§5303 Certain bars to benefits

2021—Subsec. (e). Pub. L. 116–283 substituted “air, or space service” for “or air service” wherever appearing. 2016—Subsec. (d). Pub. L. 114–315 substituted “not apply to the following:” and pars. (1) and (2) for “not apply to any war-risk insurance, Government (converted) or National Service Life Insurance policy.” 1991—Pub. L. 102–40 renumbered section 3103 of this title as this section. Subsecs. (a), (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”. Subsec. (e)(1). Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”. Subsec. (e)(2). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in last sentence. Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in subpar. (B). Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in subpar. (A) and last sentence. 1986—Subsec. (a). Pub. L. 99–576, § 701(70)(A), substituted “such person” for “he” after “on the ground that” and “such officer’s” for “his” before “resignation”. Subsec. (b). Pub. L. 99–576, § 701(70)(B), substituted “a person’s” for “his”, “that person” for “any person”, and “such person” for “he” before “was separated”. Subsec. (c). Pub. L. 99–576, § 701(70)(C), substituted “the individual’s” for “his” in two places, and “the individual” for “he”. Subsec. (e)(2). Pub. L. 99–576, § 701(70)(D), substituted “the” for “his or her” before “right to such appearance” at end of second sentence. 1982—Subsec. (e)(2)(B). Pub. L. 97–295 substituted “before

October 9, 1978,” for “within one year after the date of enactment of this paragraph”, “before

October 9, 1977,” for “on or prior to the date of enactment of this paragraph”, and “

October 8, 1977” for “such enactment date”. 1977—Subsec. (a). Pub. L. 95–126, § 1(a)(1), inserted provisions barring a person in the Armed Forces from being a recipient of benefits when discharged on the basis of an absence without authority from active duty for a continuous period of at least one hundred and eighty days if such person was discharged under conditions other than honorable unless such person demonstrates to the satisfaction of the Administrator that there are compelling circumstances to warrant such prolonged unauthorized absence and barred benefits notwithstanding any action subsequent to the date of such discharge by a board established pursuant to section 1553 of Title 10. Subsec. (e). Pub. L. 95–126, § 1(a)(2), added subsec. (e). 1959—Subsec. (c). Pub. L. 86–113 required affirmative evidence to establish that alien was discharged on his own application or solicitation.

made by clause (1) of section 1(a) [amending this section] shall apply (i) retroactively only to persons awarded general or honorable discharges under such revised standards and to persons who, prior to the date of enactment of this Act [Oct. 8, 1977], had not attained general eligibility for such benefits by virtue of (I) a change in or new issuance of a discharge under section 1553 of title 10, United States Code, or (II) any other provision of law, and (ii) prospectively (on and after such enactment date) to all other persons.” Expedited Determinations After Information and Notification to Persons Awarded General or Honorable Discharges; Procedures for Application to Title 10 § 1552 Board and to Secretary of Veterans Affairs Pub. L. 95–126, § 1(b), Oct. 8, 1977, 91 Stat. 1107, as amended by Pub. L. 100–527, § 10(1), (2), Oct. 25, 1988, 102 Stat. 2640, 2641; Pub. L. 102–40, title IV, § 402(d)(2),

May 7, 1991, 105 Stat. 239, provided that: “(1) The Secretary of Defense shall fully inform each person awarded a general or honorable discharge under revised standards for the review of discharges referred to in section 5303(e)(2)(A)(i), (ii), or (iii) [formerly 3103(e)(2)(A)(i), (ii), or (iii)] of title 38, United States Code, as added by subsection (a)(2) of this section, of his or her right to obtain an expedited determination under section 5303(e)(2)(B)(i) [formerly 3103(e)(2)(B)(i)] of such title and of the implications of the provisions of this Act [amending this section and section 101(18) of this title and enacting provisions set out as notes under this section] for each such person. “(2) Notwithstanding any other provision of law, the Secretary of Defense shall inform each person who applies to a board of review under section 1553 of title 10, United States Code, and who appears to have been discharged under circumstances which might constitute a bar to benefits under section 5303(a) [formerly 3103(a)] of title 38, United States Code, (A) that such person might possibly be administratively found to be entitled to benefits under laws administered by the Department of Veterans Affairs only through the action of a board for the correction of military records under section 1552 of such title 10 or the action of the Secretary of Veterans Affairs under section 5303 [formerly 3103] of such title 38, and (B) of the procedures for making application to such section 1552 board for such purpose and to the Secretary of Veterans Affairs for such purpose (including the right to proceed concurrently under such section 5303 [formerly 3103], 1552, and 1553).” Health Care and Benefits for Disability During Active Service in Line of Duty, Except When Barred Under Subsec. (a) or by Bad Conduct Discharge Pub. L. 95–126, § 2, Oct. 8, 1977, 91 Stat. 1107, as amended by Pub. L. 100–527, § 10(1), Oct. 25, 1988, 102 Stat. 2640; Pub. L. 102–40, title IV, § 402(d)(2),

May 7, 1991, 105 Stat. 239, provided that: “Notwithstanding any other provision of law, the Secretary of Veterans Affairs shall provide the type of health care and related benefits authorized to be provided under chapter 17 of title 38, United States Code, for any disability incurred or aggravated during active military, naval, or air service in line of duty by a person other than a person barred from receiving benefits by section 5303(a) [formerly 3103(a)] of such title, but shall not provide such health care and related benefits pursuant to this section for any disability incurred or aggravated during a period of service from which such person was discharged by reason of a bad conduct discharge.”