Public Law 119-87 (04/30/2026)

38 U.S.C. § 4304

Character of service

A person’s entitlement to the benefits of this chapter by reason of the service of such person in one of the uniformed services terminates upon the occurrence of any of the following events:
(1)
A separation of such person from such uniformed service with a dishonorable or bad conduct discharge.
(2)
A separation of such person from such uniformed service under other than honorable conditions, as characterized pursuant to regulations prescribed by the Secretary concerned.
(3)
section 1161(a) of title 10 A dismissal of such person permitted under .
(4)
section 1161(b) of title 10 A dropping of such person from the rolls pursuant to .

Pub. L. 103–353, § 2(a)108 Stat. 3152 (Added , , .)

Editorial Notes

Prior Provisions

Pub. L. 103–353section 8 of Pub. L. 103–353section 4301 of this titlePrior sections 4304 to 4306 were omitted in the general amendment of this chapter by . Those sections, as in effect on the day before , continue to apply to reemployments initiated before the end of the 60-day period beginning , see , as amended, set out as an Effective Date under .

Pub. L. 93–508, title IV, § 404(a)88 Stat. 1598 Pub. L. 94–286, § 290 Stat. 518 Pub. L. 94–502, title VI, § 608(3)90 Stat. 2405 Pub. L. 96–466, title V, § 51194 Stat. 2207 Pub. L. 99–576, title VII, § 701(60)100 Stat. 3296 Pub. L. 102–12, § 8(a)(1)105 Stat. 38 Pub. L. 102–568, title V, § 506(a)106 Stat. 4340 Section 4304, added , , , § 2024; amended , , ; , , ; , , ; , , ; , (b)(1), , ; renumbered § 4304 and amended , (c)(3), , , 4341, related to reemployment rights of persons who enlist in the Armed Forces or enter upon active duty.

section 7604 of this titleAnother prior section 4304 was renumbered .

Pub. L. 93–508, title IV, § 404(a)88 Stat. 1600 Pub. L. 102–568, title V, § 506(a)106 Stat. 4340 Section 4305, added , , , § 2025; renumbered § 4305, , , , directed the Secretary of Labor, through the Office of Veterans’ Reemployment Rights, to render assistance in obtaining reemployment.

Pub. L. 93–508, title IV, § 404(a)88 Stat. 1600 Pub. L. 102–568, title V, § 506(a)106 Stat. 4340 Section 4306, added , , , § 2026; renumbered § 4306, , , , related to prior rights for reemployment in a case in which more than one person is entitled to be reemployed.

Pub. L. 102–25, title III, § 339(a)105 Stat. 91 Pub. L. 102–568, title V, § 506(a)106 Stat. 4340 Pub. L. 103–353, § 8(d)(2)108 Stat. 3176 A prior section 4307, added , , , § 2027; renumbered § 4307, , , , related to qualification for employment position, prior to repeal by , , , eff. .

Statutory Notes and Related Subsidiaries

Effective Date

section 8 of Pub. L. 103–353section 4301 of this titleSection effective with respect to reemployments initiated on or after the first day after the 60-day period beginning , with transition rules, see , set out as a note under .