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What is a Veteran? The Legal Definition

What is a Veteran

What is a Veteran? Title 38 of the Code of Federal Regulations defines a veteran as “a person who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable.” This definition explains that any individual that completed a service for any branch of armed forces classifies as a veteran as long as they were not dishonorably discharged. However, with regard to applicable benefits, other considerations are important and will be covered in later sections.

References: For more information on:

  • the definition of the term Veteran for purposes of compensation, Dependency and Indemnity Compensation (DIC) and death pension, see
    38 CFR 3.1(d), and Paulson v. Brown, 7 Vet.App. 466, 470 (1995), and

  • groups approved for Veteran status under Public Law (PL) 95-202 and 106-259, see M21-1, Part III, Subpart iii, 2.K.3.

Understanding the Difference Between Types of Military Service

There are a larger variety of services an individual can be a part of than is generally believed. The following are descriptions of each to help you steer your way through:

Full-time

Active-duty service is simply full time. Active-duty members are available for duty 24 hours per day, 7 days a week, with the exclusion of leave (vacation) or pass (authorized time off). Active-duty members fall under the jurisdiction of the U.S. Department of Defense and can serve in the Army, Air Force, Navy, Marine Corps, and Coast Guard.

Remember:

If an individual served active-duty service, it is credible toward length-of-service requirements when qualifying for veterans benefits.

Part-Time

Performing duties one weekend per month, plus two weeks of training per year, members of the Reserves and National Guard are considered part-time, though since the Gulf War in 1990, they’ve spent exponentially more time called to full-time active duties. In fact, National Guards and Reserves generally spend two years of their six-year enlistment performing full-time active duty.

Reserves

The objective of the Reserves is to deliver supplementary support to active-duty forces, when obligated. All of the different military services have a Reserve branch under the patronage of the Department of Defense: Army Reserve, Air Force Reserve, Navy Reserve, Marine Corps Reserve, and Coast Guard Reserve.

Though it doesn’t count as active-duty time for most veteran’s benefits, when an individual joins the Reserves, they attend basic training and military job school full time. After completion of basic training and military job school, those considered Reserves resume civilian life, except for training called inactive duty training (IDT) which takes place one weekend per month.

Reserves, however, do complete 14 days of full-time training once a year. The training is categorized as active duty for training (ADT). Neither IDT nor ADT counts toward service requirements for veteran’s benefits.

The president and secretary of defense can request those in the Reserves to active duty at any time in order to increase efforts on certain military projects. Approximately 65,000 Reserves are performing active duty in support of military contingency operations at any given moment.

This type of active duty counts toward veterans benefits.

National Guard

The foremost difference between the National Guard and the Reserves is that the federal government is in charge of the Reserves, while the National Guard units predominately belong to individual states.

There are two National Guard types: the Army National Guard and the Air National Guard. National Guard members attend basic training and military job school full time under ADT (active duty for training), similar to the Reserves.

They resume daily civilian life but train one weekend per month (IDT) in addition to 15 full-time training days per year. This type of IDT/ADT time doesn’t count toward veteran’s benefits.

State governors can call National Guard members to active duty if a state emergency arises. Such emergencies include relief or protection of property and people outside the authority of local law enforcement. This form of state duty is known officially as “Title 38 Call-up” and doesn’t count toward veteran’s benefits either.

Like the Reserves, the president and secretary of defense can call upon the National Guard in provision of military contingency operations, known as “Title 10 Call-ups” or federal duty. This type of duty counts toward service requirements for veteran’s benefits.

In the span of a month, an estimated 40,000 members of the Air and Army National Guard are performing federal duty overseas.

Active Guard/Reserves

A program called the Active Guard/Reserves (AGR) includes members of the Reserves and National Guard that take part in full-time active duty. To make sure that National Guard and Reserve units are ready to mobilize at all times, AGR members provide daily operational support.

For veteran’s benefit service requirements, AGR duty is the similar to full-time active-duty service.

Individual Ready Reserve

A military service contract spans a minimum of eight years total and the time that isn’t spent on active duty or in the Guard/Reserves must be spent in inactive reserves, known as the Individual Ready Reserves (IRR).

Generally, after serving four years, a member is transferred to the IRR for their remaining four years. IRR members don’t take part in weekend drills or annual training, but unfortunately, they don’t get paid either.IRR members can be recalled into active duty when necessary, in order to support military projects.

