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U.S. Department of Veterans Affairs: Who Is a Veteran?

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U.S. Department of Veterans Affairs: Who Is a
November 2, 2022
Veteran?
Heather M. Salazar
Veteran? Updated September 29, 2025 (R47299) Jump to Main Text of Report

Summary

The U.S. Department of Veterans Affairs (VA) provides a broad range of benefits to uniformed The U.S. Department of Veterans Affairs (VA) provides a broad range of benefits to uniformed
Analyst Veterans Policy
services veterans and certain family members. Among these benefits are monthly, tax-free services veterans and certain family members. Among these benefits are monthly, tax-free

payments to disabled veterans; health care; education benefits; housing assistance; and burial payments to disabled veterans; health care; education benefits; housing assistance; and burial
benefits. To receive any of these benefits, a former servicemember must meet certain basic benefits. To receive any of these benefits, a former servicemember must meet certain basic

criteria, including the statutory definition of criteria, including the statutory definition of veteran..
For a former servicemember to establish veteran status, generally the individual must have served in active military service For a former servicemember to establish veteran status, generally the individual must have served in active military service
for a minimum period of time and be discharged for a minimum period of time and be discharged “"under conditions other than dishonorable.under conditions other than dishonorable.”" Reservists and National Guard Reservists and National Guard
members may or may not always qualify for veteran status.members may or may not always qualify for veteran status.
This report examines the eligibility criteria for veteran status as the foundation for benefits administered by VA. This This report examines the eligibility criteria for veteran status as the foundation for benefits administered by VA. This
includes an explanation of the two statutory provisions that create the definition of includes an explanation of the two statutory provisions that create the definition of veteran, the service requirements for , the service requirements for
benefits eligibility, and an explanation of when individuals who serve in the reserve components—including the National benefits eligibility, and an explanation of when individuals who serve in the reserve components—including the National
Guard—are considered veterans eligible for VA benefits. The report ends with an appendix that differentiates between Guard—are considered veterans eligible for VA benefits. The report ends with an appendix that differentiates between
wartime and peacetime military service.


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Contents
Introduction ..................................................................................................................................... 1
Definition of Veteran ....................................................................................................................... 1
Active Military Service Requirement ....................................................................................... 2
Military Discharge Requirement ............................................................................................... 3
Service Requirements for Benefits Eligibility ................................................................................. 4
Proof of Service......................................................................................................................... 4
Length of Service ...................................................................................................................... 5
VA Character of Service Determination .................................................................................... 6
Reserve Components’ Veteran Status .............................................................................................. 7
Title 10 Service ......................................................................................................................... 8
National Guard Duty (Title 32 Service) .................................................................................... 8

Figures
Figure 1. Length of Active Duty Service Requirement ................................................................... 6

Tables
Table 1. Character of Service Upon Discharge from the Military ................................................... 3
Table 2. VA Eligibility Prior to Character of Service Determination .............................................. 7

Table A-1. Congressionally Designated Wartime Periods ............................................................... 9

Appendixes
Appendix. Wartime vs. Peacetime Military Service ........................................................................ 9

Contacts
Author Information ........................................................................................................................ 10


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Introduction
wartime and peacetime military service.

Introduction

To be eligible for most benefits from the Department of Veterans Affairs (VA), the claimant must To be eligible for most benefits from the Department of Veterans Affairs (VA), the claimant must
be a veteran or, in some circumstances, a survivor or dependent of a veteran. By statute, be a veteran or, in some circumstances, a survivor or dependent of a veteran. By statute, veteran
is defined as a is defined as a “"person who served in the active military, naval, air, or space service, and who was person who served in the active military, naval, air, or space service, and who was
discharged or released therefrom under conditions other than dishonorable.discharged or released therefrom under conditions other than dishonorable.”1 "1 For a former For a former
servicemember to establish veteran status, generally the individual must have completed active servicemember to establish veteran status, generally the individual must have completed active
military service for a minimum period of time, which is usually the lesser of the full period the military service for a minimum period of time, which is usually the lesser of the full period the
individual was ordered to active duty or 24 months, and be discharged individual was ordered to active duty or 24 months, and be discharged “"under conditions other under conditions other
than dishonorable.than dishonorable.”2
"2 Former servicemembers may also need to meet other Former servicemembers may also need to meet other requirements (see "“Service Requirements for Benefits
Eligibility”Eligibility") such as proof of service, length of service, and specific character of military service such as proof of service, length of service, and specific character of military service
discharge requirements. This report explains these requirements, along with the two components discharge requirements. This report explains these requirements, along with the two components
of the statutory definition of of the statutory definition of veteran. It then breaks down the requirements for reservists and . It then breaks down the requirements for reservists and
National Guard members to be eligible for VA benefits as veterans National Guard members to be eligible for VA benefits as veterans based on service during federal active duty or in during federal active duty or in
certain instances of active duty for training or inactive duty certain instances of active duty for training or inactive duty for training. Finally, the report ends training. Finally, the report ends
with an appendix that explains the difference between wartime and peacetime military service, as with an appendix that explains the difference between wartime and peacetime military service, as
for some VA benefits this distinction in service is important.for some VA benefits this distinction in service is important.
Definition of Veteran
The statutory definition of The statutory definition of veteran contains two key provisions that a servicemember must meet contains two key provisions that a servicemember must meet
to be considered a veteran by law. First, the servicemember must have served and completed to be considered a veteran by law. First, the servicemember must have served and completed
“"active military, naval, air, or space service.active military, naval, air, or space service.” Active" Active military, naval, air, or space service33
includes:
 Active duty;
includes Active duty; Any period of active duty for training during which the individual was disabled Any period of active duty for training during which the individual was disabled
or died from a disease or injury incurred or aggravated in line of duty; andor died from a disease or injury incurred or aggravated in line of duty; and
Any period of inactive duty training during which the individual was disabled or diedAny period of inactive duty training during which the individual was disabled or died
from an injury incurred or aggravated in line of duty; orfrom an injury incurred or aggravated in line of duty; or
from an acute myocardial infarction, a cardiac arrest, or a cerebrovascular from an acute myocardial infarction, a cardiac arrest, or a cerebrovascular
accident occurring during such training.accident occurring during such training.4
4Additional explanations of these types of active military service are found in the Additional explanations of these types of active military service are found in the "“Active Military
Service Requirement” " section of this report.section of this report.
The second provision is that Second, a servicemember must be discharged from service under a servicemember must be discharged from service under “"other than other than
dishonorable conditions.dishonorable conditions.”" That definition includes discharge statuses that have been upgraded That definition includes discharge statuses that have been upgraded

