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Updated Nov 27, 2024

In This Section

  
This section contains the following topics:
 
 
 
 

1.  Minimum Active Duty Service Requirements

 

Introduction

  
This topic contains information on the minimum active duty service requirements, including

Change Date

  
August 2, 2022

III.i.1.B.1.a.  Requirement for a Minimum Period of Active Duty

  
The minimum active duty service requirement of 38 CFR 3.12a(a)(1) must be met, in accordance with 38 U.S.C. 5303A, by all persons, including officers, who
  • originally enlisted in a regular component of the Armed Forces after September 7, 1980, or
  • entered on active duty after October 16, 1981, and
  • have not
    • previously completed a continuous period of active duty of at least 24 months, nor
    • been discharged or released from active duty under 10 U.S.C. 1171.
Important:  A Veteran may meet the minimum period of active duty without completing 24 months of active duty.  38 CFR 3.12a(a)(1) defines the minimum period as
  • 24 months of continuous active duty, or
  • the full period for which a person is called or ordered to active duty.
Note:  In the case of a delayed enlistment, the entry date for purposes of this provision is the date of entry on active duty, not the date of swearing in, which may have preceded actual entry into active duty.

III.i.1.B.1.b.  Entitlement to VA Benefits When the Minimum Active Duty Requirements Are Not Met

  
An individual who does not meet the minimum active duty service requirements is not eligible for any benefit under 38 U.S.C. or under any other law administered by the Department of Veterans Affairs (VA) except
  • benefits for, or in connection with, a service-connected (SC) disability or death
  • insurance benefits provided by 38 U.S.C. Chapter 19, and/or
  • refunds of a participant’s contributions to the educational benefits program provided by 38 U.S.C. Chapter 32.

III.i.1.B.1.c.  Exceptions to the Minimum Active Duty Service Requirements

  
The table below outlines exceptions to the minimum active duty requirements.
 
Exception
Description/Restrictions
Discharge Under 10 U.S.C. 1173
This discharge applies to an individual discharged for hardship.
 
Acceptable narrative reasons on DD Form 214, Certificate of Uniformed Service
 
A DD Form 214 issued for reasons of hardship must reflect Hardship or Dependency as the narrative reason for separation.
 
Note:  Develop for cases in which
  • the DD Form 214 is unclear as to the reason for discharge, and
  • a discharge for hardship is alleged but not stated on the DD Form 214.
Discharge Under 10 U.S.C. 1171
This discharge allows for an early-out discharge within one year of the expiration of the term of enlistment or extended enlistment.
 
Note:  This discharge is not available to officers.
 
Restrictions for persons in the Air Force, Space Force, Navy, and Marine Corps
 
This discharge is not available to persons in the Air Force, Space Force, Navy, and Marine Corps who are discharged with less than 33 months of service, as the minimum period of enlistment for these branches of service is 3 years.
 
Restrictions for persons in the Army
 
This discharge is not available to persons in the Army who are discharged with less than 21 months of service, as the minimum period of enlistment is 2 years.
 
Acceptable narrative reasons on DD Form 214
 
Most discharges under 10 U.S.C. 1171 have one of the following narrative reasons for discharge on the DD Form 214:
  • Overseas Returnee
  • Expiration of Term of Service, or
  • Completion of Required Service.
Accept a DD Form 214 with one of these narrative reasons and at least 21 months of service as proof of discharge under 10 U.S.C. 1171 without further development.  Any other narrative reason for discharge for an enlisted person who served at least 21 months requires development to determine if the discharge was under 10 U.S.C. 1171.
 
Restrictions for Public Health Service (PHS) and National Oceanic and Atmospheric Administration (NOAA) enlistments
 
This discharge cannot be authorized by the PHS and NOAA as only officers serve in those branches.
Disability Discharge
This discharge is for those individuals who
  • are discharged or released from active duty for a disability determined to be SC without presumptive provisions of law, or
  • at the time of discharge, had such an SC disability shown by official records which, in medical judgment, would have justified a discharge for disability.
Compensable SC Disability
An individual with a compensable SC disability.
Discharge from Reserve Status for Disability
This discharge is issued to an individual who incurred an SC disability from an inactive duty training injury and is subsequently discharged or released from reserve status for that disability.  The individual should be considered to have been discharged or released from active service.
 

