U.S. Department of Veterans Affairs: Who Is a Veteran?
U.S. Department of Veterans Affairs: Who Is a
November 2, 2022
Veteran?
Heather M. Salazar
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
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
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 minimum period of time and be discharged “under conditions other than dishonorable.” Reservists and National Guard
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
includes an explanation of the two statutory provisions that create the definition of veteran, the service requirements for
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
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
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, veteran
is defined as a “person who served in the active military, naval, air, or space service, and who was
discharged or released therefrom under conditions other than dishonorable.”1 For a former
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
individual was ordered to active duty or 24 months, and be discharged “under conditions other
than dishonorable.”2
Former servicemembers may also need to meet other “Service Requirements for Benefits
Eligibility” 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
of the statutory definition of veteran. It then breaks down the requirements for reservists and
National Guard members to be eligible for VA benefits as veterans during federal active duty or in
certain instances of active duty for training or inactive duty for training. Finally, the report ends
with an appendix that explains the difference between wartime and peacetime military service, as
for some VA benefits this distinction in service is important.
Definition of Veteran
The statutory definition of veteran contains two key provisions that a servicemember must meet
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 service3
includes:
Active duty;
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; and
Any period of inactive duty training during which the individual was disabled or died
from an injury incurred or aggravated in line of duty; or
from an acute myocardial infarction, a cardiac arrest, or a cerebrovascular
accident occurring during such training.4
Additional explanations of these types of active military service are found in the “Active Military
Service Requirement” section of this report.
The second provision is that a servicemember must be discharged from service under “other than
dishonorable conditions.” 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
of discharge process. More details on this criterion is found in the “Military Discharge
Requirement” section of this report.
Active Military Service Requirement
To establish veteran status, a servicemember must satisfy the statutory requirement of “active
military, naval, air, or space service.” This requirement may encompass one or a combination of
three types of service: Active Duty for Training (in certain circumstances), Inactive Duty for
Training (in certain circumstances), and Active Duty. VA reviews the former servicemember’s
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
each period.
Active Duty for Training5
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
line of duty. Active duty for training includes:
full-time duty for training performed by reservists;6
full-time duty for training purposes as a commissioned officer in the Reserve
Corps of the Public Health Service;7
full-time training duty by members of the Air or Army National Guard;8
duty by members of the Senior Reserve Officers’ Training Corps (ROTC)
program on field training or practice cruise;9 and
authorized travel to and from duty for training.10
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.
Inactive Duty for Training11
A period of inactive duty for training constitutes active military service only when the
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 for
training includes:
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
membership in, Senior ROTC;14 and
duty, other than full-time, for members of the Air or Army National Guard.15
This training may also include special additional duties performed during training or maintenance
activities for the units the servicemember is assigned to. For National Guard members this
training may also include unit training assemblies.
Active Duty16
Generally, active 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,
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
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
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
considered active duty.
Military Discharge Requirement
In addition to meeting the active military service requirements, a former servicemember must also
be separated from military service “under conditions other than dishonorable.”17 A veteran’s
service branch determines the character of the veteran’s service at discharge, which is reported on
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
seen in Table 1:
Table 1. Character of Service Upon Discharge from the Military
Type of Discharge
Description
Honorable
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.
General (Under
Servicemembers whose performance is satisfactory but may have several incidents
Honorable Conditions)
contrary to the performance and expected conduct of military servicemembers.
Other Than Honorable
Servicemembers whose conduct and actions are a serious departure from the proper
conduct of military members. Typically, these discharges are given to servicemembers
convicted in civilian courts.
Bad Conduct
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
Servicemembers who receive disciplinary discharge for actions and behaviors seen as
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.
Source: Table created by CRS using information from: DOD, Instruction 1332.14, Enlisted Administrative
Separations, April 12, 2019; DOD, Instruction 1332.30, Commissioned Officer Administrative Separations, September
9, 2021.
Notes: 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
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
“VA Character of Service Determination” 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
veteran or eligible family member18 must demonstrate eligibility for veterans’ benefits in general.