During IRR status, the time spent inactive doesn’t count toward veteran’s benefits unless the member is recalled into active duty.

Roughly 15,000 IRR members have been recalled into active duty, largely for the Army and Marine Corps, every year since 2004.

See Reference here.

73 comments

  1. why local veteran party of local block clubs in Michigan other states now and the future

  2. Most of the time when you separate from svcriee you have to turn in your ID, will you also accept DD214 s or other proof of svcriee? Thanks, I think this is great you guys are doing this!

  3. I served in the PA Army National Guard and the USAR from 1974 to 1991 and discharged with 2 honorable discharges. I put in 186 days of Basic and AIT. I served two Infantry units, two Field Artillery units, one field Combat Support Hospital and one Military Intelligence unit. Minimum of 13+ years of service. I also have a Distinguished Service Award from the United Veterans’ Council and Veterans’ Advisory Commission of Philadelphia. I have also represented the frigate USS UNITED STATES, First Ship of the United States Navy since Sept 1978. According to the above because I was not active I am not entitled to benefits for all that I have done. Is this true? I am requesting verification of benefits. I was not entitled to a DD214.

    • To help you understand your benefits (if applicable), type the question,”what is a veteran?”. this guide will give you 98% of definite answer to help. make sure to choose the va.org site. or va.gov/benefits

    • I have the same question. 13 years in USAR – captain.

    • Robert T Gilliam

      I was in the Army reserve for four years, I understand that I do not qualify for va benefits but I’m I considered a veteran? I can’t seem to fine that written any place. Thanks

      • The Federal Government does not consider Reservist to be Veteran’s unless you had prior Active Duty Service in the full time Military, were called up to Active Duty and served in war time or served 20 year’s in the Reserve. I too was in the Reserve. I was in the Marine Corps Reserve for 4 year’s. I went to the same Boot Camp and have 2 MOS. We did our 1 weekend per month and our 2 week’s a year. My Dad talked me out of going Active Duty in case I didn’t like it. I signed up Delay entry at 17. By the time I got in I had decided to go to EMT school and work on an Ambulance Service. If I had not done that I would have gone active. I realize that their is a difference between Active Duty and Reserve but to me I went through the same Boot Camp and school’s so even though I am not considered a Veteran by the Government’s standard I will continue to call myself one until I die. I have never been to war nor lived the 24/7 active life I am still a Marine !! Obama signed into Law that all Reserve and National Guard Member’s that fought in War Time for went in Country are considered Veteran’s. Before you were not !

        • i submitted this so everyone who was concerned if they were a veteran of not can read what is on the VA website, it was nit to say you are a veteran or not, but thank you for your service and dedication to our great country.

  4. can u tell me what part of my disability and compensation. . am 100%. my rent is based on income and my management company says that my D&C

    is income. would appreciate a explanation. thank you

  5. what part if, if any, of my disability and compensation is income. Iam rated at 100%

    • Veterans Authority

      Veterans’ benefits are also excluded from Federal taxable income. The following amounts paid to Veterans or their Families are not taxable:

      Education, training, and subsistence allowances.
      Disability compensation and pension payments for disabilities paid either to Veterans or their Families.
      Grants for homes designed for wheelchair living.
      Grants for motor vehicles for Veterans who lose their sight or use of their limbs.
      Veterans’ insurance proceeds and dividends paid either to Veterans or their beneficiaries, including the proceeds of a Veteran’s endowment policy paid before death.
      Interest on insurance dividends left on deposit with the VA.
      Benefits under a dependent-care assistance program.
      The death gratuity paid to a survivor of a member of the Armed Forces who died after September 10, 2001.
      Payments made under the compensated work therapy program.
      Any bonus payment by a state or political subdivision because of service in a combat zone.

  6. fred wagner millhouse

    Army national Guard why no health benefits I served from 1970 to 1976

    • Veterans Authority

      Basic Eligibility
      If you served in the active military service and were separated under any condition other than dishonorable, you may qualify for VA health care benefits. Current and former members of the Reserves or National Guard who were called to active duty by a federal order and completed the full period for which they were called or ordered to active duty may be eligible for VA health benefits as well.

      Reserves or National Guard members with active duty for training purposes only do not meet the basic eligibility requirement.