III.i.1.B.1.d.  Entitlement to Benefits Before the Date of Enactment of 38 U.S.C. 5303A

  
Entitlement to any benefit legally provided prior to the date of enactment of 38 U.S.C. 5303A, October 1, 1981, based on minimum active duty service requirements in effect at that time, is not affected.
 
Example:  An individual issued a certificate of eligibility for a VA home loan guaranty prior to October 1, 1981, continues to be eligible for that benefit even though the active duty service performed no longer qualifies under 38 U.S.C. 5303A.
 

2.  General Information Regarding Verification of Service and COD

 

Introduction

  
This topic contains information on verifying service and the Veteran’s COD, including

Change Date

  
September 30, 2021

III.i.1.B.2.a.  Verifying Service and COD

  
Verify active service dates and character of discharge (COD) by first reviewing the available service department records or other acceptable evidence of service in the claims folder.  If a review of the claims folder indicates the available evidence is incomplete, any information is questionable, or no service department records or other acceptable evidence are available, request further verification or additional data via the
Important:  As noted in M21-1, Part X, Subpart i, 6.C.3.d, Benefits Delivery at Discharge claims are rated while the service member is still on active duty.  Therefore, the current period of service will not be verified until after discharge.  These claims must not be deferred for service verification.
 
References:  For more information on

III.i.1.B.2.b.  Determining FPOW Status

  
Review the claim and the available service and separation records for any indication that the Veteran was a former prisoner of war (FPOW).
 
Reference:  For more information on determining FPOW status, see

III.i.1.B.2.c.  Considering Travel Time When Verifying Length of Service

  
Under 38 U.S.C. 106(c), a service member is considered to remain on active duty after discharge or release for the period of time necessary to travel directly home.  Travel time is determined by the service department; however, a person is always considered to be on active duty until midnight of the day of discharge or release.
 
Consider travel time in determining eligibility to benefits requiring 90 days or 24 months of active service.  By adding travel time as certified by the service department, the required period of active service may be met.  If there is a possibility that the information regarding travel time may be determinative, request the information through PIES or DPRIS.
 
Note:  Do not routinely request certification of travel time if the records show that the Veteran had less than 80 days of active service.  In these cases, request certifications only if
  • travel time is put at issue by the claimant, or
  • unusual circumstances exist, such as an overseas discharge.
References:  For more information about requesting travel time in

III.i.1.B.2.d.  Requesting Certification of Travel Time

  
If the Veteran is disabled or dies from an injury within 11 days after discharge from service, compensation or Dependency and Indemnity Compensation (DIC) may be payable.
 
In these cases, or if travel time is put at issue by the claimant, make an inquiry to the service department as to whether the Veteran was entitled to travel time under 38 U.S.C. 106(c) for the date and hour on which the injury or death occurred.

III.i.1.B.2.e.  Determining Travel Time for PHS Claimants

  
For PHS claimants, accept the dates shown on the separation document as including travel time.
 
The PHS determines travel time prior to separation and includes it in the active duty dates.

III.i.1.B.2.f.  Paying Compensation Prior to Service Verification for Veterans Retired for Length of Service

  
Use the procedure in the following table if
  • the evidence shows the Veteran retired due to length of service, and
  • medical records are available, but not all service periods are verified.
Note:  This procedure applies only to Veterans who are retired from the military for length of service.
 
