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I was in the national gaurd and deployed to active duty for…

I was in the national...
I was in the national gaurd and deployed to active duty for over 181 days between 1997 and 1998. I later returned home and took an early discharge to save my marriage. I did receive a dd214 for active duty. Am I still elligable for VA loans?
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Answered in 52 minutes by:
3/3/2014
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,458
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

I am very sorry to have to bear bad news. What you describe will not qualify for the VA home or small business loan. Both require at least 2 years of active service, or 6 years of reserve service.

What you describe will not qualify.

Again, I am very sorry to have to bear bad news.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,458
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
P. Simmons and 87 other Military Law Specialists are ready to help you
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Customer reply replied 4 years ago
The requirements page arent very clear. I have spoken to a loan officer with veterans united. He seemed to think my overseas deployment would cover the 181 day veterans requirement. I hate the bad news but hey it is what it is. Being that I took a hardship out is it possible to waiver the time requirement?
Thanks

I agree...the page the VA has is not clear. You need to look at the US Code

And in looking I see that it indicates that a reservist CAN qualify with less than 2 years IF called to serve, and they serve the entire time they are called...does that apply to you?

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Customer reply replied 4 years ago
Probably not I volunteered and was selected to be deployed out of several candidates. It was a tour to the Balkans ..Macedonia to be exact in support of the 1/6th infantry and United Nations .
That is going to be the key...

That is, as a reservist, you can qualify IF you were called up to serve and served the entire tour (so...say you were called for 6 months and served 6 months? you would then qualify)

The law that applies can be seen here


U.S. Code › Title 38 › Part IV › Chapter 53 › § 5303A
38 U.S. Code § 5303A - Minimum active-duty service requirement

http://www.law.cornell.edu/uscode/text/38/5303A


Here is what it says

(a) Notwithstanding any other provision of law, any requirements for eligibility for or entitlement to any benefit under this title or any other law administered by the Secretary that are based on the length of active duty served by a person who initially enters such service after September 7, 1980, shall be exclusively as prescribed in this title.
(b)
(1) Except as provided in paragraph (3) of this subsection, a person described in paragraph (2) of this subsection who is discharged or released from a period of active duty before completing the shorter of—
(A) 24 months of continuous active duty, or
(B) the full period for which such person was called or ordered to active duty,

So you need either 24 months active service OR to have served for the full time you were called up.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.




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Customer reply replied 4 years ago
I served the full deployment duration but when I got home i asked to be dismissed from the gaurd a few months late and was placed on ready reserve till I was honorably discharged
Customer reply replied 4 years ago
I served the full deployment duration but when I got home i asked to be dismissed from the gaurd a few months later and was placed on ready reserve till I was honorably discharged so I spent the whole tour of active duty but received an early out of the gaurd
Well...that will depend on what your orders say. The law is clear...you have to serve the entire portion of the period for which you were called up. There is no waiver provision for this law.

If you did not serve the entire time, you can not qualify for the benefit

But if you did serve? Then you qualify

It really is as simple as that.

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