      Check here for more information: http://www.va.gov/healthbenefits/apply/veterans.asp

      • You are eligible for disability benefits if your disability event occurred while on duty and there was a Line of Duty Report issued with that event. National Guard.

  7. Served in USAF. May 1981 – Sep 1982. Discharged general under Honorable with PPD – later formally diagnosed with Autism/Aspergers. Issue is I was in just short of 180 days. 172 days to be exact. According to what I was told on separation was that I was entitled to nothing, to get nothing and could never get it amended. I am thoroughly embarrassed and break down any time I try to go to find out if I a even entitled to a flag on my coffin.

    Because it was short of 180 days, I am not technically a veteran correct? I am going back to school and don’t want to lie on my forms. I also don’t wish to say that I am if I am not – which is why I rarely talk about that part of my life.

    • You are a veteran if you were discharged honorably. VA benefit eligibility has more requirements so just because you may not qualify for VA benefits, you are entitled to military honors regarding funeral and certainly check the veteran box unless it specifically calls out combat veteran.

      • Thank you for your feedback!

      • I know of a person who served less than four months and was discharged because he could not handle it. He had no medical condition, he just wanted out. (There is also an entry-level separation given usually within the first 180 days for medical or other reasons.) They are usually not considered a veteran.
        He claims he is a veteran and uses it in his business which I think is a sham. His was not an dishonorable discharge but he is hardly a veteran in my opinion. With all of the people trying to claim this honor there should be a CLEAR definition of what it requires to be a Veteran!
        DS B must have his dates wrong as May, 1981 to Sept 1982 is much longer than 180 days. I respect that he wants to be sure before stating he is a veteran, shows integrity.

    • If you have never reached the 180 days , you are not a veteran, why because you discharge will say other than, instead for those even for training purposes did 180 days the DD214 says Honorable discharge , go check your DD@!$ if your discharge says other than then you are not a veteran , I did 8 years as reservist and I am considered by some states a veteran , even my driver licence says veteran, I still get discounts even points in city jobs specially in Pennsylvania. I hope NY Honor that too like in Pennsylvania. I hope that our new President will recognized all reservist and national guard who did 8 years first term the status of veteran, that is fair . all who got the balls to join the armed forces we are first class citizens , meanwhile the rest of the citizens do not do nothing do not serve. I am a Puertorican for served my Nation , all the men in my father’s side served since WWI and the rest, We speak Spanish but we are and feel americans, it is the responsibility of any US citizen regardles what commonwealth states or place in US defend and protect the constitution

      • I am glad to see someone else feels as I do. I served with an Army Reserve Unit from 1969 to 1975 and was honorably discharged. I am told by Veterans who served in Vietnam that if I signed the papers and was willing to be called up that I deserve the title Veteran. The State of Texas recognizes me as a Veteran why doesn’t the Federal Government. They make us out to be second class citizens and that isn’t right. I am eligible to join the American Legion so what is the Federal Government’s problem.

  8. “Full-time

    Active-duty service is simply full time. Active-duty members are available for duty 24 hours per day, 7 days a week, with the exclusion of leave (vacation) or pass (authorized time off). Active-duty members fall under the jurisdiction of the U.S. Department of Defense and can serve in the Army, Air Force, Navy, Marine Corps, and Coast Guard.”

    Doesn’t the U.S. Coast Guard work for the Department of Homeland Security unless in time of war???

    • hi i want to take this min to say thank u veterans for serving the country u mean a lot to me and other people. Thanks u so much

      _hannah

  9. Just to be clear. I served in the Army National Guard. Went through Basic Training, AIT did my 6 years going to drill once a month and 2 weeks a year in the summer and then 2 years inactive and was discharged after completion of service. Am I a Veteran?

    • Depends, on Your Basic Training and AIT did you reached the magic number of days of 180 days? If so then you DD214 should say honorable discharge , otherwise will say other than. I am like you but I did not take the 2 years non active reserve , I did my whole 8 years, my licence says veteran, in the State of Pennsylvania, Puerto Rico give me 5 point for state exams I hope in NY honor the same, I get discount. If you want to now check if you were active for 180 and have a DD214 as honorable discharge

    • Veterans Authority

      For the purposes of VA health benefits and services, a person who served in the active military service and who was discharged or released under conditions other than dishonorable is a Veteran.