1 38 U.S.C. §101(2). Space service refers to individuals who serve in the U.S. Space Force and not individuals
employed by NASA.
2 In limited circumstances, the Secretary of Defense was authorized to grant “veteran” status to members of certain
civilian groups or contractors by the GI Bill Improvement Act of 1977 (P.L. 95-202). In 1979, the Department of
Defense (DOD) issued a final rule to implement P.L. 95-202. See Office of the Secretary of Defense, “PART 47—
Determinations of Active Military Service and Discharge,” 44 Federal Register 11220, February 28, 1979. See also
CRS In Focus IF12242, Veteran Status Based on Service with Certain Civilian Groups.
3 Hereinafter referred to as “active military service.”
4 38 U.S.C. §101(24).
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from dishonorable to something other than dishonorable or reviewed by VA through its character from dishonorable to something other than dishonorable or reviewed by VA through its character
of discharge process. More details on this criterion of discharge process. More details on this criterion isare found in the found in the "“Military Discharge
Requirement” Requirement" section of this report.section of this report.
Active Military Service Requirement
To establish veteran status, a servicemember must satisfy the statutory requirement of To establish veteran status, a servicemember must satisfy the statutory requirement of “"active active
military, naval, air, or space service.military, naval, air, or space service.”" This requirement may encompass one or a combination of This requirement may encompass one or a combination of
three types of servicethree types of service: : "Active Duty for Training " (in certain circumstances),(in certain circumstances), "Inactive Duty for
Training Training" (in certain circumstances), and (in certain circumstances), and Active Dutyactive duty. VA reviews the former servicemember. VA reviews the former servicemember’s
's service records to determine whether the service meets one of these categories. If a former service records to determine whether the service meets one of these categories. If a former
servicemember has more than one period of service, the determination of status may differ for servicemember has more than one period of service, the determination of status may differ for
each period.each period.
Active Duty for Training5
A period of active duty for training constitutes active military service only if, during that period, A period of active duty for training constitutes active military service only if, during that period,
the servicemember was disabled or died from an injury or disease incurred or aggravated in the the servicemember was disabled or died from an injury or disease incurred or aggravated in the
line of duty. Active duty for training includesline of duty. Active duty for training includes:
full-time duty for training performed by reservistsfull-time duty for training performed by reservists;6
6; full-time duty for training purposes as a commissioned officer in the Reserve full-time duty for training purposes as a commissioned officer in the Reserve
Corps of the Public Health ServiceCorps of the Public Health Service;7
7; full-time training duty by members of the Air or Army National Guardfull-time training duty by members of the Air or Army National Guard;8
8; duty by members of the Senior Reserve Officersduty by members of the Senior Reserve Officers’' Training Corps (ROTC) Training Corps (ROTC)
program on field training or practice cruiseprogram on field training or practice cruise9;;9 and and
authorized travel to and from duty for training.authorized travel to and from duty for training.10
10This training includes the servicemember receiving initial training or advanced individual training This training includes the servicemember receiving initial training or advanced individual training
as well as acquiring or maintaining his or her military skills throughout service.as well as acquiring or maintaining his or her military skills throughout service.
Inactive Duty for Training11
A period of inactive duty A period of inactive duty for training constitutes active military service only when the training constitutes active military service only when the
servicemember was disabled or died from an injury—but not a disease—incurred or aggravated servicemember was disabled or died from an injury—but not a disease—incurred or aggravated
in the line of duty or from certain health conditions incurred during the training. Inactive duty in the line of duty or from certain health conditions incurred during the training. Inactive duty for
training includes:
training includes
  • duty, other than full-time duty, for reservists12;
  • other duties authorized for reservists performed on a voluntary basis13;
    • duty, other than full-time duty, for reservists;12

