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38 U.S.C. § 3322 — Bar to duplication of educational assistance benefits

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3322 — Bar to duplication of educational assistance benefits

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Source location: Title 38, Chapter 33, § 3322; chapter-033-post-9-11-educational-assistance.md

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**(a) In General.—** An individual entitled to educational assistance under this chapter who is also eligible for educational assistance under chapter 30, 31, 32, or 35 of this title, chapter 107, 1606, or 1607 or [section 510 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section510&num=0&edition=prelim), or the provisions of the Hostage Relief Act of 1980 (Public Law 96–449; [5 U.S.C. 5561](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561&num=0&edition=prelim) note) may not receive assistance under two or more such programs concurrently, but shall elect (in such form and manner as the Secretary may prescribe) under which chapter or provisions to receive educational assistance. **(b) Inapplicability of Service Treated Under Educational Loan Repayment Programs.—** A period of service counted for purposes of repayment of an education loan under chapter 109 of title 10 may not be counted as a period of service for entitlement to educational assistance under this chapter. **(c) Service in Selected Reserve.—** An individual who serves in the Selected Reserve may receive credit for such service under only one of this chapter, chapter 30 of this title, and chapters 1606 and 1607 of title 10, and shall elect (in such form and manner as the Secretary may prescribe) under which chapter such service is to be credited. **(d) Additional Coordination Matters.—** In the case of an individual entitled to educational assistance under chapter 30, 31, 32, or 35 of this title, chapter 107, 1606, or 1607 of title 10, or the provisions of the Hostage Relief Act of 1980, or making contributions toward entitlement to educational assistance under chapter 30 of this title, as of August 1, 2009, coordination of entitlement to educational assistance under this chapter, on the one hand, and such chapters or provisions, on the other, shall be governed by the provisions of section 5003(c) of the Post-9/11 Veterans Educational Assistance Act of 2008. **(e) Bar To Concurrent Receipt of Transferred Education Benefits and Marine Gunnery Sergeant John David Fry Scholarship Assistance.—** An individual entitled to educational assistance under both section 3319 and paragraph (8), (9), or (10) of [section 3311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3311&num=0&edition=prelim) may not receive assistance under both provisions concurrently, but shall elect (in such form and manner as the Secretary may prescribe) under which provision to receive educational assistance. **(f) Bar To Receipt of Compensation and Pension and Marine Gunnery Sergeant John David Fry Scholarship Assistance.—** The commencement of a program of education under paragraph (8), (9), or (10) of [section 3311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3311&num=0&edition=prelim) shall be a bar to the following: (1) Subsequent payments of dependency and indemnity compensation or pension based on the death of a parent to an eligible person over the age of 18 years by reason of pursuing a course in an educational institution. (2) Increased rates, or additional amounts, of compensation, dependency and indemnity compensation, or pension because of such a person, whether eligibility is based upon the death of the parent. **(g) Bar To Concurrent Receipt of Transferred Education Benefits.—** A spouse or child who is entitled to educational assistance under this chapter based on a transfer of entitlement from more than one individual under section 3319 may not receive assistance based on transfers from more than one such individual concurrently, but shall elect (in such form and manner as the Secretary may prescribe) under which source to utilize such assistance at any one time. **(h) Bar To Duplication of Eligibility Based on a Single Event or Period of Service.—** (1) **Active-duty service.—** — An individual with qualifying service in the Armed Forces that establishes eligibility on the part of such individual for educational assistance under this chapter, chapter 30 or 32 of this title, and chapter 1606 or 1607 of title 10, shall elect (in such form and manner as the Secretary may prescribe) under which authority such service is to be credited. (2) **Eligibility for educational assistance based on parent’s service.—** — A child of a member of the Armed Forces who, on or after September 11, 2001, dies in the line of duty while serving on active duty, who is eligible for educational assistance under either chapter 35 or paragraph (8), (9), or (10) of [section 3311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3311&num=0&edition=prelim) based on the parent’s death may not receive such assistance under both this chapter and chapter 35 of this title, but shall elect (in such form and manner as the Secretary may prescribe) under which chapter to receive such assistance.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 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 11 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3601&num=0&edition=prelim). (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 th

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3301

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 16163 — Eligibility for educational assistance

