which a campaign badge was awarded.
-
Title 38 USC § 1965 (1); Title 38 USC § 101 (21)
- A “Veteran” is a member who served full-time “Active Duty” (other than for training purposes) as a commissioned officer of the Regular or Reserve Corps of the Public Health Service.
“Summary”
- NVBDC defines a “Veteran” as a person who served full-time (24/7) “Active Duty” service in the United States “Armed Forces” for a minimum of 180 Consecutive Active Duty Days, less training and breaks there within according to the following statuary and regulatory Legislation:
- Title 5 USC § 2108; Title 38 USC § 101(21)(22), Title 38 USC § 1965 (1)(5), Title 38 CFR § 3.6; Title 38 USC §4211 (4)
- A “Veteran” is a person who served in the National Guard or Reserve for 20 years and retired Honorably.
Title 10 USC § 12731-12741
For further information, please contact:
Keith King [email protected]
Brigadier General (ret) Richard Miller [email protected]
Jeffrey King [email protected]
(Ph.) 313-446-6885 or 888-CERTIFIED
APPENDIX A
Characters of Separation and Discharge
DD214: Understanding Character of Discharge
Form DD-214 contains separation/discharge information which can be used by employers for screening veterans, determining eligibility of VA benefits and reenlistment. Here are the seven blocks (box 23-29) that make up the character of discharge on the long or undeleted DD-214 form.
Form DD-214 Character of Discharge Section
Note: The short or deleted dd214 form does not contain this section which is the bottom 1.5 inches of the long form DD214. Any employer who is familiar with DD214 will almost always request the undeleted report of separation (the long form). Find out how to get a copy of the long or short form DD214.
Characters of Separation/Discharge
#23: Type of Separation. This entry depends on the Character of Service (24). If block 24 is anything other than Honorable you will typically see “Discharge” or “Discharged”. Other examples include Retirement/Resume Retirement, Discharge, Release from Active Duty or Death. If member was Guard/Reserve and on AD for training you will see “Release from active duty training” or “Release from IADT” or “Released from active duty.”
#24: Character of Service. The “Character of your service” determines your eligibility for VA Benefits. There are 6 types of “discharge of character” listed on military discharges: (1)”Honorable” or “Under honorable conditions”, (2) “General under Honorable Conditions”, (3) “Other than Honorable” (OTH), (4) “Bad Conduct” (BCD), (5) “Dishonorable” (DD), (6) “Entry Level (ELS) or Non-Characterized ” The DD 214 must have a Service Characterization of anything other than dishonorable to be considered a veteran.
#24: Character of Service. The “Character of your service” determines your eligibility for VA Benefits.
There are 6 types of “discharge of character” listed on military discharges:
(1)”Honorable” or “Under honorable conditions”,
(2) “General under Honorable Conditions”,
(3) “Other than Honorable” (OTH),
(4) “Bad Conduct” (BCD),
(5) “Dishonorable” (DD),
(6) “Entry Level (ELS) or Non-Characterized ”
The DD 214 must have a Service Characterization of anything other than dishonorable to be considered a veteran.
#25: Separation Authority. Cites regulations justifying the separation which are tied to branch of service. Example. Army Regulation 600-8-24, Paragraph 2-25A.
#26: Separation Code. This coincides with section #28 (Narrative Reason for Separation) and typically refers to the expiration of a veteran’s term of service, but other reasons include pregnancy, parenthood, disability, hardship and early release to attend school. The separation codes are used in conjunction with blocks 23, 24, and 28. These codes are intended for Department of Defense (DOD) internal use. The DoD no longer releases the definition of these codes however many of the codes have been previously released and are widely accessible by prospective employers. See the Separation Codes and Separation Program Numbers that have been previously released.
#27: RE Code. Enlisted eligibility for reentry, otherwise N/A. See the reenlistment codes for each branch of service.
#28: Narrative Reason for Separation. This coincides with section #26 (Separation Code) and typically refers to the expiration of a veteran’s term of service, but other reasons include pregnancy, parenthood, disability, hardship and early release to attend school.
#29: Dates of Time Lost During This Period. Many will say “None.” Other information would apply to issues such as time absent without leave (AWOL).
#30: MEMBER REQUESTS COPY 4. At the time of separation a service member can request Member 4 version of DD Form 214 which will include blocks 23-30. It is important for service members to request this copy and retain in a secure place. If lost or not requested service members can order a Service 2 Copy which is the same as the Member 4 Copy. A Member 4 Copy cannot be replaced as that copy is typically not saved anywhere.
Eligibility for many VA benefits, including disability compensation and NSC pension, require that you separated from active service with an honorable discharge. Additionally, most individuals and employers want to see an Honorable Discharge indicated in line 24’s Character of Service in the DD 214. This type of discharge also is key to being eligible for a host of veteran’s benefits provided by federal, state and sometimes even local governments. These benefits include, but are not limited to, educational grants and loans, home grants and loans, business loans, and job preference benefits.
Disputing Your Character of Discharge
A less than honorable discharge may result in being barred from benefits or denied for employment. The Departments of the Army, Air Force, and Navy (which includes the Marine Corps), and the Coast Guard each have their own discharge review boards (DRB). The DRBs have the authority to modify or correct any discharge or dismissal from the service, unless it was the result of a general court martial. DRBs, however, have no jurisdiction over medical discharges. If you believe that your character of discharge (e.g., dishonorable, other than honorable, general) was made in error, you may request a discharge review using DD Form 293 (“Application for Review of Discharge or Separation from the Armed Forces of the United States/Application for the Review of Discharge or Dismissal from the Armed Forces of the United States”).
Apply for a Discharge Upgrade
All branches of the military consider you to have a strong case for a discharge upgrade if you can show your discharge was connected to mental health conditions, including posttraumatic stress disorder (PTSD), traumatic brain injury (TBI), sexual assault or harassment during military service, sexual orientation (including under the Don’t Ask, Don’t Tell policy).
Find out how to get a copy of a DD214.
Read more: https://militarybenefits.info/character-of-discharge/#ixzz6SB4CaOoz
Read more: https://militarybenefits.info/character-of-discharge/#ixzz6SB3tceyA