Step
Action
1
  • Request verification from the appropriate service department of unverified service periods via PIES, and
  • maintain a 45-day control
    • 30 days for the initial request, and
    • 15 days for the follow-up request.
2
Send the claims folder to the rating activity for action.
3
If
  • service connection (SC) is awarded, go to Step 4
  • SC is denied, go to Step 5, and
  • no response is received from the service department during the 45-day control period, go to Step 6.
4
When SC to a compensable degree is awarded
  • input data to process the compensation award
  • enter the unverified Enter(ed) on Duty (EOD) date from service medical records or claim form (for example, the VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits), in the EOD field on the Share RATING DATA screen
  • update the Beneficiary Identification and Records Locator Subsystem (BIRLS)/Share Veteran Identification Data (VID) screen to show
    • the service dates used on the RATING DATA screen
    • UNK in the SEP RSN CODE field, and
    • N in the VERIFIED field, and
  • the authorization activity will
    • authorize the award
    • continue the end product (EP) for the 45-day control time, and
    • go to Step 6.
5
When SC is denied or when SC is awarded at a non-compensable degree
  • input data to process the decision
  • generate a decision notice, and
  • the authorization activity will authorize the award action thereby closing the EP.
6
When a response
  • is received from the service department
    • update the service data in BIRLS and the corporate record, and
    • clear the EP control.
  • is not received from the service department after 45 days, perform the follow-up actions as described in M21-1, Part III, Subpart ii, 2.D.3.
 
 
 

3.  Forms of Evidence for Verification of Service and COD

 

Introduction

  
This topic contains information about the forms of evidence used to verify service and COD, including

Change Date

  
November 17, 2021

III.i.1.B.3.a.  Acceptable Forms of Evidence of Qualifying Active Service

  
Consider only the documentary evidence of qualifying service listed in the table below as adequate evidence of service for eligibility determinations.
 
Consider acceptance of …
Of a …
As adequate evidence of service for eligibility determinations because …
the original (copy 1)
DD Form 214, printed prior to July 1, 1979,
it contains COD information.
the original (copy 1)
PHS Form 1867, Statement of Service – Verification of Status of Commissioned Officers of the U.S. Public Health Service
this information is furnished by the PHS.
 
the original (copy 1)
NOAA Form 56-16, Report of Transfer or Discharge
this information is furnished by NOAA.
the original
NGB Form 22, National Guard Report of Separation and Record of Service
this information is furnished by the service department.
the original (copy 1)
report of separation document that includes the Veteran’s name, rank, service number, dates and character of service, and the Veteran’s signature
report of separation documents were issued prior to the implementation of DD Form 214.
any carbon copy (copy 2 through 8)
original DD Form 214 (any edition) or other report of separation document
authorized employees of the Veterans Service Center can authenticate photocopies of DD Form 214.
a digitally signed copy
DD Form 214, or DD Form 215, Correction to DD Form 214, issued by the Department of Defense (DoD), a military service branch, or a State Adjutant General
a digitally signed form contains a 10-digit number that follows the certifying official’s name and it is acceptable in place of a certifying official’s signature if
  • the form appears genuine and unaltered, and
  • the Veteran was discharged on or after August 1, 2008, under other than dishonorable conditions.
a copy or abstract
DD Form 214 or equivalent certified by a local or State government official
the copy or abstract was certified by a local or State government official whose office recorded the Veteran’s original service DD Form 214 or equivalent.
 
Note:  A copy or abstract of the Veteran’s original (copy 1) of the DD Form 214 dated July 1, 1979, or later is not acceptable.  This includes any electronically transmitted service information provided to a 3rd party such as a Veterans service organization.
a copy or abstract
DD Form 214 or equivalent submitted or already of record when a valid application for plot benefits has been submitted by a State cemetery
 
Important:  This is for State plot burial benefits only.
  • this information is furnished by a State cemetery, and
  • the form appears genuine and unaltered.
a copy
DD Form 214 or equivalent submitted by the claimant or the claimant’s representative
examination of the copy confirms it is
  • genuine, and
  • free from alteration.
Notes:
  • Original records cannot be returned to claimants.  Encourage claimants to submit copies of original documents that are acceptable as specified in the table instead of original documents.
  • In assessing whether scanned documents in the electronic claims folder are authentic, look for notations indicating the image is of an original or certified copy.  Evidence of a raised seal or certification stamp is proof the image is of the original document or a certified copy of it.  In assessing whether a document is genuine and unaltered, look for discrepancies with other documents in the file such as birth date, dates of service, service number, that might suggest a document was altered before being photocopied.
  • The appropriate service department retains Copy 2 of DD Form 214 as the permanent record of the Veteran’s service.
  • If the Remarks section of the DD Form 214 contains the entry “Continuous active military service: XX-XX-XX [Date],” service is verified from that date, regardless of any later date shown in the EOD section of the form.  A DD Form 214 with such an entry is acceptable proof of EOD and Release from Active Duty (RAD) dates.  Enter these dates in BIRLS and the Master Record.