**(a) Eligibility.—** On or after September 11, 2001, a member of a reserve component is entitled to educational assistance under this chapter if the member— (1) served on active duty in support of a contingency operation for 90 consecutive days or more; or (2) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, performed full time National Guard duty under [section 502(f) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim) for 90 consecutive days or more when authorized by the President or Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds. **(b) Disabled Members.—** Notwithstanding the eligibility requirements in subsection (a), a member who was ordered to active service as prescribed under subsection (a)(1) or (a)(2) but is released from duty before completing 90 consecutive days because of an injury, illness or disease incurred or aggravated in the line of duty shall be entitled to educational assistance under this chapter at the rate prescribed in [section 16162(c)(4)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16162/c/4/A&num=0&edition=prelim). **(c) Written Notification.—** (1) Each member who becomes entitled to educational assistance under subsection (a) shall be given a statement in writing prior to release from active service that summarizes the provisions of this chapter and stating clearly and prominently the substance of [section 16165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16165&num=0&edition=prelim) as such section may apply to the member. (2

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3311 — Educational assistance for service in the Armed Forces commencing on or after September 11, 2001: entitlement

**(a) Entitlement.—** Subject to subsections (d) and (e), each individual described in subsection (b) is entitled to educational assistance under this chapter. **(b) Covered Individuals.—** An individual described in this subsection is any individual as follows: (1) An individual who— (A) commencing on or after September 11, 2001, serves an aggregate of at least 36 months on active duty in the Armed Forces (including service on active duty in entry level and skill training); and (B) after completion of service described in subparagraph (A)— (i) continues on active duty; or (ii) is discharged or released from active duty as described in subsection (c). (2) An individual— (A) who— (i) commencing on or after September 11, 2001, serves at least 30 continuous days on active duty in the Armed Forces; and (ii) after completion of service described in clause (i), is discharged or released from active duty in the Armed Forces for a service-connected disability or by reason of a sole survivorship discharge (as that term is defined in [section 1174(i) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174/i&num=0&edition=prelim)); or (B) who— (i) commencing on or after September 11, 2001, completes at least 30 continuous days of service described in subsection (d)(1) or (2); and (ii) after completion of service described in clause (i), is discharged or released by reason of a sole survivorship discharge (as that term is defined in [section 1174(i) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174/i&num=0&edition=prelim)). (3) An individual who— (A) commencing on or after September 11, 2001, serves an aggregate of at least 30 months, but less than 36 m

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 510 — Enlistment incentives for pursuit of skills to facilitate national service

**(a) Enlistment Incentive Program.—** The Secretary of Defense shall carry out an enlistment incentive program in accordance with this section under which a person who is a National Call to Service participant shall be entitled to one of the incentives specified in subsection (e). The program shall be carried out during the period ending on December 31, 2007, and may be carried out after that date. **(b) National Call to Service Participant.—** In this section, the term “National Call to Service participant” means a person who has not previously served in the armed forces who enters into an original enlistment pursuant to a written agreement with the Secretary of a military department (in such form and manner as may be prescribed by that Secretary) under which the person agrees to perform a period of national service as specified in subsection (c). **(c) National Service.—** The total period of national service to which a National Call to Service participant is obligated under the agreement under this section shall be specified in the agreement. Under the agreement, the participant shall— (1) upon completion of initial entry training (as prescribed by the Secretary of Defense), serve on active duty in a military occupational specialty designated by the Secretary of Defense under subsection (d) for a period of 15 months; (2) upon completion of the period of active duty specified in paragraph (1) and without a break in service, serve either (A) an additional period of active duty as determined by the Secretary of Defense, or (B) a period of 24 months in an active status in the Selected Reserve or the Space Force; and (3) upon completion of the period of service specified in paragraph (2), and without a break in service, serve the remaining period of obligated servic

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3681 — Limitations on educational assistance

**(a)** No educational assistance allowance granted under chapter 30, 34, 35, or 36 of this title or 106 or 107 of title 10, or subsistence allowance granted under chapter 31 of this title shall be paid to any eligible person (1) who is on active duty and is pursuing a course of education which is being paid for by the Armed Forces (or by the Department of Health and Human Services in the case of the Public Health Service; or (2) who is attending a course of education or training paid for under chapter 41 of title 5. **(b)** No person may receive benefits concurrently under two or more of the provisions of law listed below: (1) Chapters 30, 31, 32, 34, 35, and 36 of this title. (2) Chapters 106 and 107 and [section 510 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section510&num=0&edition=prelim). (3) Section 903 of the Department of Defense Authorization Act, 1981 (Public Law 96–342, [10 U.S.C. 2141](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2141&num=0&edition=prelim) note). (4) The Hostage Relief Act of 1980 (Public Law 96–449, [5 U.S.C. 5561](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561&num=0&edition=prelim) note). (5) The Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99–399).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5561 — Definitions

