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38 U.S.C. § 5303B — Character of service determinations

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 5303B — Character of service determinations

**(a) Determination.—** The Secretary shall establish a process by which an individual who served in the Armed Forces and was discharged or dismissed therefrom may seek a determination from the Secretary with respect to whether such discharge or release was under a condition that bars the right of such individual to a benefit under the laws administered by the Secretary based upon the period of service from which discharged or dismissed. **(b) Provision of Information.—** If the Secretary determines under subsection (a) that an individual is barred to a benefit under the laws administered by the Secretary, the Secretary shall provide to such individual information regarding the ability of the individual to address such condition, including pursuant to [section 5303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5303&num=0&edition=prelim) and chapter 79 of title 10.

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Source file: Laws/federal/codes/united-states-code/title-38/section-5303b-character-of-service-determinations--ad697bef3a.md
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Source location: Title 38, Chapter 53, § 5303B; chapter-053-special-provisions-relating-to-benefits.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 5303 — Certain bars to benefits

**(a)** The discharge or dismissal by reason of the sentence of a general court-martial of any person from the Armed Forces, or the discharge of any such person on the ground that such person was a conscientious objector who refused to perform military duty or refused to wear the uniform or otherwise to comply with lawful orders of competent military authority, or as a deserter, or on the basis of an absence without authority from active duty for a continuous period of at least one hundred and eighty days if such person was discharged under conditions other than honorable unless such person demonstrates to the satisfaction of the Secretary that there are compelling circumstances to warrant such prolonged unauthorized absence, or of an officer by the acceptance of such officer’s resignation for the good of the service, or (except as provided in subsection (c)) the discharge of any individual during a period of hostilities as an alien, shall bar all rights of such person under laws administered by the Secretary based upon the period of service from which discharged or dismissed, notwithstanding any action subsequent to the date of such discharge by a board established pursuant to [section 1553 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1553&num=0&edition=prelim). **(b)** Notwithstanding subsection (a), if it is established to the satisfaction of the Secretary that, at the time of the commission of an offense leading to a person’s court-martial, discharge, or resignation, that person was insane, such person shall not be precluded from benefits under laws administered by the Secretary based upon the period of service from which such person was separated. **(c)** Subsection (a) shall not apply to any alien whose service was hon

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 5303B — Character of service determinations

Page 1061 TITLE 38—VETERANS’ BENEFITS § 5304 SCOPE OF EXCLUSION Pub. L. 97–306, title IV, § 408(d), Oct. 14, 1982, 96 Stat. 1446, 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 sec- tion and applies, in accordance with its terms, with re- spect 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 depart- ment, agency, or instrumentality which administers any such benefit.’’ APPLICABILITY Pub. L. 97–66, title VI, § 604(b), Oct. 17, 1981, 95 Stat. 1036, 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 per- son of any benefit provided by or pursuant to law be- fore the date of the enactment of this Act [Oct. 17, 1981]. Notwithstanding such section, a person who be- fore such date has received a certificate of eligibility from the Administrator of Veterans’ Affairs [now Sec- retary of Veterans Affairs] for benefits under chapter 37 of title 38, United States Code, is eligible for such bene- fits after such date.’’ § 5303B. Character of service determinations (a) DETERMINATION.—The Secretary shall es- tablish a process by which an individual who served in the Armed Forces and was discharged or dismissed therefrom may seek a determina- tion from the Secretary with respect to whether such discharge or release was under a condition that bars the right of such individual to a ben- efit under the laws administered by the Sec- retary based upon the period of service from which discharged or dismissed. (b) PROVISION OF INFORMATION.—If the Sec-

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