      • Robert Redfern

        This question about “Am I a vet or am I not? ” is very troubling for a lot of us. I was in the Air Force Reserve did my 6 years and then served 2 more. I would have stayed for 20 if it wasn’t for my job. But from what I read, I could have served 20+ in the Reserves and I would not be eligible for any benefits at all, correct? I too feel unsure about my status so much so that when I am at an event and someone asks if all the vets in the room would please stand in order to be recognized, I am slow getting out of my seat because I still have a question in my mind and it has been 40 years since I was in uniform. Very sad for all of us, especially those of us that reenlisted when we could have walked away.

  10. I was member of the National Guard Army Reserve for eight and half years and discharged a SSG E -6.A member Aug 5 1952 discharged Mar 6 1961 can i say i am a veteran.
    Thanks very much Richard Merrick

  11. Before I ask a question I would like to thank all those who have served and who are serving our country May the lord bless you and your families,, I have had this question on my mind for years now, and when I have asked it in the past I get so many different answers I don’t what to think…. Back in Early Nov 1976 I enlisted in the USMC during Boot camp training I developed a hernia. They sent me to a doctor that could hardly speech English and it scared the crap out of me haha… They wanted to operate etc… I was really spooked about this being away from home and no speak thee English doctor.. so I decided to ask if I could have my own personal doctor take care of this.. they said yes but we have to discharge you.. I said well OK.. ( one of the biggest mistake of my life I regret it till this day 40 years later, I even have dreams re-enlisting to this day wish I could.) I was young immature at the time. So I was giving an Honorable discharge, DD 256 certificate, DD 214 showing NET Active service, total active service and total service for pay. So here is my question… Mind you back in 1976 things were a little bit different then they are today, I was wondering if I qualify for VA BENEFITS like health care. with this Obama care coverage its killing my wallet, and I was wonder if I would qualify… I was reading all the VA rules and according to this rule I will post here ….. QUOTE: (Length of Service Prior to September 8, 1980, there was no minimum length of service necessary to be considered a veteran for most VA benefits. However, for an individual who enlisted after September 8, 1980, there are now certain minimum length of service requirements. The general requirement is either 24 months of continuous active duty or the “full period” for which the service member was called or ordered to active duty.14) END QUOTE: With this being said I’m just wondering if my service in boot camp was ACTIVE DUTY or ACTIVE DUTY IN TRAINING, because it only states ACTIVE duty on my DD 214 plus the honorable discharge along with it… would they give me an honorable discharge with a DD214 if it was considered (active duty for training)? or wouldn’t they stay it was ACTIVE DUTY FOR TRAINING ON THE DD 214? I appreciate those who took the time to read my lengthy question. Im not trying to promote myself as a seasoned veteran so please this question is not about me being a veteran but only being able to get VA health care if I qualify. So my understanding is if your in the service full time 24/7 your active duty starts from day one, but if your reservist your not considered full time your considered ACTIVE DUTY FOR TRAINING is this correct? . Thanks and God be with all of you daily.

  12. My father was in the National Guard for 8 years around 1956 to 1964. His he considered a veteran?

    • National Guard and Reserve
      Two particular elements of the criteria to be a veteran—“active duty” and “length of service”— are often difficult for members of the National Guard and the reserve components to meet. As a result, these servicemembers, having not met the statutory threshold criteria for “veteran,” are often not eligible for VA benefits. In many cases, members of the Guard and the reserves may not have fulfilled the “active duty” requirement. Members of the Guard and reserves who have never been activated for federal active duty military service, and consequently have not served on regular federal active duty, do not meet the active duty requirement for the definition of a veteran for VA benefits. For other National Guard and reserve members, the two requirements may be met at the same time. An example of this situation would be a Guard or reserve member who was activated for federal military service and served in the Persian Gulf for 12 months. At the end of the activation period, the servicemember would be considered to have served on active duty for that period of

  13. A friend who served 18 years in the Army Reserve and later in the IRR, asked if he was considered to be a veteran. He simply wants to know if, for his service, none of which was on active duty, qualified him to be called a veteran.

    I told him that my personal opinion is that he is a veteran, even though he never served on Active, he did enlist and swore an oath to our country. This oath made him subject to being called to serve, and die if necessary, to protect and defend our Nation. That’s why I feel that he is entitled to be called a veteran, even with veteran benefits.

    I have looked several places online but I haven’t found any sites that speak specifically to this question. They talk about Active Duty, National Guard and Army Reserve Service, but don’t speak to whether a person who was a member of the National Guard or Army Reserve never serving on Active Duty is considered a veteran or not.

