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38 U.S.C. § 3221 — Eligibility
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each person entering military service on or after January 1, 1977, and before July 1, 1985, shall have the right to enroll in the educational benefits program provided by this chapter (hereinafter in this chapter referred to as the “program” except where the text indicates otherwise) at any time during such person’s service on active duty before July 1, 1985. When a person elects to enroll in the program, such person must participate for at least 12 consecutive months before disenrolling or suspending participation.
**(b)** The requirement for 12 consecutive months of participation required by subsection (a) of this section shall not apply when (1) the participant suspends participation or disenrolls from the program because of personal hardship as defined in regulations issued jointly by the Secretary and the Secretary of Defense, or (2) the participant is discharged or released from active duty.
**(c)** A participant shall be permitted to suspend participation or disenroll from the program at the end of any 12-consecutive-month period of participation. If participation is suspended, the participant shall be eligible to make additional contributions to the program under such terms and conditions as shall be prescribed by regulations issued jointly by the Secretary and the Secretary of Defense.
**(d)** If a participant disenrolls from the program, such participant forfeits any entitlement to benefits under the program except as provided in subsection (e) of this section. A participant who disenrolls from the program is eligible for a refund of such participant’s contributions as provided in [section 3223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3223&num=0&edition=prelim).
**(e)** A participant who has disenro
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Source location: Title 38, Chapter 32, § 3221; chapter-032-post-vietnam-era-veterans-educational-assistance.md
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**(a)** Each person entering military service on or after January 1, 1977, and before July 1, 1985, shall have the right to enroll in the educational benefits program provided by this chapter (hereinafter in this chapter referred to as the “program” except where the text indicates otherwise) at any time during such person’s service on active duty before July 1, 1985. When a person elects to enroll in the program, such person must participate for at least 12 consecutive months before disenrolling or suspending participation.
**(b)** The requirement for 12 consecutive months of participation required by subsection (a) of this section shall not apply when (1) the participant suspends participation or disenrolls from the program because of personal hardship as defined in regulations issued jointly by the Secretary and the Secretary of Defense, or (2) the participant is discharged or released from active duty.
**(c)** A participant shall be permitted to suspend participation or disenroll from the program at the end of any 12-consecutive-month period of participation. If participation is suspended, the participant shall be eligible to make additional contributions to the program under such terms and conditions as shall be prescribed by regulations issued jointly by the Secretary and the Secretary of Defense.
**(d)** If a participant disenrolls from the program, such participant forfeits any entitlement to benefits under the program except as provided in subsection (e) of this section. A participant who disenrolls from the program is eligible for a refund of such participant’s contributions as provided in [section 3223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3223&num=0&edition=prelim).
**(e)** A participant who has disenrolled may be permitted to reenroll in the program under such conditions as shall be prescribed jointly by the Secretary and the Secretary of Defense.
**(f)** An individual who serves in the Selected Reserve may not receive credit for such service under both the program established by this chapter and the program established by chapter 106 of title 10 but shall elect (in such form and manner as the Secretary of Veterans Affairs may prescribe) the program to which such service is to be credited.
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Federal law — U.S. Code and appendices · legal_authorities
It is the purpose of this chapter (1) to provide educational assistance to those men and women who enter the Armed Forces after December 31, 1976, and before July 1, 1985, (2) to assist young men and women in obtaining an education they might not otherwise be able to afford, and (3) to promote and assist the all volunteer military program of the United States by attracting qualified men and women to serve in the Armed Forces.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3201
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Contributions made to the program by a participant may be refunded only after the participant has disenrolled from the program or as provided in [section 3224 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3224&num=0&edition=prelim).
**(b)** If a participant disenrolls from the program prior to discharge or release from active duty, such participant’s contributions will be refunded on the date of the participant’s discharge or release from active duty or within 60 days of receipt of notice by the Secretary of the participant’s discharge or disenrollment, except that refunds may be made earlier in instances of hardship or other good reason as prescribed in regulations issued jointly by the Secretary and the Secretary of Defense.