For non-veteran claimants, the eligibility requirement also includes whether the claimant is an
eligible dependent of the veteran. Second, the veteran must establish entitlement to the particular
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
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
benefits eligibility.
Proof of Service
VA requires a “genuine and accurate” copy of the veteran’s military service records to determine
eligibility for VA benefits regardless of whether the claimant is the veteran or the
spouse/dependent. The copy of the original record must be:
issued by the former servicemember’s military service branch;
issued by a public custodian of records (the individual responsible for
maintaining an agency’s or organization’s records) who certifies that it is a true
and exact copy of the document;
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
document or copy issued by a service department or public custodian of records;
or
uncertified but determined by VA to be satisfactory and free from alteration.19
Military service records document the length, dates, and character of the military service.20 If not
provided, or if the submitted material does not meet VA requirements, VA “shall 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
elements of the military service record, including active military service, length of service, and
military discharge status.
Length of Service
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
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
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
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
previous 24-month period of active military service.22
Figure 1 demonstrates how VA determines whether a former servicemember meets the minimum
active duty requirements for benefits. If the former servicemember completed less than 24 months
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
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
24-month requirement does not apply.23 For a National Guard and reserve member who did not
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
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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Figure 1. Length of Active Duty Service Requirement
Applies 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 Program’s Veterans Benefits
Manual 2021-2022.
VA Character of Service Determination24
VA uses the servicemember’s character of service upon discharge described in Table 1 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 review. 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
discharges may not be eligible for VA benefits or programs. In those cases, the individual’s
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 veteran’s entire period of
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
discharges go through the review process. VA’s review process cannot result in a discharge
upgrade, as that can take place only through DOD military review boards.25 Instead, VA’s
assessment could lead to VA determining that the veteran’s record falls into one of three
categories, rendering the veteran eligible for partial or full benefits:
1. Honorable for VA benefits: The evidence provided by a former servicemember
supports a determination that the veteran’s service was honorable for VA
purposes. Such a determination establishes basic eligibility for all benefits
administered by the VA so long as all other requirements are met.
2. Health care eligible: VA uses the guidance given in Title 38, Section 1710, of
the U.S. Code, “Hospital, Nursing Home, Domiciliary, and Medical Care,” to
determine if a former servicemember’s discharge is considered other than
honorable. An other than honorable determination can result in the denial of
access to benefits; however, a former servicemember with such a discharge might
still be permitted to qualify for health care for service-connected disabilities.26
3. Dishonorable for VA Benefits: A determination that the circumstances
surrounding a former servicemember’s discharge bar that individual from
receiving any benefits or services provided by VA.
Reserve Components’ Veteran Status
Some members of the reserve components—including the National Guard27—do not meet the
active military service and length of service requirements due to the nature of service performed
with the 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
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
addition, a member of a reserve component who has not served on active duty can establish
veteran status in limited situations during active duty training or inactive duty training. National
Guard and reserve components may meet the “active military service” requirements through
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 “honorary”
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
law.
Title 10 Service
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 U.S. Code. When serving on active duty,
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
for veteran status by having performed “active military, naval, air, or space service.”
A period of active duty for training or inactive duty for training under Title 10 typically does not
satisfy the active military service requirement for establishing veteran status. However, a period
of active or inactive duty for training may qualify as active military service if the servicemember
meets one of the following disability requirements:
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 disease incurred or aggravated during that period of duty.
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
during that period of duty or from a heart attack or stroke during that period of
duty.
National Guard Duty (Title 32 Service)
Members of the National Guard can be activated under Title 32 of the U.S. Code for activities
including, but not limited to, the COVID-19 pandemic or other public health response support,
disaster relief, and homeland defense. Unlike active duty, where the servicemember is under the
control 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.
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 “active
duty for training or inactive duty for training” if they meet one of the following disability
requirements:
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
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
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
or stroke during that period of duty.
