This section sets forth the beginning and ending dates of each war period beginning with the Indian wars. Note that the term period of war in reference to pension entitlement under 38 U.S.C. 1521, 1541 and 1542 means all of the war periods listed in this section except the Indian wars and the Spanish-American War. See § 3.3(a)(3) and (b)(4)(i).
(a) Indian wars. January 1, 1817, through December 31, 1898, inclusive. Service must have been rendered with the United States military forces against Indian tribes or nations.
(b) Spanish-American War. April 21, 1898, through July 4, 1902, inclusive. If the veteran served with the United States military forces engaged in hostilities in the Moro Province, the ending date is July 15, 1903. The Philippine Insurrection and the Boxer Rebellion are included.
(c) World War I. April 6, 1917, through November 11, 1918, inclusive. If the veteran served with the United States military forces in Russia, the ending date is April 1, 1920. Service after November 11, 1918 and before July 2, 1921 is considered World War I service if the veteran served in the active military, naval, or air service after April 5, 1917 and before November 12, 1918.
(d) World War II. December 7, 1941, through December 31, 1946, inclusive. If the veteran was in service on December 31, 1946, continuous service before July 26, 1947, is considered World War II service.
(e) Korean conflict. June 27, 1950, through January 31, 1955, inclusive.
(f) Vietnam era. The period beginning on November 1, 1955, and ending on May 7, 1975, inclusive, in the case of a veteran who served in the Republic of Vietnam during that period. The period beginning on August 5, 1964, and ending on May 7, 1975, inclusive, in all other cases.
(Authority: 38 U.S.C. 101(29))
(g) Future dates. The period beginning on the date of any future declaration of war by the Congress and ending on a date prescribed by Presidential proclamation or concurrent resolution of the Congress.
(Authority: 38 U.S.C. 101)
(h) Mexican border period. May 9, 1916, through April 5, 1917, in the case of a veteran who during such period served in Mexico, on the borders thereof, or in the waters adjacent thereto.
(Authority: 38 U.S.C. 101(30))
(i) Persian Gulf War. August 2, 1990, through date to be prescribed by Presidential proclamation or law.
(Authority: 38 U.S.C. 101(33))
[26 FR 1563, Feb. 24, 1961, as amended at 32 FR 13223, Sept. 19, 1967; 36 FR 8445, May 6, 1971; 37 FR 6676, Apr. 1, 1972; 40 FR 27030, June 26, 1975; 44 FR 45931, Aug. 6, 1979; 56 FR 57986, Nov. 15, 1991; 62 FR 35422, July 1, 1997; 87 FR 68363, Nov. 15, 2022]
Notes of Decisions
Clarence W. Kowalski v. R. James Nicholson, 19 Vet. App. 171 (Vet. App. 2005).
· cites it 3× “; see also 38 C.F.R. § 3.2 (e) (2004). In February 1999, he filed with a VA regional office (RO) a claim for VA service connection for, inter alia, hearing loss from his exposure to heavy-weapons fire while assigned as a light-truck driver in Korea.”
Mason v. Principi, 16 Vet. App. 129 (Vet. App. 2002).
· cites it 2× “Mason’s active service did not fall within any period of war as defined in 38 C.F.R. § 3.2 . Thus, the Board concluded: “[T]he veteran’s claim for entitlement to a permanent and total disability rating for pension purposes must be denied because of the absence of legal merit or…”
Fischer v. West, 11 Vet. App. 121 (Vet. App. 1998).
· cites it 3× “§ 101 (29); 38 C.F.R. § 3.2 (f). The veteran served on active duty until February 1962, but did not serve in the Republic of Vietnam.”
Ford v. Gober, 10 Vet. App. 531 (Vet. App. 1997).
“§ 3.303 (a) (1996). Pursuant to 38 U.S.C. § 101 (9), the period of wartime service for veterans of the Korean conflict extends from June 27, 1950, to January 31, 1955.”
Bagby v. Derwinski, 1 Vet. App. 225 (Vet. App. 1991).
“Because appellant served during wartime, see 38 C.F.R. § 3.2 (d) (1990), he is entitled to invoke both the statute and the regulation.”
Crowe v. Brown, 7 Vet. App. 238 (Vet. App. 1994).
“§§ 1137 , 1110; 38 C.F.R. §§ 3.2 (f), 3.304(a) (1993). 1.”
Ortiz v. McDonough, 6 F.4th 1267 (Fed. Cir. 2021).
“Ortiz served during the Vietnam era, a “period of war,” 38 C.F.R. § 3.2 (f), within the meaning of 38 U.”
Johnson v. Brown, 9 Vet. App. 369 (Vet. App. 1996).
“See also 38 C.F.R. §§ 3.2 (d),(e), 3.3(a)(3) (1995).”
Browder v. Derwinski, 1 Vet. App. 204 (Vet. App. 1991).
“See 38 C.F.R. § 3.2 (f) (1990) (setting forth the dates of war service.”
Snyder v. McDonough, 1 F.4th 996 (Fed. Cir. 2021).
“Army for less than 50 days in 1974—during the Vietnam era, a “period of war,” 38 C.F.R. § 3.2 (f)—his service ending with an honorable discharge when a knee injury rendered him unfit.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.