    Any information that you could provide that I might pass on to my friend would be sincerely appreciated.

    Thank you.

  14. My question is the same as others that do not seem to have been answered. I served a total of 12 years, in the Air National Guard and Air Force Reserves, as determined by available bases when moving to different states. I am not looking for VA benefits, but simply need to know if I am considered a Veteran, or not. Never activated by state or fed. gov’t, but did “weekend warrior” and two-weeks in the summers, as required. During funerals, Veterans can salute the flag and the processions while civilians put their hand on their heart. I need to know which I am entitled to. Plus, I don’t want to dishonor actual Veterans by calling myself one if I am not.

    • Here is the definition of a US Veteran:

      Under federal law, a veteran is any person who served honorably on active duty in the armed forces of the United States. Discharges marked “general and under honorable conditions” also qualify.

    • I have the same issue and concern. I am not interested in VA benefits, just in knowing whether I would be an imposter if I stand when they ask veterans to stand. Did you ever get a direct answer to your question?

      • According to USC 38 4211 the term veteran is reserved for those who served on active duty for at least 180 days.

        https://www.gpo.gov/fdsys/pkg/USCODE-2011-title38/html/USCODE-2011-title38-partIII-chap42-sec4211.htm
        (4) The term “eligible veteran” means a person who—
        (A) served on active duty for a period of more than 180 days and was discharged or released therefrom with other than a dishonorable discharge;
        (B) was discharged or released from active duty because of a service-connected disability;
        (C) as a member of a reserve component under an order to active duty pursuant to section 12301(a), (d), or (g), 12302, or 12304 of title 10, served on active duty during a period of war or in a campaign or expedition for which a campaign badge is authorized and was discharged or released from such duty with other than a dishonorable discharge; or
        (D) was discharged or released from active duty by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10).

  15. I know I don’t qualify for veteran benefits but wanted to confirm if I am still considered a veteran.
    I served in the South Dakota National Guard and was honorably discharged. I did Basic and AIT training and was in for only 2-3 years total. I was never sent anywhere so I’m not sure if I’m considered a veteran or not.

    • Here is the definition of a US Veteran:

      Under federal law, a veteran is any person who served honorably on active duty in the armed forces of the United States. Discharges marked “general and under honorable conditions” also qualify.

  16. My question is for anyone… If someone does not finish boot camp and is discharged due mental distress.. Is that person still considered a Veteran?

    • Here is the definition of a US Veteran:

      Under federal law, a veteran is any person who served honorably on active duty in the armed forces of the United States. Discharges marked “general and under honorable conditions” also qualify.

      • Is this “either/or?” in other words, is someone who did not serve on active duty, but who receives a discharge marked “general and under honorable conditions” considered a veteran? I’m not interested in veterans’ benefits, I just don’t want to misrepresent myself. But I have not seen a direct answer to this question.

    • the answer is NO because first you id not meet the 180 days secondly you discharge will say medical or other than, so the answer is no

  17. my service dates jan 1960 to oct 1962

    I want to join va medical plan.

    pls advise

  18. People often get confused about the term Veteran:
    The VA generally defines a Veteran only in regards to eligibility for VA benefits…
    For example a Reservist or Guardsman may not qualify for VA health benefits because he/she did not serve a qualifying Active duty period for that particular benefit but he/she may qualify for another VA benefit like a VA home loan or VA educational benefits (GI bill)…..
    In short the VA basically says if you did full-time traditional active duty you qualify for most benefits if you did Active Duty Training-ADT in the reserves (weekend drills are not considered ADT)) it is also considered qualifying active duty for some Veterans benefits like educational benefits and not for others like VA health Care. Reserve Hon discharge may also qualify someone VA benefits other than Health Care
    The American Legion and the VFW both have slightly different definitions of a qualified Veteran for entry into their organization. Many Reservist may qualify for the American Legion and short take a stroll to their membership web-site.
    Finally, don’t equate getting VA health care as the only thing that qualifies someone as a veteran…it does not. If you served in any military branch and were discharged Honorably you are a Veteran…qualifying for certain VA benefits is an entirely different issue.

  19. I have an employee who served as an inactive Marine reservist for 10 years. Would he still not be considered a Veteran?

  20. Is a person that served for 20 plus years in the Army National Guard (No active duty except ADT) who is collecting retirement benefits considered a veteran?

