38 U.S.C. § 4304
Section 4304 · Character of service
Amended 1 time on record
Applied in 19 court decisions — leading case Petty v. Metropolitan Government (2008)
Most recently applied in Jbari v. Dist. of Columbia (March 2018)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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) A dismissal of such person permitted under section 1161(a) of title 10.
(4) A dropping of such person from the rolls pursuant to section 1161(b) of title 10.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Prior Provisions
Prior sections 4304 to 4307, applicable to reemployments initiated before the end of the 60-day period beginning Oct. 13, 1994, are contained in chapter 43 set out as a note preceding this subchapter.
Another prior section 4304 was renumbered section 7604 of this title.
Effective Date
Section effective with respect to reemployments initiated on or after the first day after the 60-day period beginning Oct. 13, 1994, with transition rules, see section 8 of Pub. L. 103–353, set out as a note under section 4301 of this title.