**(c)** If a participant disenrolls from the program after discharge or release from active duty, the participant’s contributions shall be refunded within 60 days of receipt of an application for a refund from the participant.
**(d)** In the event the participant (1) dies while on active duty, (2) dies after discharge or release from active duty, or (3) disenrolls or is disenrolled from the program without having utilized any entitlement, the participant may have accrued under the program, or, in the event the participant utilizes part of such participant’s entitlement and disenrolls or is disenrolled from the program, the amount contributed by the Secretary of Defense under the authority of [section 3222(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3222/c&num=0&edition=prelim) remaining in the fund shall be refunded to such Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3223
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsections (c) and (d) of this section, each person electing to participate in the program shall agree to have a monthly deduction made from such person’s military pay. Such monthly deduction shall be in any amount not less than $25 nor more than $100 except that the amount must be divisible by 5. Any such amount contributed by the participant or contributed by the Secretary of Defense pursuant to subsection (c) of this section shall be deposited in a deposit fund account entitled the “Post-Vietnam Era Veterans Education Account” (hereinafter in this chapter referred to as the “fund”) to be established in the Treasury of the United States. Contributions made by the participant shall be limited to a maximum of $2,700.
**(b)** Except as otherwise provided in this chapter, each monthly contribution made by a participant under subsection (a) shall entitle the participant to matching funds from the Department of Defense at the rate of $2 for each $1 contributed by the participant.
**(c)** The Secretary of Defense is authorized to contribute to the fund of any participant such contributions as the Secretary of Defense deems necessary or appropriate to encourage persons to enter or remain in the Armed Forces, including contributions in lieu of, or to reduce the amount of, monthly deductions under subsection (a) of this section. The Secretary of Defense is authorized to issue such rules and regulations as the Secretary of Defense deems necessary or appropriate to implement the provisions of this subsection.
**(d)** Subject to the maximum contribution prescribed by subsection (a) of this section, a participant shall be permitted, while serving on active duty, to make a lump-sum contribution to the fund. A lump-sum contribution to the fund by a p
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3222
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Federal law — U.S. Code and appendices · legal_authorities
Page 709
TITLE 38—VETERANS’ BENEFITS
§ 3221
title, prescribed in subparagraph (A), shall be
waived in the case of a veteran described in divi-
sion (ii) of this subparagraph who elects to re-
ceive benefits under this chapter instead of as-
sistance under such chapter 34. A veteran who
makes such an election shall be ineligible for as-
sistance under such chapter. Such an election is
irrevocable.
(ii) A veteran referred to in division (i) of this
subparagraph is a veteran who before January 1,
1977, performed military service described in
subparagraph (C)(iii), is entitled under section
3452(a)(3)(C) of this title to have such service
considered to be ‘‘active duty’’ for the purposes
of chapter 34 of this title, and is eligible for as-
sistance under such chapter only by reason of
having such service considered to be active
duty.
(2) The term ‘‘program of education’’—
(A) has the meaning given such term in sec-
tion 3452(b) of this title, and
(B) includes (i) a full-time program of ap-
prenticeship or other on-job training approved
as provided in clause (1) or (2), as appropriate,
of section 3687(a) of this title, and (ii) in the
case of an individual who is not serving on ac-
tive duty, a cooperative program (as defined in
section 3482(a)(2) of this title).
(3) The term ‘‘participant’’ is a person who is
participating in the educational benefits pro-
gram established under this chapter.
(4) The term ‘‘educational institution’’ has the
meaning given such term in section 3452(c) of
this title.
(5) The term ‘‘training establishment’’ has the
meaning given such term in section 3452(e) of
this title.
(Added Pub. L. 94–502, title IV, § 404, Oct. 15, 1976,
90 Stat. 2394, § 1602; amended Pub. L. 96–466, title
IV, § 401, Oct. 17, 1980, 94 Stat. 2201;
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3221
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