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38 U.S.C. § 4304 — Character of service

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

38 U.S.C. § 4304 — Character of service

A person’s entitlement to the benefits of this chapter by reason of the service of such person in one of the uniformed services terminates upon the occurrence of any of the following events: (1) A separation of such person from such uniformed service with a dishonorable or bad conduct discharge. (2) A separation of such person from such uniformed service under other than honorable conditions, as characterized pursuant to regulations prescribed by the Secretary concerned. (3) A dismissal of such person permitted under [section 1161(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1161/a&num=0&edition=prelim). (4) A dropping of such person from the rolls pursuant to [section 1161(b) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1161/b&num=0&edition=prelim).

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Source location: Title 38, Chapter 43, § 4304; chapter-043-employment-and-reemployment-rights-of-members-of-the-uniformed-services.md

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

38 U.S.C. § 7604 — Terms of agreement

An agreement between the Secretary and a participant in the Educational Assistance Program shall be in writing, shall be signed by the participant, and shall include the following provisions: (1) The Secretary’s agreement— (A) to provide the participant with educational assistance as authorized in subchapter II, III, V, VI, VIII, or IX of this chapter and specified in the agreement; and (B) to afford the participant the opportunity for employment in the Veterans Health Administration (subject to the availability of appropriated funds for such purpose and other qualifications established in accordance with [section 7402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7402&num=0&edition=prelim)). (2) The participant’s agreement— (A) to accept such educational assistance; (B) to maintain enrollment and attendance in the course of training until completed; (C) while enrolled in such course, to maintain an acceptable level of academic standing (as determined by the educational institution offering such course of training under regulations prescribed by the Secretary); and (D) after completion of the course of training, to serve as a full-time employee in the Veterans Health Administration as specified in the agreement in accordance with subchapter II, III, V, VI, VIII, or IX of this chapter. (3) A provision that any financial obligation of the United States arising out of an agreement entered into under this chapter, and any obligation of the participant which is conditioned on such agreement, is contingent upon funds being appropriated for educational assistance under this chapter. (4) A statement of the damages to which the United States is entitled under this chapter for the participant’s breach of the agree

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

38 U.S.C. § 4301 — Purposes; sense of Congress

**(a)** The purposes of this chapter are— (1) to encourage service in the uniformed services by eliminating or minimizing the disadvantages to civilian careers and employment which can result from such service; (2) to minimize the disruption to the lives of persons performing service in the uniformed services as well as to their employers, their fellow employees, and their communities, by providing for the prompt reemployment of such persons upon their completion of such service; and (3) to prohibit discrimination against persons because of their service in the uniformed services. **(b)** It is the sense of Congress that the Federal Government should be a model employer in carrying out the provisions of this chapter.

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

2 U.S.C. § 1316 — Rights and protections relating to veterans’ employment and reemployment

**(a) Employment and reemployment rights of members of uniformed services** (1) **In general** — It shall be unlawful for an employing office to— (A) discriminate, within the meaning of subsections (a) and (b) of [section 4311 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4311&num=0&edition=prelim), against an eligible employee; (B) deny to an eligible employee reemployment rights within the meaning of sections 4312 and 4313 of title 38; or (C) deny to an eligible employee benefits within the meaning of sections 4316, 4317, and 4318 of title 38. (2) **Definitions** — For purposes of this section— (A) the term “eligible employee” means a covered employee performing service in the uniformed services, within the meaning of [section 4303(13) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4303/13&num=0&edition=prelim), whose service has not been terminated upon occurrence of any of the events enumerated in [section 4304 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4304&num=0&edition=prelim), (B) the term “covered employee” includes employees of the Government Accountability Office, and (C) the term “employing office” includes the Government Accountability Office. **(b) Remedy** The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under [section 4323(d) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4323/d&num=0&edition=prelim). **(c) Regulations to implement section** (1) **In general** — The Board shall, pursuant to [section 1384 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1384&num=0&edition

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

38 U.S.C. § 4304 — Character of service

Page 1001 TITLE 38—VETERANS’ BENEFITS § 4311 absent from employment for the purpose of performing funeral honors duty as authorized by section 12503 of title 10 or section 115 of title 32.’’ Pub. L. 106–419, § 323(a)(1), as amended by Pub. L. 107–14, § 8(b)(2), struck out ‘‘and’’ after ‘‘National Guard duty,’’. 1998—Par. (3). Pub. L. 105–368 inserted at end ‘‘Such term includes any person who is a citizen, national, or permanent resident alien of the United States em- ployed in a workplace in a foreign country by an em- ployer that is an entity incorporated or otherwise orga- nized in the United States or that is controlled by an entity organized in the United States, within the mean- ing of section 4319(c) of this title.’’ 1996—Par. (16). Pub. L. 104–275 inserted ‘‘national’’ be- fore ‘‘emergency’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–275, title VII, § 701(b), Oct. 13, 2010, 124 Stat. 2887, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to— ‘‘(1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act [Oct. 13, 2010]; and ‘‘(2) all actions or complaints filed under such chap- ter 43 that are pending on or after the date of the en- actment of this Act.’’ Pub. L. 111–275, title VII, § 702(b), Oct. 13, 2010, 124 Stat. 2888, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to— ‘‘(1) any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act [Oct. 13, 2010]; and ‘‘(2) all actions or com

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