---
kind: "section"
citation: "38 C.F.R. § 3.12a"
title: "38"
number: "3.12a"
heading: "Minimum active-duty service requirement."
url: "https://uscodex.org/cfr/38/3.12a"
---

# §3.12a. Minimum active-duty service requirement.

- (a) **Definitions.**
  - (1) The term minimum period of active duty means, for the purposes of this section, the shorter of the following periods.
    - (i) **Twenty-four months of continuous active duty.** Non-duty periods that are excludable in determining the Department of Veterans Affairs benefit entitlement (e.g., see [§ 3.15](/cfr/38/3.15.md)) are not considered as a break in service for continuity purposes but are to be subtracted from total time served.
    - (ii) **The full period for which a person was called or ordered to active duty.**
  - (2) The term benefit includes a right or privilege but does not include a refund of a participant's contributions under 38 U.S.C. Ch. 32.
- (b) **Effect on Department of Veterans Affairs benefits.** Except as provided in [paragraph (d)](#d) of this section, a person listed in [paragraph (c)](#c) of this section who does not complete a minimum period of active duty is not eligible for any benefit under [title 38](/cfr/38.md), United States Code or under any law administered by the Department of Veterans Affairs based on that period of active service.
- (c) **Persons included.** Except as provided in [paragraph (d)](#d) of this section, the provisions of [paragraph (b)](#b) of this section apply to the following persons:
  - (1) A person who originally enlists (enlisted person only) in a regular component of the Armed Forces after September 7, 1980 (a person who signed a delayed-entry contract with one of the service branches prior to September 8, 1980, and under that contract was assigned to a reserve component until entering on active duty after September 7, 1980, shall be considered to have enlisted on the date the person entered on active duty); and
  - (2) Any other person (officer as well as enlisted) who enters on active duty after October 16, 1981 and who has not previously completed a continuous period of active duty of at least 24 months or been discharged or released from active duty under [10 U.S.C. 1171](/usc/10/1171.md) (early out).
- (d) **Exclusions.** The provisions of [paragraph (b)](#b) of this section are not applicable to the following cases:
  - (1) To a person who is discharged or released under 10 U.S.C. [1171](/usc/10/1171.md) or [1173](/usc/10/1173.md) (early out or hardship discharge).
  - (2) To a person who is discharged or released from active duty for a disability adjudged service connected without presumptive provisions of law, or who at time of discharge had such a service-connected disability, shown by official service records, which in medical judgment would have justified a discharge for disability.
  - (3) **To a person with a compensable service-connected disability.**
  - (4) To the provision of a benefit for or in connection with a service-connected disability, condition, or death.
  - (5) **To benefits under chapter 19 of title 38, United States Code.**
- (e) **Dependent or survivor benefits—**
  - (1) **General.** If a person is, by reason of this section, barred from receiving any benefits under [title 38](/cfr/38.md), United States Code (or under any other law administered by the Department of Veterans Affairs based on a period of active duty, the person's dependents or survivors are also barred from receiving benefits based on the same period of active duty.
  - (2) **Exceptions.** [Paragraph (e)(1)](#e-1) of this section does not apply to benefits under chapters 19 and 37 of title 38, United States Code. ([38 U.S.C. 5303A](/usc/38/5303A.md))

## Notes

### Amendments

[47 FR 24549, June 7, 1982]

### Authority

Authority: 38 U.S.C. 501(a), unless otherwise noted.

### Amendments

[47 FR 24549, June 7, 1982]