38 USC 3301 - Definitions

U.S Code last checked for updates: May 18, 2024

§ 3301.

Definitions

In this chapter:

(1)

The term “active duty” has the meanings as follows (subject to the limitations specified in sections 3002(6) and 3311(b)):

(A)

In the case of members of the regular components of the Armed Forces, the meaning given such term in section 101(21)(A).

(B)

In the case of members of the reserve components of the Armed Forces, service on active duty under a call or order to active duty under section 688, 12301(a), 12301(d), 12301(g), 12301(h), 12302, 12304, 12304a, or 12304b of title 10 or section 712 1

 See References in Text note below.

of title 14.

(C)

In the case of a member of the Army National Guard of the United States or Air National Guard of the United States, in addition to service described in subparagraph (B), full-time service—

(i)

in the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard; or

(ii)

in the National Guard under section 502(f) of title 32 when authorized by the President or the Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.

(2)

The term “emergency situation” has the meaning given such term in section 3601 of this title.

(3)

The term “entry level and skill training” means the following:

(A)

In the case of members of the Army, Basic Combat Training and Advanced Individual Training or One Station Unit Training.

(B)

In the case of members of the Navy, Recruit Training (or Boot Camp) and Skill Training (or so-called “A” School).

(C)

In the case of members of the Air Force or the Space Force, Basic Military Training and Technical Training.

(D)

In the case of members of the Marine Corps, Recruit Training and Marine Corps Training (or School of Infantry Training).

(E)

In the case of members of the Coast Guard, Basic Training and Skill Training (or so-called “A” School).

(4)

The term “program of education” has the meaning given such term in section 3002, except to the extent otherwise provided in section 3313.

(5)

The term “Secretary of Defense” means the Secretary of Defense, except that the term means the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy.

(Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2359; amended Pub. L. 111–377, title I, § 101(a), Jan. 4, 2011, 124 Stat. 4107; Pub. L. 112–239, div. A, title VI, § 681(c), Jan. 2, 2013, 126 Stat. 1795; Pub. L. 115–48, title I, § 101(a), title IV, § 401(a), Aug. 16, 2017, 131 Stat. 974, 995; Pub. L. 116–283, div. A, title IX, § 926(g), Jan. 1, 2021, 134 Stat. 3831; Pub. L. 117–333, § 3(e)(1), Jan. 5, 2023, 136 Stat. 6127.)

cite as: 38 USC 3301