References:  For more information on

III.i.1.B.3.b.  Verification of Service Using the VID Tab in Share

  
The VID tab in Share can be used as proof of service if sufficient information is provided on the screen.
 
Proof of service exists if the service verification field contains a
  • Y or D in the VADS field, or
  • Y in the VER field.
Also, the VID tab shows
  • the character of service is
    • HON (honorable), or
    • UHC (under honorable conditions)
  • the branch of service code is not
    • ARNG (Army National Guard), or
    • ANG (Air National Guard), and
  • the separation reason is SAT (satisfactory).
A separation reason of DEV indicates that further development may be required.  Upon verification of service, the separation reason must be updated.
 
Exception:  For Merchant Marine service records, a separation reason of DEV may not require clarification if it meets certain criteria.
 
Note:  The entry D is added from Defense Manpower Data Center processing.
 
References:  For more information on

III.i.1.B.3.c.  VADIR Data on the VID Tab in Share

  
VA has a link to access a Veteran’s military history information from VA/DoD Identity Repository (VADIR).  The information obtained from VADIR is considered an electronic DD Form 214, and is acceptable for verification of service, COD, and separation reason.
 
The information retrieved from VADIR is identical to the information accessible in VIS, and can be viewed in VIS.
 
Notes:
  • If there are discrepancies between the information displayed in VIS and evidence provided by the service member pertaining to the dates of service or COD, develop for the DD Form 214.
  • For reservists and National Guard members, a DD Form 214 is filed for each segment of active duty.  VIS will display the dates a reservist or National Guard member entered and exited active duty with the same unit.  VIS will not display dates for activation within a unit.
  • For retirees, a known discrepancy exists in VIS showing a one day difference between the RAD provided by VIS and the RAD on the DD Form 214.  The RAD data in VIS is the last day the service member is paid by the military.  To arrive at the same separation date shown on a retiree’s DD Form 214, add one day to the RAD date displayed in VIS.
  • Data in VIS concerning return to active duty may be inconsistent, as discussed in M21-1, Part X, Subpart v, 2.B.1.b.
References:  For more information on

III.i.1.B.3.d.  Unacceptable Forms of Evidence

  
If a claimant has submitted evidence of service which cannot be accepted and military service cannot be verified by other methods
  • send a denial letter which
    • explains the attempts to verify service, and
    • describes the acceptable forms of evidence, and
  • furnish notice of decision review rights.
Reference:  For more information on providing a decision notice, see M21-1, Part VI, Subpart i, 1.B.

III.i.1.B.3.e.  Completion of Administrative Decision When Qualifying Service Cannot Be Verified

  
When qualifying service cannot be verified in a claim for compensation or DIC, complete an administrative decision as directed by M21-1, Part X, Subpart v, 1.C before administrative denial of the claim.
 
References:  For more information on

 

4.  Alternative Sources for Evidence of Service

Change Date

  
September 30, 2021

III.i.1.B.4.a. Alternative Sources for Evidence of Service

  
When the standard means of verifying a Veteran’s service are unsuccessful, regional offices (ROs) should follow up with the claimant, encouraging a search of personal effects for a copy of discharge documents or other evidence of service.
 
If a claimant is still unable to locate acceptable evidence of service and the Veteran’s record contains sufficient information to justify a request for this evidence, ROs should attempt to request it from the following sources:
  • Social Security Administration
  • State unemployment offices
  • State historical commissions
  • Federal or State offices of personnel management (if the Veteran was employed by a Federal or State agency)
  • current or former employers (The Veteran may have provided an employer a copy of discharge documents at the time of application or hiring.)
  • Railroad Retirement Board (if the Veteran was employed by the railroad)
  • county courthouses
  • State Adjutants General offices, and/or
  • rosters or registers published by some States that list Veterans who served in World War I, World War II, and the Korean Conflict.  (These may contain complete service data for each Veteran listed.)
Note:  ROs must determine which sources of alternative records are most reliable and the weight to be given to any evidence acquired.