    • The best way I can explain the question that most have ” Am i considered a Veteran” is this. Only the Veterans Administration can answer that question. I encourage everyone who served Active Duty, Ready Reserve , IRR and National Guard is to visit a veteran service officer once you are discharged and no longer have an obligation to one of the services, apply for VA health care by going to your local VA clinic or VA Hospital. they will tell you if you meet the requirements as a veteran. It helps to bring with you your discharge papers, or DD214. If the National Guard doesn’t give you a DD214 then you have your answer. Speak to your unit personnel before you leave the service . Ask those questions before you get out, once you are out you are basically on your own. “Nobody will take care of you better than you”.

  21. The website clarified the definition of a veteran. I served in the Air National Guard from 1956 to 1962, during the cold war and our unit came close to being activated during the Berlin wall crisis. However, since I never participated in any war, I don’t consider myself a “veteran” so I can’t include myself with those brave men and women who served in wars.

  22. If I was active duty Army, but discharged medically in basic does that count as being a veteran? I have a DD214

    • Andrea, according to USC 38 4211 the term veteran is reserved for those who served on active duty for at least 180 days.

      https://www.gpo.gov/fdsys/pkg/USCODE-2011-title38/html/USCODE-2011-title38-partIII-chap42-sec4211.htm
      (4) The term “eligible veteran” means a person who—
      (A) served on active duty for a period of more than 180 days and was discharged or released therefrom with other than a dishonorable discharge;
      (B) was discharged or released from active duty because of a service-connected disability;
      (C) as a member of a reserve component under an order to active duty pursuant to section 12301(a), (d), or (g), 12302, or 12304 of title 10, served on active duty during a period of war or in a campaign or expedition for which a campaign badge is authorized and was discharged or released from such duty with other than a dishonorable discharge; or
      (D) was discharged or released from active duty by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10).

  23. My dad served 2 years in the 1950’s, 4 years reserve. What is he is eligible for when it comes to benefits?

  24. two years was active duty in the Army

  25. Adam…
    Not always easy… and decisions not always fair.
    situation
    4 yrs ROTC which doesn’t count, Understood. Began Sept 1954.
    From 22 Sep 1958 to 21 Mar 1959… 181 days
    Active duty… 8 weeks IOLC Inf Off leadership Course (abbreviated OCS @ Benning) and balance, assigned to Ft Devens Mass. (This is shown on DD214.
    Transferred to active reserves on March 21st due to a one time, little known “for the benefit of the government” release, because of the oversupply of 2nd Lt’s when noncoms were coming back from Korea and wanted promotions… Short term… one time offer.
    I served in the reserves until 4 Feb 1969 when I was honorably discharged as Captain, US Army.
    No benefits at all. Benefit denial cited ACDUTRA, but the active duty time totaled 181 days.

    According to the rules, I guess I’m just not a veteran @ age 81. Would sure like to have that time back, or at least be allowed to be called a veteran.

  26. Hubby served during Vietnam era in Airforce. He was stationed in Ak as c130 mechanic and was never overseas. So no boots on ground but still served during war time.
    Question: why can’t he be service connected?