    5 38 U.S.C. §101(22).
    6 38 U.S.C. §101(22)(A); 38 C.F.R. §3.6(c)(1).
    7 38 U.S.C. §101(22)(B); 38 C.F.R. §3.6(c)(2).
    8 38 U.S.C. §101(22)(C); 38 C.F.R. §3.6(c)(3).
    9 38 U.S.C. §101 (22)(D); 38 C.F.R. §3.6(c)(4).
    10 38 U.S.C. §101(22)(E); 38 C.F.R. §3.6(c)(6).
    11 38 U.S.C. §101(23).
    12 38 U.S.C. §101(23)(A); 38 C.F.R. §3.6(d)(1).
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     other duties authorized for reservists performed on a voluntary basis;13
    training (other than active duty for training) by a member of, or applicant for training (other than active duty for training) by a member of, or applicant for
    membership in, Senior ROTCmembership in, Senior ROTC14;;14 and and
    duty, other than full-time, for members of the Air or Army National Guard.duty, other than full-time, for members of the Air or Army National Guard.15
    15This training may also include special additional duties performed during training or maintenance This training may also include special additional duties performed during training or maintenance
    activities for the units activities for the units to which the servicemember is assignedthe servicemember is assigned to. For National Guard members this . For National Guard members this
    training may also include unit training assemblies.training may also include unit training assemblies.
    Active Duty16
    Generally, Generally, active dutyactive duty for the purpose of determining active military service means full-time duty, for the purpose of determining active military service means full-time duty,
    other than active duty for training, as a member of the Army, Navy, Air Force, Marine Corps, other than active duty for training, as a member of the Army, Navy, Air Force, Marine Corps,
    Coast Guard, and Space Force, including active duty in the reserve components. It also includes Coast Guard, and Space Force, including active duty in the reserve components. It also includes
    full-time duty (other than for training purposes) as a commissioned officer of the Public Health full-time duty (other than for training purposes) as a commissioned officer of the Public Health
    Service and as a commissioned officer of the National Oceanic and Atmospheric Administration Service and as a commissioned officer of the National Oceanic and Atmospheric Administration
    or its predecessors. Additionally, service as a cadet at the U.S. Military, Air Force, or Coast Guard or its predecessors. Additionally, service as a cadet at the U.S. Military, Air Force, or Coast Guard
    Academies or as a midshipman at the U.S. Naval Academy qualifies as active duty. Finally, Academies or as a midshipman at the U.S. Naval Academy qualifies as active duty. Finally,
    authorized travel to or from duty or service of any of the individuals described in this section is authorized travel to or from duty or service of any of the individuals described in this section is
    considered active duty.considered active duty.
    Military Discharge Requirement
    In addition to meeting the active military service requirements, a former servicemember must also In addition to meeting the active military service requirements, a former servicemember must also
    be separated from military service be separated from military service “"under conditions other than dishonorable.under conditions other than dishonorable.”17"17 A veteran A veteran’s
    's service branch determines the character of the veteranservice branch determines the character of the veteran’'s service at discharge, which is reported on s service at discharge, which is reported on
    the Certificate of Release or Discharge, more commonly referred to as a DD Form 214, provided the Certificate of Release or Discharge, more commonly referred to as a DD Form 214, provided
    by the Department of Defense (DOD). Generally, DOD defines five service characterizations as by the Department of Defense (DOD). Generally, DOD defines five service characterizations as
    seen inseen in Table 1:
    Table 1. Character of Service Upon Discharge from the Military
    Type of Discharge
    Description
    Honorable

    Honorable

    Servicemembers who receive a rating from good to excellent for their service and Servicemembers who receive a rating from good to excellent for their service and
    meet or exceed their required standards of duty performance and personal conduct.meet or exceed their required standards of duty performance and personal conduct.
    General (Under

    General (Under Honorable Conditions)

    Servicemembers whose performance is satisfactory but may have several incidents Servicemembers whose performance is satisfactory but may have several incidents
    Honorable Conditions)
    contrary to the performance and expected conduct of military servicemembers.contrary to the performance and expected conduct of military servicemembers.
    Other Than HonorableOther Than Honorable
    Servicemembers whose conduct and actions are a serious departure from the proper Servicemembers whose conduct and actions are a serious departure from the proper
    conduct of military members. Typically, these discharges are given to servicemembers conduct of military members. Typically, these discharges are given to servicemembers
    convicted in civilian courts.convicted in civilian courts.
    Bad Conduct

    Bad Conduct

    Servicemembers who receive punishment from court-martial. This is a disciplinary Servicemembers who receive punishment from court-martial. This is a disciplinary
    discharge roughly equivalent to a civilian misdemeanor.

    13 38 U.S.C. §101(23)(B); 38 C.F.R. §3.6(d)(2).
    14 38 U.S.C. §101(23)(C); 38 C.F.R. §3.6(d)(3).
    15 38 U.S.C. §101(23); 38 C.F.R. §3.6(d)(4).
    16 38 U.S.C. §101(21).
    17 38 U.S.C. §101(2); 38 C.F.R. §3.12(a). For more details on DOD’s policy on discharge statuses, see “Separation,
    Discharge, and Discharge Review” in CRS Report R46107, FY2020 National Defense Authorization Act: Selected
    Military Personnel Issues    .
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    Type of Discharge
    Description
    Dishonorable
    discharge roughly equivalent to a civilian misdemeanor.