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Appendix. Wartime vs. Peacetime Military Service
All military service is classified as either wartime or peacetime. The type of service may affect a
veteran’s eligibility for certain VA benefits. For example, only veterans with wartime service
qualify for VA’s Veterans Pension, which pays benefits to low-income veterans who are elderly or
have non-service-connected disabilities.28
Periods considered wartime for the purposes of veterans’ benefits, listed in Table A-1, are defined
in law and designated by Congress or presidential declaration. A former servicemember who
served during the periods listed in Table A-1 is not required to have served in a combat zone for
the service to be considered wartime.
Table A-1. Congressionally Designated Wartime Periods
Name
Beginning Date
Ending Date
Indian Warsa
January 1, 1817
December 31, 1898
Spanish-American Warb
April 21, 1898
July 4, 1902
Mexican Border Periodc
May 19, 1916
April 5, 1917
World War I
April 6, 1917d
November 11, 1918d
April 6, 1917e
April 1, 1920e
World War II
December 7, 1941
December 31, 1946g
Korean Conflictf
June 27, 1950
January 31, 1955
Vietnam Era
November 1, 1955h
May 7, 1975h
August 5, 1964i
May 7, 1975i
Persian Gulf Warj
August 2, 1990
Ongoing
Source: Table created by CRS.
Notes:
a. 38 C.F.R. §3.2(a). Service must have been rendered with the U.S. military forces against Indian tribes or
nations.
b. 38 U.S.C. §101(6).
c. 38 U.S.C. §101(30).
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
2, 1921, and also served on active duty between April 5, 1917, and November 12, 1918, the veteran’s
service is considered part of the World War I period.
e. 38 U.S.C. §101(7)(B). This time period is for veterans who served with the U.S. military forces in Russia.
f.
38 U.S.C. §101(9).
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
continuous service before July 26, 1947, this service is considered part of the World War II period.
h. 38 U.S.C. §101(29)(A). This time period is for veterans who served in the Republic of Vietnam.
i.
38 U.S.C. §101(29)(B). This time period is for veterans who served outside the Republic of Vietnam.
j.
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
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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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.
Three U.S. military operations occurred 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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Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
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Congressional Research Service
R47299 · VERSION 1 · NEW
11
November 2, 2022
Veteran?
Heather M. Salazar
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
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
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 minimum period of time and be discharged “under conditions other than dishonorable.” Reservists and National Guard
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
includes an explanation of the two statutory provisions that create the definition of veteran, the service requirements for
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
wartime and peacetime military service.
Congressional Research 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
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, veteran
is defined as a “person who served in the active military, naval, air, or space service, and who was
discharged or released therefrom under conditions other than dishonorable.”1 For a former
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
individual was ordered to active duty or 24 months, and be discharged “under conditions other
than dishonorable.”2
Former servicemembers may also need to meet other “Service Requirements for Benefits
Eligibility” 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
of the statutory definition of veteran. It then breaks down the requirements for reservists and
National Guard members to be eligible for VA benefits as veterans during federal active duty or in
certain instances of active duty for training or inactive duty for training. Finally, the report ends
with an appendix that explains the difference between wartime and peacetime military service, as
for some VA benefits this distinction in service is important.
Definition of Veteran
The statutory definition of veteran contains two key provisions that a servicemember must meet
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 service3
includes:
Active duty;
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; and
Any period of inactive duty training during which the individual was disabled or died
from an injury incurred or aggravated in line of duty; or
from an acute myocardial infarction, a cardiac arrest, or a cerebrovascular
accident occurring during such training.4
Additional explanations of these types of active military service are found in the “Active Military
Service Requirement” section of this report.
The second provision is that a servicemember must be discharged from service under “other than
dishonorable conditions.” 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
of discharge process. More details on this criterion is found in the “Military Discharge
Requirement” section of this report.
Active Military Service Requirement
To establish veteran status, a servicemember must satisfy the statutory requirement of “active
military, naval, air, or space service.” This requirement may encompass one or a combination of
three types of service: Active Duty for Training (in certain circumstances), Inactive Duty for
Training (in certain circumstances), and Active Duty. VA reviews the former servicemember’s
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
each period.
