PREC 2-01 Qualification for MGIB benefits under 38 U.S.C. § 3011(1)(a)(B) and 38 C.F.R. 21.7020(b)(5) when the individual had a break in active duty service Citation: Vet. Aff. Op.Gen.Couns. Prec. 2-01, VAOPGCPREC 2-01, 2001 QUESTION PRESENTED: May a veteran qualify for MGIB benefits under 38 U.S.C. § 3011(1)(a)(B) and 38 C.F.R. 21.7020(b)(5) when the individual had an interruption of active duty service after June 30, 1985, and before July 1, 1988, which was of less than 90 days in length? CONCLUSION: a. An individual having chapter 34 eligibility on December 31, 1989, must serve 3 continuous years on active duty after June 30, 1985, to become entitled to MGIB benefits under 38 U.S.C. § 3011(a)(1)(B). Although an interruption of less than 90 days during that period would not constitute a "break in service" under 38 C.F.R. § 21.7020(b)(5), it would violate the requirement that the individual have served 3 continuous years on active duty after June 30, 1985, since an interruption of any length (following a complete separation from service) would not meet the definition of "continuous active duty" under 38 C.F.R. § 21.7020(b)(6). b. To qualify for MGIB entitlement under 38 U.S.C. § 3011(a)(1)(B)(i), the individual must have served continuously on active duty from July 1, 1985, to June 30, 1988. Except as provided for certain cases of "early out" discharge covered under clause (ii) of that statute, the individual could not earn entitlement under chapter 30 on any other period of continuous active duty service. |