    Dishonorable

    Servicemembers who receive disciplinary discharge for actions and behaviors seen as Servicemembers who receive disciplinary discharge for actions and behaviors seen as
    severe and reprehensible to the proper conduct of the military. Offenses that can severe and reprehensible to the proper conduct of the military. Offenses that can
    result in a sentence of dishonorable discharge are equivalent to civilian felonies.result in a sentence of dishonorable discharge are equivalent to civilian felonies.
    Source: Table created by CRS using information from: DOD, Table created by CRS using information from: DOD, Instruction 1332.14, Enlisted Administrative
    Separations    , April 12, 2019; DOD, , April 12, 2019; DOD, Instruction 1332.30, Commissioned Officer Administrative Separations, September , September
    9, 2021.9, 2021.
    Notes: This table defines only the types of discharge most relevant to VA benefits claims.This table defines only the types of discharge most relevant to VA benefits claims.
    Servicemembers who receive honorable or general (under honorable conditions) discharges are Servicemembers who receive honorable or general (under honorable conditions) discharges are
    generally eligible for VA benefits. For servicemembers who receive other kinds of discharge, VA generally eligible for VA benefits. For servicemembers who receive other kinds of discharge, VA
    reviews their service records to determine if they would be eligible for VA benefits through the reviews their service records to determine if they would be eligible for VA benefits through the
    "“VA Character of Service Determination” " process, which is covered later in this report.process, which is covered later in this report.
    Service Requirements for Benefits Eligibility
    Other requirements may be needed in order to be eligible to claim specific VA benefits. First, the Other requirements may be needed in order to be eligible to claim specific VA benefits. First, the
    veteran or eligible family veteran or eligible family member18member18 must demonstrate must demonstrate eligibility for veterans for veterans’' benefits in general. benefits in general.
    For non-veteran claimants, the eligibility requirement also includes whether the claimant is an For non-veteran claimants, the eligibility requirement also includes whether the claimant is an
    eligible dependent of the veteran. Second, the veteran must establish eligible dependent of the veteran. Second, the veteran must establish entitlement to the particular to the particular
    benefit being sought. For example, to be entitled to receive disability compensation, a veteran benefit being sought. For example, to be entitled to receive disability compensation, a veteran
    must provide sufficient evidence of certain elements (e.g., current diagnosis, medical evidence of must provide sufficient evidence of certain elements (e.g., current diagnosis, medical evidence of
    an in-service occurrence, and link between the in-service occurrence and the current disability). an in-service occurrence, and link between the in-service occurrence and the current disability).
    Proof of service, length of service, and character of service are all important requirements for VA Proof of service, length of service, and character of service are all important requirements for VA
    benefits eligibility.benefits eligibility.
    Proof of Service
    VA requires a VA requires a “"genuine and accurategenuine and accurate”" copy of the veteran copy of the veteran’'s military service records to determine s military service records to determine
    eligibility for VA benefits regardless of whether the claimant is the veteran or the eligibility for VA benefits regardless of whether the claimant is the veteran or the
    spouse/dependent. The copy of the original record must bespouse/dependent. The copy of the original record must be:
    issued by the former servicememberissued by the former servicemember’'s military service branch;s military service branch;
    issued by a public custodian of records (the individual responsible for issued by a public custodian of records (the individual responsible for
    maintaining an agencymaintaining an agency’'s or organizations or organization’'s records) who certifies that it is a true s records) who certifies that it is a true
    and exact copy of the document;and exact copy of the document;
    submitted by an accredited agent, attorney, or service representative with VA submitted by an accredited agent, attorney, or service representative with VA
    training on military records who certifies that it is a copy of the original training on military records who certifies that it is a copy of the original
    document or copy issued by a service department or public custodian of records; document or copy issued by a service department or public custodian of records;
    or
    or uncertified but determined by VA to be satisfactory and free from alteration.uncertified but determined by VA to be satisfactory and free from alteration.19
    19 Military service records document the length, dates, and character of the military service.Military service records document the length, dates, and character of the military service.2020 If not If not
    provided, or if the submitted material does not meet VA requirements, VA provided, or if the submitted material does not meet VA requirements, VA “"shall request verification of service from the service department."21shall request

    18 From here on, the word claimant will be used to identify the individual applying for benefits. This could be the
    veteran, an eligible spouse or child, or, in some situations, a parent.
    19 38 C.F.R. §§3.203(a)(1).
    20 38 C.F.R. §3.203(a)(2)-(3).
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    verification of service from the service department.”21 VA uses these records to verify several VA uses these records to verify several
    elements of the military service record, including active military service, length of service, and elements of the military service record, including active military service, length of service, and
    military discharge status.military discharge status.
    Length of Service
    Veterans who entered service prior to September 8, 1980, were not subject to a minimum length Veterans who entered service prior to September 8, 1980, were not subject to a minimum length
    of service requirement for VA benefits eligibility except for certain programs, such as the of service requirement for VA benefits eligibility except for certain programs, such as the
    Vietnam-era educational benefits. Prior to September 8, 1980, servicemembers needed one day of Vietnam-era educational benefits. Prior to September 8, 1980, servicemembers needed one day of
    active military service to qualify for VA benefits. Individuals who initially enlisted (not including active military service to qualify for VA benefits. Individuals who initially enlisted (not including
    officers) in the service on or after September 8, 1980, and who do not have service-connected officers) in the service on or after September 8, 1980, and who do not have service-connected
    disabilities are generally required to have a continuous 24-month length of service to be eligible disabilities are generally required to have a continuous 24-month length of service to be eligible
    for VA benefits. The same requirement applies to officers and enlisted servicemembers who (1) for VA benefits. The same requirement applies to officers and enlisted servicemembers who (1)
    entered active military service after October 16, 1981, and (2) had not already completed a entered active military service after October 16, 1981, and (2) had not already completed a
    previous 24-month period of active military service.previous 24-month period of active military service.22
    22 Figure 1 demonstrates how VA determines whether a former servicemember meets the minimum demonstrates how VA determines whether a former servicemember meets the minimum
    active active-duty requirements for duty requirements for benefitsbenefit eligibility. If the former servicemember completed less than 24 months . If the former servicemember completed less than 24 months
    of continuous active military service but nonetheless completed the full period for which he or of continuous active military service but nonetheless completed the full period for which he or
    she was called or ordered to active duty, that service would count and the requirement would be she was called or ordered to active duty, that service would count and the requirement would be
    met. If the former servicemember was separated under a hardship discharge or early discharge, met. If the former servicemember was separated under a hardship discharge or early discharge,
    medically discharged due to a service-connected disability, or medically retired from service, the medically discharged due to a service-connected disability, or medically retired from service, the
    24-month requirement does not apply.24-month requirement does not apply.2323 For a National Guard For a National Guard andor reserve member who did not reserve member who did not
    complete a continuous 24-month period of active military service but served the full period for complete a continuous 24-month period of active military service but served the full period for
    which he or she was called up to active duty, this service counts as active military service, and the which he or she was called up to active duty, this service counts as active military service, and the
    24-month requirement does not apply.