  27. My father – Pfc. Enrique Hape Entines – VA File # XCSS-06-380-570 – an alleged U.S. National, by compulsory military service for all 21 year olds, got enlisted with the August 1901 US-organized “Philippine Constabulary” (PC) on July 14, 1927 that was under the Department of the Interior till 1934. Before his Honorable Discharge (on July 17, 1930) for the required minimum three (3) year Military Service with the US Army, he got operated with “appendicitis” while still in service in Kingking, Davao of Mindanao – the southernmost part of the Philippine Islands, that was then the first and only U.S. Colony. He had then a service-connected disability, thus entitled to the life-long pension of $30.00/month. So with both his parents. For he was still single that time. On November of 1934 when the Philippines became a US Commonwealth by virtue of the Tydings-McDuffie Act a.k.a. 1934 Philippine Independence Act, Pfc. Entines was integrated with the US-Philippine Commonwealth Army (US-PCA) as trainor of the PCA trainees. But on July 26, 1941, U.S. President Roosevelt subjected him to the death penalty of Articles of War #58 for desertion by his World WAR II (WW2)-Conscription. Thus he was forced to leave his wife with SEVEN (7) children to fight for the US WAR against Japan. Very extremely tragic and definitely deeply traumatic, on March 25, 1945 as a US National WAR-Conscriptee, he died-in-line-of-duty (DILOD) leaving behind his WAR-widow with 7 Orphaned children. And what is very unconscionably egregious, if not preposterous, his service of some 18 years was reduced to FIVE (5) months only – from Nov. 1944 to March 25, 1945. And what is the most deeply traumatic was by an “Ex Post Facto” law – SECTION 107, 38 US Code of February 18, 1946 (almost a year after Pfc. Entines death) was ‘RETROACTIVELY applied to him, rendering his WW2 death-in-service NOT considered “ACTIVE”. For purposes of full and equal VA and SSA concurrent benefits. But somehow the Death Indemnity Compensation (DIC) was prejudicially approved from 1947 only. Instead of 1945. Making matters worse, by virtue of SECTION 107, 38 US Code by double jeopardy war-slavery, massive fraud and heartless treachery, his WAR pay was never paid fully and equally; the NSLI of $5,000.00 was never granted; and the DIC was reduced to 50% only of what Anglo-American widows fully and equally enjoyed. For me, after more than 30 years trying to persuade US Congress, the USVA and SSA to finally and permanently correct this very criminally-conspired and “historical” ‘injustice’, this would constitute the “Cruelest WAR and Hate-CRIME of the Century. And probably its final and permanent correction would demand a very strict scrutiny by either a “Grand Jury” and/or International WAR-Crime inquiry.
    May, i therefore, beg for an opinion. For the latest issue of RACISM, BIGOTRY, WHITE SUPREMACY-Violence-related at Charlotesville, Virginia, undoubtedly reveal all these years that the legalized SECTION 2169 Revised Statutes, judicially-sanctioned in some 31 Racist US Federal Supreme Court decisions (with DRED Scott v. Sanford (1857) decision as the core of the Apartheid. WithOUT mentioning the different SEVEN (7) Racist Court
    decisions versus the US National-demoted “FILIPINO NEGRO” (from 1912 till 1941) v.g. Javier v. US and De Cano v. Washington State (1940), respectively. Thanks for vindicating a true WW2 Heroes’ families’ equal human dignity, justice, honor and respect. More power to truly and unbiasedly recognize US WAR Veterans of all WARS and of all country-origins, collar, culture and races. God bless us all with true and lasting Peace rooted only in real JUSTICE for all.

  28. My cousin who was in the reserve Army national guard, got out after 20 years, got out in 1999, did his required weekends, gets base previlages to the PX, has a military ID card. Deployed 1 month (I don’t know where, to help cover the job) and he said he was told he is not a veteran. Would this be true? I have encouraged him to speak to the vey trans service rep here in town.
    Thank you everyone for your service!

  29. Admin discharge under chapter 5-17 with 16 months of military service. Am I considered to be a veteran? Also, I got injured in the military, do i still get VA medical benefits for my injury?

  30. I enlisted Sept 27, 1990 with the Army National Guard, I left for Ft McClellan on Oct 18, 1990, I returned back March 6, 1991. I served a total of 3 years, and 5 years IRR, President Bush stated at that time that anyone who had served active duty during the Persian Gulf War was considered a veteran. After my ETS I had a DD214 and a NGB 22.

    Fast forward to today, I never used any benefits because I didn’t need them. My wife and I were looking to refinance our house and a friend told me that I could get a VA loan, I just had to apply for the COE. I checked a bunch of websites to see if I qualified for a VA loan, and there it was, Yes I do, I had served more than 90 days during a time of war. I applied for the COE, attached my DD214 and NGB22, and started my long wait.

    Yesterday I got a nice email, it stated that with the information provided that I do not qualify for a VA COE or Home Loan. I called them and asked why, I checked the qualifiers and it has it right there, I qualify. A very nice person on the phone looked into it and stated that my active time was during training and that does not qualify towards the time requirements.

    I have to say that I feel like half of a veteran, I did my time during wartime, I was discharged honorably, I have a veteran licence plate, but I’m not good enough to get any benefits from the VA.

    That is all.

    • The same is happen to me, I have my licence saying I am a veteran, I have a veteran licence plate as well too,in the state of Pennsylvania they gave me 5 point for state jobs, also I take state exam and use my D214 as a waive of the fee, I hope NY honor the 5 points for my current pass exams.

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