38 USC § 4304 - Character of service

---
identifier: "/us/usc/t38/s4304"
source: "usc"
legal_status: "official_legal_evidence"
title: "38 USC § 4304 - Character of service"
title_number: 38
title_name: "VETERANS’ BENEFITS"
section_number: "4304"
section_name: "Character of service"
chapter_number: 43
chapter_name: "EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES"
subchapter_number: "I"
subchapter_name: "GENERAL"
part_number: "III"
part_name: "READJUSTMENT AND RELATED BENEFITS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3152.)"
---


# § 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)** 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.

---

**Source Credit**: (Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3152.)

## Editorial Notes

### Prior Provisions

Prior 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 .

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.

Another prior section 4304 was renumbered .

Section 4305, added , , , § 2025; renumbered § 4305, , , , directed the Secretary of Labor, through the Office of Veterans’ Reemployment Rights, to render assistance in obtaining reemployment.

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.

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 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 .