    21 38 C.F.R. §3.203(c).
    22 38 U.S.C. §5303A.
    23 10 U.S.C. §1173; 10 U.S.C. §1171; 38 U.S.C. §5303A.
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    24-month requirement does not apply.

    Figure 1. Length of Active -Duty Service Requirement
    Applies to Veterans with Service That Began on or After September 8, 1980Applies to Veterans with Service That Began on or After September 8, 1980

    Source: CRS, reproduced from Section 2.3.2 of the National Veterans Legal Services ProgramCRS, reproduced from Section 2.3.2 of the National Veterans Legal Services Program’'s s Veterans Benefits
    Manual 2021-2022    .
    2022-2023. VA Character of Service Determination24
    Determination24 VA uses the servicememberVA uses the servicemember’'s character of service upon discharge described ins character of service upon discharge described in Table 1 as a basis as a basis
    to review eligibility for VA benefits. Table 2 lists VA’s initial response to each type of service,

    24 VA also refers to this as a characterization of discharge determination. The idea and processes are the same in
    determining VA benefits. In some situations, a servicemember has served more than one period of enlistment. In that
    case, different discharge categories may be specified for each period. See VA, Veterans Benefits Administration,
    “Claims for VA Benefits and Character of Discharge,” https://www.benefits.va.gov/BENEFITS/docs/
    COD_Factsheet.pdf.
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    subject to further reviewto review eligibility for VA benefits. Generally, a veteran must receive either an honorable or general . Generally, a veteran must receive either an honorable or general
    discharge to be eligible for VA benefits and programs. Veterans who receive other types of discharge to be eligible for VA benefits and programs. Veterans who receive other types of
    discharges may not be eligible for VA benefits or programs. In those cases, the individualdischarges may not be eligible for VA benefits or programs. In those cases, the individual’s
    's application would undergo a VA character of discharge determination.application would undergo a VA character of discharge determination.
    Table 2. VA Eligibility Prior to Character of Service Determination
    Types of Service Characterizations
    Administrative (Separation Process)
    Punitive (Court-Martial)
    General or Under
    Other Than
    Bad Conduct
    Dismissal or
    Honorable
    Honorable Conditions
    Honorable
    Discharge
    Dishonorable Discharge
    VA Presumption of Eligibility
    VA Presumption of Ineligibility
    Source: Table created by CRS.
    When making a character of service determination, VA assesses the veteranWhen making a character of service determination, VA assesses the veteran’'s entire period of s entire period of
    military service. In some cases, the veteran may have multiple periods of service with different military service. In some cases, the veteran may have multiple periods of service with different
    service characterizations. In such cases, only those periods resulting in less than honorable service characterizations. In such cases, only those periods resulting in less than honorable
    discharges go through the review process. VAdischarges go through the review process. VA’'s review process cannot result in a discharge s review process cannot result in a discharge
    upgrade, as that can take place only through DOD military review boards.upgrade, as that can take place only through DOD military review boards.2525 Instead, VA Instead, VA’s
    's assessment could lead to VA determining that the veteranassessment could lead to VA determining that the veteran’'s record falls into one of three s record falls into one of three
    categories, rendering the veteran eligible for partial or full benefits:categories, rendering the veteran eligible for partial or full benefits:
    1. 1. Honorable for VA benefits: The evidence provided by a former servicemember The evidence provided by a former servicemember
    supports a determination that the veteransupports a determination that the veteran’'s service was honorable for VA s service was honorable for VA
    purposes. Such a determination establishes basic eligibility for all benefits purposes. Such a determination establishes basic eligibility for all benefits
    administered by the VA so long as all other requirements are met.administered by the VA so long as all other requirements are met.
    2. Health care eligible 2. Health care eligible: VA uses the guidance given in Title 38, Section 1710, of VA uses the guidance given in Title 38, Section 1710, of
    the the U.S. Code, , “"Hospital, Nursing Home, Domiciliary, and Medical Care,Hospital, Nursing Home, Domiciliary, and Medical Care,”" to to
    determine if a former servicememberdetermine if a former servicemember’'s discharge is considered other than s discharge is considered other than
    honorable. An other than honorable determination can result in the denial of honorable. An other than honorable determination can result in the denial of
    access to benefits; however, a former servicemember with such a discharge might access to benefits; however, a former servicemember with such a discharge might
    still be permitted to qualify for health care for service-connected disabilities.still be permitted to qualify for health care for service-connected disabilities.26 3. 26
    3. Dishonorable for VA Benefitsbenefits: A determination that the circumstances A determination that the circumstances
    surrounding a former servicemembersurrounding a former servicemember’'s discharge bar that individual from s discharge bar that individual from
    receiving any benefits or services provided by VA.receiving any benefits or services provided by VA.
    Reserve Components’' Veteran Status
    Some members of the reserve components—including the National Some members of the reserve components—including the National Guard27Guard27—do not meet the —do not meet the
    active military service and length of service requirements due to the nature of service performed active military service and length of service requirements due to the nature of service performed
    with with the either the reserves or National Guard. However, a member of the reserve components either the reserves or National Guard. However, a member of the reserve components
    who is activated for federal military service and either serves the entire activation period or meets who is activated for federal military service and either serves the entire activation period or meets