Active Duty for Training5
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
line of duty. Active duty for training includes:
full-time duty for training performed by reservists;6
full-time duty for training purposes as a commissioned officer in the Reserve
Corps of the Public Health Service;7
full-time training duty by members of the Air or Army National Guard;8
duty by members of the Senior Reserve Officers’ Training Corps (ROTC)
program on field training or practice cruise;9 and
authorized travel to and from duty for training.10
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.
Inactive Duty for Training11
A period of inactive duty for training constitutes active military service only when the
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 for
training includes:
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
membership in, Senior ROTC;14 and
duty, other than full-time, for members of the Air or Army National Guard.15
This training may also include special additional duties performed during training or maintenance
activities for the units the servicemember is assigned to. For National Guard members this
training may also include unit training assemblies.
Active Duty16
Generally, active 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,
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
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
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
considered active duty.
Military Discharge Requirement
In addition to meeting the active military service requirements, a former servicemember must also
be separated from military service “under conditions other than dishonorable.”17 A veteran’s
service branch determines the character of the veteran’s service at discharge, which is reported on
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
seen in Table 1:
Table 1. Character of Service Upon Discharge from the Military
Type of Discharge
Description
Honorable
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.
General (Under
Servicemembers whose performance is satisfactory but may have several incidents
Honorable Conditions)
contrary to the performance and expected conduct of military servicemembers.
Other Than Honorable
Servicemembers whose conduct and actions are a serious departure from the proper
conduct of military members. Typically, these discharges are given to servicemembers
convicted in civilian courts.
Bad Conduct
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
Servicemembers who receive disciplinary discharge for actions and behaviors seen as
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.
Source: Table created by CRS using information from: DOD, Instruction 1332.14, Enlisted Administrative
Separations, April 12, 2019; DOD, Instruction 1332.30, Commissioned Officer Administrative Separations, September
9, 2021.
Notes: 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
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
“VA Character of Service Determination” 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
veteran or eligible family member18 must demonstrate eligibility for veterans’ benefits in general.
For non-veteran claimants, the eligibility requirement also includes whether the claimant is an
eligible dependent of the veteran. Second, the veteran must establish entitlement to the particular
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
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
benefits eligibility.
Proof of Service
VA requires a “genuine and accurate” copy of the veteran’s military service records to determine
eligibility for VA benefits regardless of whether the claimant is the veteran or the
spouse/dependent. The copy of the original record must be:
issued by the former servicemember’s military service branch;
issued by a public custodian of records (the individual responsible for
maintaining an agency’s or organization’s records) who certifies that it is a true
and exact copy of the document;
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
document or copy issued by a service department or public custodian of records;
or
uncertified but determined by VA to be satisfactory and free from alteration.19
Military service records document the length, dates, and character of the military service.20 If not
provided, or if the submitted material does not meet VA requirements, VA “shall 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
elements of the military service record, including active military service, length of service, and
military discharge status.
Length of Service
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
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
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
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
previous 24-month period of active military service.22
Figure 1 demonstrates how VA determines whether a former servicemember meets the minimum
active duty requirements for benefits. If the former servicemember completed less than 24 months
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
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
24-month requirement does not apply.23 For a National Guard and reserve member who did not
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
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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Figure 1. Length of Active Duty Service Requirement
Applies 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 Program’s Veterans Benefits
Manual 2021-2022.
VA Character of Service Determination24
VA uses the servicemember’s character of service upon discharge described in Table 1 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 review. 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
discharges may not be eligible for VA benefits or programs. In those cases, the individual’s
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 veteran’s entire period of
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
discharges go through the review process. VA’s review process cannot result in a discharge
upgrade, as that can take place only through DOD military review boards.25 Instead, VA’s
assessment could lead to VA determining that the veteran’s record falls into one of three
categories, rendering the veteran eligible for partial or full benefits:
1. Honorable for VA benefits: The evidence provided by a former servicemember
supports a determination that the veteran’s service was honorable for VA
purposes. Such a determination establishes basic eligibility for all benefits
administered by the VA so long as all other requirements are met.
