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 complaints filed under such chap- ter 43 that are pending on or after the date of the en- actment of this Act.’’ EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–14, § 8(b), June 5, 2001, 115 Stat. 36, pro- vided that the amendment made by section 8(b) is effec- tive Nov. 1, 2000, and as if included in the Veterans Ben- efits and Health Care Improvement Act of 2000, Pub. L. 106–419, as enacted. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–419, title III, § 323(c), Nov. 1, 2000, 114 Stat. 1856, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section and section 4316 of this title] shall take effect 180 days after the date of the enactment of this Act [Nov. 1, 2000].’’ EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–368, title II, § 212(c), Nov. 11, 1998, 112 Stat. 3331, provided that: ‘‘The amendments made by this section [enacting section 4319 of this title and amend- ing this section] shall apply only with respect to causes of action arising after the date of the enactment of this Act [Nov. 11, 1998].’’ EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–275 effective Oct. 13, 1994, see section 313 of Pub. L. 104–275, set out as a note under section 4301 of this title. EFFECTIVE DATE Section effective with respect to reemployments ini- tiated on or after the first day after the 60-day period beginning Oct. 13, 1994, with transition rules, see sec- tion 8 of Pub. L. 103–353, set out as a note under section 4301 of this title. § 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 regu- lations prescribed by the Secretary concerned. (3) A dismissal of such person permitted under section 1161(a) of title 10. (4) A dropping of such person from the rolls pursuant to section 1161(b) of title 10. (Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3152.) Editorial Notes PRIOR PROVISIONS Prior sections 4304 to 4306 were omitted in the general amendment of this chapter by Pub. L. 103–353. Those sections, as in effect on the day before Oct. 13, 1994, continue to apply to reemployments initiated before the end of the 60-day period beginning Oct. 13, 1994, see section 8 of Pub. L. 103–353, as amended, set out as an Effective Date under section 4301 of this title. Section 4304, added Pub. L. 93–508, title IV, § 404(a), Dec. 3, 1974, 88 Stat. 1598, § 2024; amended Pub. L. 94–286, § 2, May 14, 1976, 90 Stat. 518; Pub. L. 94–502, title VI, § 608(3), Oct. 15, 1976, 90 Stat. 2405; Pub. L. 96–466, title V, § 511, Oct. 17, 1980, 94 Stat. 2207; Pub. L. 99–576, title VII, § 701(60), Oct. 28, 1986, 100 Stat. 3296; Pub. L. 102–12, § 8(a)(1), (b)(1), Mar. 18, 1991, 105 Stat. 38; renumbered § 4304 and amended Pub. L. 102–568, title V, § 506(a), (c)(3), Oct. 29, 1992, 106 Stat. 4340, 4341, related to reem- ployment rights of persons who enlist in the Armed Forces or enter upon active duty. Another prior section 4304 was renumbered section 7604 of this title. Section 4305, added Pub. L. 93–508, title IV, § 404(a), Dec. 3, 1974, 88 Stat. 1600, § 2025; renumbered § 4305, Pub. L. 102–568, title V, § 506(a), Oct. 29, 1992, 106 Stat. 4340, directed the Secretary of Labor, through the Office of Veterans’ Reemployment Rights, to render assistance in obtaining reemployment. Section 4306, added Pub. L. 93–508, title IV, § 404(a), Dec. 3, 1974, 88 Stat. 1600, § 2026; renumbered § 4306, Pub. L. 102–568, title V, § 506(a), Oct. 29, 1992, 106 Stat. 4340, related to prior rights for reemployment in a case in which more than one person is entitled to be reem- ployed. A prior section 4307, added Pub. L. 102–25, title III, § 339(a), Apr. 6, 1991, 105 Stat. 91, § 2027; renumbered § 4307, Pub. L. 102–568, title V, § 506(a), Oct. 29, 1992, 106 Stat. 4340, related to qualification for employment po- sition, prior to repeal by Pub. L. 103–353, § 8(d)(2), Oct. 13, 1994, 108 Stat. 3176, eff. Aug. 1, 1990. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective with respect to reemployments ini- tiated on or after the first day after the 60-day period beginning Oct. 13, 1994, with transition rules, see sec- tion 8 of Pub. L. 103–353, set out as a note under section 4301 of this title. SUBCHAPTER II—EMPLOYMENT AND RE- EMPLOYMENT RIGHTS AND LIMITA- TIONS; PROHIBITIONS § 4311. Discrimination against persons who serve in the uniformed services and acts of re- prisal prohibited (a) A person who is a member of, applies to be a member of, performs, has performed, applies to