    25 For more information on military discharge review boards, see “Separation, Discharge, and Discharge Review”
    section of CRS Report R46107, FY2020 National Defense Authorization Act: Selected Military Personnel Issues.
    26 38 U.S.C. §1710; P.L. 95-126 §2, S. 1307, 95th Congress.
    27 Hereinafter, reserve components will be used to describe the National Guard and reserves unless otherwise
    distinguished. See 10 U.S.C. §10101 for defining reserve components as including the National Guard; and 38 U.S.C.
    §101(27), which defines reserve component to include the National Guard.
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    the length of service requirement is generally considered a veteran for purposes of VA benefits. In the length of service requirement is generally considered a veteran for purposes of VA benefits. In
    addition, a member of a reserve component who has not served on active duty can establish addition, a member of a reserve component who has not served on active duty can establish
    veteran status in limited situations during active duty veteran status in limited situations during active duty for training or inactive duty training. training or inactive duty training. Members of National National
    Guard and reserve components may meet the Guard and reserve components may meet the “"active military serviceactive military service”" requirements through requirements through
    different kinds of service. In 2016, Congress passed the Jeff Miller and Richard Blumenthal different kinds of service. In 2016, Congress passed the Jeff Miller and Richard Blumenthal
    Veterans Health Care and Benefits Improvement Act (P.L. 114-315), which granted Veterans Health Care and Benefits Improvement Act (P.L. 114-315), which granted “honorary”
    "honorary" veteran status to those National Guard and reserve members with 20 or more years of service but veteran status to those National Guard and reserve members with 20 or more years of service but
    no active duty. The law does not grant access to any VA benefits as stated in Section 305 of the no active duty. The law does not grant access to any VA benefits as stated in Section 305 of the
    law.law.
    Title 10 Service
    Members of the reserve components serve on active duty when activated by the President of the Members of the reserve components serve on active duty when activated by the President of the
    United States under various provisions of Title 10 of the United States under various provisions of Title 10 of the U.S. Code. When serving on active duty, . When serving on active duty,
    reserve component members are paid by the federal government. With the exception of active reserve component members are paid by the federal government. With the exception of active
    duty for training, a reserve component member would satisfy the active military service criterion duty for training, a reserve component member would satisfy the active military service criterion
    for veteran status by having performed for veteran status by having performed “"active military, naval, air, or space service.active military, naval, air, or space service.”
    " A period of active duty for training or inactive duty A period of active duty for training or inactive duty for training under Title 10 typically does not training under Title 10 typically does not
    satisfy the active military service requirement for establishing veteran status. However, a period satisfy the active military service requirement for establishing veteran status. However, a period
    of active or inactive duty of active or inactive duty for training may qualify as active military service if the servicemember training may qualify as active military service if the servicemember
    meets one of the following disability requirements:meets one of the following disability requirements:
    Completion of a period of active duty for training, including authorized travel to Completion of a period of active duty for training, including authorized travel to
    or from such duty, if the servicemember becomes disabled or dies from an injury or from such duty, if the servicemember becomes disabled or dies from an injury
    or disease incurred or aggravated during that period of duty.or disease incurred or aggravated during that period of duty.
    Completion of a period of inactive duty training if the servicemember member Completion of a period of inactive duty training if the servicemember member
    becomes disabled or dies from an injury (but not disease) incurred or aggravated becomes disabled or dies from an injury (but not disease) incurred or aggravated
    during that period of duty or from a heart attack or stroke during that period of during that period of duty or from a heart attack or stroke during that period of
    duty.duty.
    National Guard Duty (Title 32 Service)
    Members of the National Guard can be activated under Title 32 of the Members of the National Guard can be activated under Title 32 of the U.S. Code for activities for activities
    including, but not limited to, the COVID-19 pandemic or other public health response support, including, but not limited to, the COVID-19 pandemic or other public health response support,
    disaster relief, and homeland defense. Unlike active duty, disaster relief, and homeland defense. Unlike active duty, wherewherein the servicemember is under the the servicemember is under the
    control of the President, those called up under Title 32 remain under control of their statescontrol of the President, those called up under Title 32 remain under control of their states’
    ' governors. Payment for this service is from the federal government.governors. Payment for this service is from the federal government.
    National Guard duty under Title 32 typically does not qualify members for veteran status. National Guard duty under Title 32 typically does not qualify members for veteran status.
    However, they could qualify as veterans while serving in Title 32 status and conducting However, they could qualify as veterans while serving in Title 32 status and conducting “active active
    duty for training or inactive duty duty for training or inactive duty for training”training if they meet one of the following disability if they meet one of the following disability
    requirements:requirements:
    Completion of a period of active duty for training, including authorized travel to Completion of a period of active duty for training, including authorized travel to
    or from such duty, if the National Guard member becomes disabled or dies from or from such duty, if the National Guard member becomes disabled or dies from
    an injury or disease incurred or aggravated during that period of duty.an injury or disease incurred or aggravated during that period of duty.
    Completion of a period of inactive duty training, such as weekend drills, if the Completion of a period of inactive duty training, such as weekend drills, if the
    National Guard member becomes disabled or dies from an injury (but not National Guard member becomes disabled or dies from an injury (but not
    disease) incurred or aggravated during that period of duty or from a heart attack disease) incurred or aggravated during that period of duty or from a heart attack
    or stroke during that period of duty.
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    or stroke during that period of duty.Appendix. Wartime vs. Peacetime Military Service
    All military service is classified as either wartime or peacetime. The type of service may affect a All military service is classified as either wartime or peacetime. The type of service may affect a
    veteran’veteran's eligibility for certain VA benefits. For example, only veterans with wartime service s eligibility for certain VA benefits. For example, only veterans with wartime service
    qualify for VAqualify for VA’'s Veterans Pension, which pays benefits to low-income veterans who are elderly or s Veterans Pension, which pays benefits to low-income veterans who are elderly or
    have non-service-connected disabilities.have non-service-connected disabilities.28 28
    Periods considered Periods considered wartime for the purposes of veterans for the purposes of veterans’' benefits, listed in benefits, listed in Table A-1, are defined
    defined in law and designated by Congress or presidential declaration. A former servicemember who in law and designated by Congress or presidential declaration. A former servicemember who
    served during the periods listed served during the periods listed inin Table A-1 is not required to have served in a combat zone for is not required to have served in a combat zone for
    the service to be considered wartime.the service to be considered wartime.
    Table A-1. Congressionally Designated Wartime Periods
    Name

