| |
|
|
|
|
| |
| Home >> VA Claims Resources >> VA Claims >> VA General Counsel Precedent Opinions |
VA General Counsel Precedent Opinions |
|
PREC 17-92 Minimum Active Duty Service Requirement
|
PREC 17-92 Minimum Active Duty Service Requirement Citation: Vet. Aff. Op. Gen. Couns. Prec. 17-92, VAOPGCPREC 17-92, 1992 QUESTION PRESENTED:
In light of 38 U.S.C. § 5303A and 38 C.F.R. § 3.12a, are individuals whose original service obligation was 24 months or more but who are separated from service for the convenience of the Government with less than 24 months of active service pursuant to a reduction-in-strength program eligible for the full
range of benefits under title 38, United States Code? HELD:
The minimum active-duty service requirements under 38 U.S.C. § 5303A and 38 C.F.R. § 3.12a for purposes of general entitlement to benefits under title 38, United States Code, are generally not fulfilled by individuals who are separated from service with less than 24 months of active service pursuant to a reduction-in-strength program. However, statutory exceptions, such as that applicable to early discharge of enlisted personnel within three months before expiration of an enlistment under 10 U.S.C. § 1171 and that applicable to entitlement to certain
education benefits under chapter 30 of title 38, United States Code, may apply.
|
|
|
|
|
|
|
|
|
|
|
|