 

5.  DD Form 214

Introduction

  
This topic contains information on DD Form 214, including

Change Date

  
November 27, 2024

III.i.1.B.5.a.  When Service Departments Provide VA With a Certificate of Release

  
A DD Form 214 is issued by the service department to the following types of service members:
  • members who are separated or released from active service
  • recalled retirees reverting to retired status, regardless of the period of active duty service
  • members who are separated for cause or for physical disability, regardless of the period of active service
  • personnel being separated, when they have served 90 days or more or when required by the Secretary concerned for shorter periods, from a period of active duty for training, full-time training duty, or active duty for operational support
  • reserve component personnel ordered to active duty for a contingency operation for a period greater than 30 days, or
  • members who change their status or component while serving on active service.
Reference:  For more information on service department issuance of DD Form 214, see DoD Instruction 1336.01.

III.i.1.B.5.b.  When Service Departments Provide VA With a Certificate of Release

  
Service departments provide VA with a copy of a service member’s DD Form 214 or other appropriate certificate of release
  • if/when the service member files a claim for VA benefits at the time of separation, or
  • when the service member is released from active duty.
Note:  Prior to the deployment of DoD’s Healthcare Artifacts and Images Management Solution (HAIMS) on January 1, 2014, service departments included a copy of DD Form 214 with the service treatment records (STRs) they provided to VA.

III.i.1.B.5.c.  Notices of Separation That PHS and NOAA Use

  
PHS and NOAA began using DD Form 214 as their official notice of separation in October 2021.  Prior to using DD Form 214,
  • PHS used PHS Form 1867, Statement of Service-Verification of Status of Commissioned Officers of the U.S. Public Health Service, and
  • NOAA used NOAA Form 56-16, Report of Transfer or Discharge.
These notices of separation are routinely provided to the Veterans Assistance Discharge System unit at the Austin Data Processing Center, where data from the notices are manually entered into the corporate record.

III.i.1.B.5.d.  Handling Copies of DD Form 214 in an STR Document in VBMS

  
In some cases, during the scanning of paper documents into an electronic claims folder (eFolder) in the Veterans Benefits Management System (VBMS), the DD Form 214 was scanned with the STRs.
 
When a DD Form 214 is part of the STR document in the eFolder, RO employees must ensure the DD Form 214 is properly identified.  This must be done either by
  • ensuring the subject line of the STR document identifies the inclusion of the certified DD Form 214, or
  • adding a bookmark indicating the certified DD Form 214 is included in the STR document.
Reference:  For more information on VBMS folder maintenance functionality, see

III.i.1.B.5.e. Handling Paper Copies of DD Form 214 Received From RMC

  
Prior to the deployment of HAIMS on January 1, 2014, service departments included a copy of DD Form 214 with the STRs they sent to RMC.  When RMC transferred STRs to an RO, it included the copy of the DD Form 214 in the STRs.  ROs may accept the copy as valid for the purpose of verifying a Veteran’s service.
 
Follow the steps in the table below for handling a copy of a DD Form 214 that RMC included in a Veteran’s STRs if there is a paper claims folder.
 
Step
Action
1
Look for RMC’s “received” date stamp on the DD Form 214.
2
Does the date stamp appear on the DD Form 214?
  • If yes, go to Step 5.
  • If no, go to the next step.
3
Annotate the DD Form 214 on the lower, right-hand margin or back of the form with DD Form 214 received from RMC.
4
Sign, provide job title, and date the DD Form 214 on the lower, right-hand margin or back of the form.
5
Reverse-file the DD Form 214 on the inside of the right-hand flap of the claims folder.
 
Reference:  For more information on HAIMS, see M21-1, Part III, Subpart ii, 2.B.

III.i.1.B.5.f.  Service Information in the Corporate Record

  
Corporate records may be created or, in the case of an existing record, updated to reflect service information received from a service department.
 
Share indicates the existence of a Veterans Assistance Discharge System (VADS) record with a Y or a D in the VADS field on the Veterans identification tab.
 
References:  For more information on