2. Health care eligible: VA uses the guidance given in Title 38, Section 1710, of
the U.S. Code, “Hospital, Nursing Home, Domiciliary, and Medical Care,” to
determine if a former servicemember’s discharge is considered other than
honorable. An other than honorable determination can result in the denial of
access to benefits; however, a former servicemember with such a discharge might
still be permitted to qualify for health care for service-connected disabilities.26
3. Dishonorable for VA Benefits: A determination that the circumstances
surrounding a former servicemember’s discharge bar that individual from
receiving any benefits or services provided by VA.
Reserve Components’ Veteran Status
Some members of the reserve components—including the National Guard27—do not meet the
active military service and length of service requirements due to the nature of service performed
with the 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
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
addition, a member of a reserve component who has not served on active duty can establish
veteran status in limited situations during active duty training or inactive duty training. National
Guard and reserve components may meet the “active military service” requirements through
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 “honorary”
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
law.
Title 10 Service
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 U.S. Code. When serving on active duty,
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
for veteran status by having performed “active military, naval, air, or space service.”
A period of active duty for training or inactive duty for training under Title 10 typically does not
satisfy the active military service requirement for establishing veteran status. However, a period
of active or inactive duty for training may qualify as active military service if the servicemember
meets one of the following disability requirements:
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 disease incurred or aggravated during that period of duty.
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
during that period of duty or from a heart attack or stroke during that period of
duty.
National Guard Duty (Title 32 Service)
Members of the National Guard can be activated under Title 32 of the U.S. Code for activities
including, but not limited to, the COVID-19 pandemic or other public health response support,
disaster relief, and homeland defense. Unlike active duty, where the servicemember is under the
control 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.
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 “active
duty for training or inactive duty for training” if they meet one of the following disability
requirements:
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
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
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
or stroke during that period of duty.
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Appendix. Wartime vs. Peacetime Military Service
All military service is classified as either wartime or peacetime. The type of service may affect a
veteran’s eligibility for certain VA benefits. For example, only veterans with wartime service
qualify for VA’s Veterans Pension, which pays benefits to low-income veterans who are elderly or
have non-service-connected disabilities.28
Periods considered wartime for the purposes of veterans’ benefits, listed in Table A-1, are defined
in law and designated by Congress or presidential declaration. A former servicemember who
served during the periods listed in Table A-1 is not required to have served in a combat zone for
the service to be considered wartime.
Table A-1. Congressionally Designated Wartime Periods
Name
Beginning Date
Ending Date
Indian Warsa
January 1, 1817
December 31, 1898
Spanish-American Warb
April 21, 1898
July 4, 1902
Mexican Border Periodc
May 19, 1916
April 5, 1917
World War I
April 6, 1917d
November 11, 1918d
April 6, 1917e
April 1, 1920e
World War II
December 7, 1941
December 31, 1946g
Korean Conflictf
June 27, 1950
January 31, 1955
Vietnam Era
November 1, 1955h
May 7, 1975h
August 5, 1964i
May 7, 1975i
Persian Gulf Warj
August 2, 1990
Ongoing
Source: Table created by CRS.
Notes:
a. 38 C.F.R. §3.2(a). Service must have been rendered with the U.S. military forces against Indian tribes or
nations.
b. 38 U.S.C. §101(6).
c. 38 U.S.C. §101(30).
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
2, 1921, and also served on active duty between April 5, 1917, and November 12, 1918, the veteran’s
service is considered part of the World War I period.
e. 38 U.S.C. §101(7)(B). This time period is for veterans who served with the U.S. military forces in Russia.
f.
38 U.S.C. §101(9).
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
continuous service before July 26, 1947, this service is considered part of the World War II period.
h. 38 U.S.C. §101(29)(A). This time period is for veterans who served in the Republic of Vietnam.
i.
38 U.S.C. §101(29)(B). This time period is for veterans who served outside the Republic of Vietnam.
j.
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
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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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.
Three U.S. military operations occurred 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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