38 U.S.C. § 5303A: Minimum active-duty service requirement

Notwithstanding any other provision of law, any requirements for eligibility for or entitlement to any benefit under this title or any other law administered by the Secretary that are based on the length of active duty served by a person who initially enters such service after September 7, 1980 , shall be exclusively as prescribed in this title. 24 months of continuous active duty, or the full period for which such person was called or ordered to active duty, to any person who originally enlists in a regular component of the Armed Forces after September 7, 1980 ; and to any other person who enters on active duty after October 16, 1981 , and has not previously completed a continuous period of active duty of at least 24 months or been discharged or released from active duty under section 1171 of title 10 . to a person who is discharged or released from active duty under section 1171 or 1173 of title 10; to a person who is discharged or released from active duty for a disability incurred or aggravated in line of duty; to a person who has a disability that the Secretary has determined to be compensable under chapter 11 of this title; to the provision of a benefit for or in connection with a service-connected disability, condition, or death; to benefits under chapter 19 of this title; to benefits under section 2011, 2012, 2013, 2044, or 2061 of this title; a discharge or release from active duty for the convenience of the Government, as described in sections 3011(a)(1)(A)(ii)(II) and 3012(b)(1)(A)(iv) of this title; a discharge or release from active duty for a medical condition which preexisted service on active duty and which the Secretary determines is not service connected, as described in clauses (A)(ii)(I) and (B)(ii)(I) of section 3011(a)(1) of this title and in section 3012(b)(1)(A)(ii) of this title ; an involuntary discharge or release from active duty for the convenience of the Government as a result of a reduction in force, as described in clauses (A)(ii)(III) and (B)(ii)(III) of section 3011(a)(1) of this title and in section 3012(b)(1)(A)(v) of this title ; or a discharge or release from active duty for a physical or mental condition that was not characterized as a disability and did not result from the individual’s own willful misconduct but did interfere with the individual’s performance of duty, as described in section 3011(a)(1)(A)(ii)(I) of this title ; or to benefits under chapter 43 of this title. Except as provided in paragraph (2) of this subsection, no dependent or survivor of a person as to whom subsection (b) of this section requires the denial of benefits shall, by reason of such person’s period of active duty, be provided with any benefit under this title or any other law administered by the Secretary. Paragraph (1) of this subsection does not apply to benefits under chapters 19 and 37 of this title. 24 months of continuous active duty, or the full period for which such person was called or ordered to active duty, to any person who originally enlists in a regular component of the Armed Forces after September 7, 1980 ; and to any other person who enters on active duty after October 13, 1982 , and has not previously completed a continuous period of active duty of at least 24 months or been discharged or released from active duty under section 1171 of title 10 . to any person described in clause (A), (B), or (C) of subsection (b)(3) of this section; or with respect to a benefit under (i) the Social Security Act other than additional wages deemed to have been paid, under section 229(a) 1 of the Social Security Act ( 1 See References in Text note below. 42 U.S.C. 429(a) ), for any calendar quarter beginning after October 13, 1982 , or (ii) title 5 other than a benefit based on meeting the definition of preference eligible in section 2108(3) of such title. For the purposes of this section, the term “benefit” includes a right or privilege, but does not include a refund of a participant’s contributions to the educational benefits program provided by chapter 32 of this title. Nothing in this section shall be construed to deprive any person of any procedural rights, including any rights to assistance in applying for or claiming a benefit. Subsection (d) of section 3103A [now 5303A] of title 38, United States Code, as added by subsection (a)(2), shall not apply with respect to the receipt by any person of any benefit provided by or pursuant to law before the date of the enactment of this Act [ Oct. 14, 1982 ]. For the purposes of paragraph (1) of this subsection, additional wages deemed to have been paid under section 229(a) of the Social Security Act ( 42 U.S.C. 429(a) ) shall be considered to be a benefit that was received by a person on the date that such person was discharged or released from active duty (as defined in section 101(21) of title 38 , United States Code).”