    Name

     Beginning Date
    Ending Date
    Indian Warsa
    Indian Warsa January 1, 1817January 1, 1817
    December 31, 1898December 31, 1898
    Spanish-American Warb
    Spanish-American Warb

    April 21, 1898

    July 4, 1902

    April 21, 1898
    July 4, 1902
    Mexican Border Mexican Border Periodc
    Periodc May 19, 1916May 19, 1916
    April 5, 1917April 5, 1917
    World War IWorld War I
    April 6, 1917d
    November 11, 1918d
    April 6, 1917e
    April 6, 1917d April 6, 1917e November 11, 1918d April 1, 1920e April 1, 1920e
    World War IIWorld War II
    December 7, 1941December 7, 1941
    December 31, 1946g
    Korean Conflictf
    June 27, 1950
    January 31, 1955
    Vietnam Era
    November 1, 1955h
    May 7, 1975h
    August 5, 1964i
    December 31, 1946g Korean Conflictf

    June 27, 1950

    January 31, 1955

    Vietnam Era

    November 1, 1955h August 5, 1964i May 7, 1975h May 7, 1975i     May 7, 1975i
    Persian Gulf Warj
    August 2, 1990
    Ongoing
    Persian Gulf Warj

    August 2, 1990

    Ongoing

    Source:     Table created by CRS.Table created by CRS.
    Notes:
    a. a. 38 C.F.R. §3.2(a). Service must have been rendered with the U.S. military forces against Indian tribes or 38 C.F.R. §3.2(a). Service must have been rendered with the U.S. military forces against Indian tribes or
    nations.nations.
    b. b. 38 U.S.C. §101(6).38 U.S.C. §101(6).
    c. c. 38 U.S.C. §101(30).38 U.S.C. §101(30).
    d. d. 38 U.S.C. §101(7)(A) and 38 C.F.R. §3.2(c). If a veteran was in service between November 11, 1918, and July 38 U.S.C. §101(7)(A) and 38 C.F.R. §3.2(c). If a veteran was in service between November 11, 1918, and July
    2, 1921, and also served on active duty between April 5, 1917, and November 12, 1918, the veteran2, 1921, and also served on active duty between April 5, 1917, and November 12, 1918, the veteran’s
    's service is considered part of the World War I period.service is considered part of the World War I period.
    e. e. 38 U.S.C. §101(7)(B). This time period is for veterans who served with the U.S. military forces in Russia.38 U.S.C. §101(7)(B). This time period is for veterans who served with the U.S. military forces in Russia.
    f. f.
    38 U.S.C. §101(9).38 U.S.C. §101(9).
    g. g. 38 U.S.C. §101(8) and 38 C.F.R. §3.2(d). If the veteran was in service on December 31, 1946, with 38 U.S.C. §101(8) and 38 C.F.R. §3.2(d). If the veteran was in service on December 31, 1946, with
    continuous service before July 26, 1947, this service is considered part of the World War II period.continuous service before July 26, 1947, this service is considered part of the World War II period.
    h. h. 38 U.S.C. §101(29)(A). This time period is for veterans who served in the Republic of Vietnam.38 U.S.C. §101(29)(A). This time period is for veterans who served in the Republic of Vietnam.
    i. i.
    38 U.S.C. §101(29)(B). This time period is for veterans who served outside the Republic of Vietnam.38 U.S.C. §101(29)(B). This time period is for veterans who served outside the Republic of Vietnam.
    j. j.
    38 U.S.C. §§101(33), 1501(4). The Persian Gulf War period is inclusive of the post-9/11 Iraq and Afghanistan 38 U.S.C. §§101(33), 1501(4). The Persian Gulf War period is inclusive of the post-9/11 Iraq and Afghanistan
    conflicts. The ending date has not yet been established and will end only on the date prescribed by conflicts. The ending date has not yet been established and will end only on the date prescribed by
    presidential proclamation or law.

    28 38 U.S.C. §1521(j). For more information on VA’s Veterans Pension program, see CRS Report R46511, Veterans
    Benefits Administration (VBA): Pension Programs    .
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    U.S. Department of Veterans Affairs: Who Is a Veteran?

    presidential proclamation or law. Times not designated as periods of war by Congress or the President, such as the period between Times not designated as periods of war by Congress or the President, such as the period between
    the end of the Vietnam era and beginning of the Persian Gulf War, are considered to be peacetime. the end of the Vietnam era and beginning of the Persian Gulf War, are considered to be peacetime.
    Three U.S. military operations U.S. military operations occurreddid occur during this span of peacetime, but they are not considered periods of war. For more information on periods of war, see CRS Report RS21405, U.S. Periods of War and Dates of Recent Conflicts.

    Lawrence Kapp, Legislative Analyst; Alan Ott, former Analyst in Defense and Intelligence Personnel Policy; Tamar Breslauer, Senior Research Librarian; and Jonathan Gaffney, Section Research Manager; provided assistance for this report. A previous version of this report was coordinated by Scott Szymendera, Specialist in Disability Policy. All questions should be directed to the current author.

    Footnotes

    1.

    38 U.S.C. §101(2). Space service refers to individuals who serve in the U.S. Space Force.
    2.

    In limited circumstances, the Secretary of Defense is authorized to grant "veteran" status to members of certain civilian groups or contractors by the GI Bill Improvement Act of 1977 (P.L. 95-202). In 1979, the Department of Defense (DOD) issued a final rule to implement P.L. 95-202. See Office of the Secretary of Defense, "PART 47—Determinations of Active Military Service and Discharge," 44 Federal Register 11220, February 28, 1979. See also CRS In Focus IF12242, Veteran Status Based on Service with Certain Civilian Groups.
    3.

    Hereinafter referred to as "active military service."
    4.

    38 U.S.C. §101(24).
    5.

    38 U.S.C. §101(22).
    6.

    38 U.S.C. §101(22)(A); 38 C.F.R. §3.6(c)(1).

    7.

    38 U.S.C. §101(22)(B); 38 C.F.R. §3.6(c)(2).
    8.

    38 U.S.C. §101(22)(C); 38 C.F.R. §3.6(c)(3).
    9.

    38 U.S.C. §101 (22)(D); 38 C.F.R. §3.6(c)(4).
    10.

    38 U.S.C. §101(22)(E); 38 C.F.R. §3.6(c)(6).
    11.

    38 U.S.C. §101(23).
    12.

    38 U.S.C. §101(23)(A); 38 C.F.R. §3.6(d)(1).
    13.

    38 U.S.C. §101(23)(B); 38 C.F.R. §3.6(d)(2).
    14.

    38 U.S.C. §101(23)(C); 38 C.F.R. §3.6(d)(3).
    15.

    38 U.S.C. §101(23); 38 C.F.R. §3.6(d)(4).
    16.

    38 U.S.C. §101(21).
    17.

    38 U.S.C. §101(2); 38 C.F.R. §3.12(a). For more details on DOD's policy on discharge statuses, see "Separation, Discharge, and Discharge Review" in CRS Report R46107, FY2020 National Defense Authorization Act: Selected Military Personnel Issues.

    18.

    Hereinafter, the word claimant will be used to identify the individual applying for benefits. This could be the veteran, an eligible spouse or child, or, in some situations, a parent.

    19.

    38 C.F.R. §§3.203(a)(1).
    20.

    38 C.F.R. §3.203(a)(2)-(3).
    21.

    38 C.F.R. §3.203(c).
    22.

    38 U.S.C. §5303A.
    23.

    10 U.S.C. §1173; 10 U.S.C. §1171; 38 U.S.C. §5303A.
    24.

    VA also refers to this as a characterization of discharge determination. The concept and processes are the same in determining VA benefits. In some situations, a servicemember has served more than one period of enlistment. In that case, different discharge categories may be specified for each period. See VA, Veterans Benefits Administration, "Claims for VA Benefits and Character of Discharge," https://www.benefits.va.gov/BENEFITS/docs/COD_Factsheet.pdf.
    25.

    For more information on military discharge review boards, see "Separation, Discharge, and Discharge Review" section of CRS Report R46107, FY2020 National Defense Authorization Act: Selected Military Personnel Issues.

    26.

    38 U.S.C. §1710; P.L. 95-126 §2, S. 1307, 95th Congress.

    27.

    Hereinafter, reserve components will be used to describe the National Guard and reserves unless otherwise distinguished. See 10 U.S.C. §10101, which defines reserve components as including the National Guard, and 38 U.S.C. §101(27), which defines reserve component to include the National Guard.
    28.

    38 U.S.C. §1521(j). For more information on VA's Veterans Pension program, see CRS Report R46511, Veterans Benefits Administration (VBA): Pension Programs.
    during this span of peacetime that could be confused for
    periods of war:
    1. Lebanon: U.S. Marines deployed on August 21, 1982, and September 29, 1982,
    as part of a temporary multinational force to “promote the economic and political
    stability of that country and to support the international effort to strengthen a
    sovereign and independent Lebanon.”29
    2. Grenada: In response to a request from the Organization of Eastern Caribbean
    States to help “restore order” and concern for American lives, U.S. military
    forces landed on the island on October 25, 1983. Combat operations ended on
    November 2, 1983, with troops leaving the island over the next couple of
    months.30
    3. Panama: President George H. W. Bush announced on December 21, 1989, that he
    ordered U.S. military forces to Panama following deteriorating diplomatic
    relations, increased violence by General Manuel Noriega, and the threat to
    American lives.31

    Author Information

    Heather M. Salazar

    Analyst Veterans Policy


    Acknowledgments
    Lawrence Kapp, Specialist in Military Personnel Policy; Alan Ott, Analyst in Defense and Intelligence
    Personnel Policy; Tamar Breslauer, Senior Research Librarian; and Jonathan Gaffney, Legislative
    Attorney; provided assistance for this report.

    29 Section 2a of P.L. 98-43; P.L. 98-119.
    30 Ronald H. Cole, Operation Urgent Fury: The Planning and Execution of Joint Operations in Grenada, 12 October–2
    November 1983    , Joint History Office, Office of the Chairman of the Joint Chiefs of Staff, 1997, https://www.jcs.mil/
    Portals/36/Documents/History/Monographs/Urgent_Fury.pdf.
    31 Ronald H. Cole, Operation Just Cause: The Planning and Execution of Joint Operations in Panama, February
    1988–January 1990    , Joint History Office, Office of the Chairman of the Joint Chiefs of Staff, 1995,
    https://www.jcs.mil/Portals/36/Documents/History/Monographs/Just_Cause.pdf.
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