For the purpose of this subchapter— (1) “agency” means an Executive agency and a military department; (2) “employee” means an employee in or under an agency who is a citizen or national of the United States or an alien admitted to the United States for permanent residence, but does not include a part-time or intermittent employee or native labor casually hired on an hourly or daily basis. However, such an employee who enters a status listed in paragraph (5)(A)–(E) of this section— (A) inside the continental United States; or (B) who is a resident at or in the vicinity of his place of employment in a territory or possession of the United States or in a foreign country and who was not living there solely as a result of his employment; is an employee for the purpose of this subchapter only on a determination by the head of the agency concerned that this status is the proximate result of employment by the agency; (3) “dependent” means— (A) a wife; (B) an unmarried child (including an unmarried dependent stepchild or adopted child) under 21 years of age; (C) a dependent mother or father; (D) a dependent designated in official records; and (E) an individual determined to be dependent by the head of the agency concerned or his designee; (4) “active service” means active Federal service by an employee; (5) “missing status” means the status of an employee who is in active service and is officially carried or determined to be absent in a status of— (A) missing; (B) missing in action; (C) interned in a foreign country; (D) captured, beleaguered, or besieged by a hostile force; or (E) detained in a foreign country against his will; but does not include the status of an employee for a period during which he is officially determined to be

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3322 — Bar to duplication of educational assist-

Page 745 TITLE 38—VETERANS’ BENEFITS § 3322 1 See References in Text note below. subsection applies under section 3031 of this title with respect to the running of the 10-year period described in section 3031(a) of this title. (2) APPLICABILITY OF SECTION 3031 TO TERMI- NATION.—Section 3031(f) shall apply with re- spect to the termination of an individual’s en- titlement to educational assistance under this chapter in the same manner as such section applies to the termination of an individual’s entitlement to educational assistance under chapter 30, except that, in the administration of such section for purposes of this chapter, the reference to section 3013 shall be deemed to be a reference to section 3312 of this title. (3) DETERMINATION OF LAST DISCHARGE OR RE- LEASE.—For purposes of subsection (a), an in- dividual’s last discharge or release from active duty shall not include any discharge or release from a period of active duty of less than 90 days of continuous service, unless the indi- vidual is discharged or released as described in section 3311(b)(2). (4) APPLICABILITY TO CHILDREN OF DECEASED MEMBERS.—The period during which a child en- titled to educational assistance by reason of section 3311(b)(8) of this title may use such child’s entitlement— (A) in the case of a child who first becomes entitled to such entitlement before January 1, 2013, expires at the end of the 15-year pe- riod beginning on the date of such child’s eighteenth birthday; or (B) in the case of a child who first becomes entitled to such entitlement on or after Jan- uary 1, 2013, shall not expire. (5) APPLICABILITY TO SPOUSES OF DECEASED MEMBERS.—The period during which a spouse entitled to educational assistance by reason of section 3311(b)(9) 1 may use such spou

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3322

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5561 — Definitions

Page 692 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5553 The words ‘‘An employee as defined by section 2105 of this title’’ are coextensive with and substituted for ‘‘Employees of the United States Government, . . . (in- cluding employees of any corporation created under au- thority of an Act of Congress which is either wholly controlled or wholly owned by the United States Gov- ernment, or any corporation, all the stock of which is owned or controlled by the United States Government, or any department, agency, or establishment thereof, whether or not the employees thereof are paid from funds appropriated by Congress)’’. The words ‘‘subsequent to May 1, 1940’’ are omitted as obsolete. The words ‘‘active duty in the armed forces’’ and ‘‘active duty’’ are substituted for ‘‘active military or naval service in the land or naval forces of the United States’’ and ‘‘active military or naval service’’, respectively, on authority of the National Security Act of 1947, 61 Stat. 495, as amended. The words ‘‘by vol- untary enlistment or otherwise’’ are omitted as unnec- essary. In paragraph (1), the words ‘‘in accordance with sec- tion 5551 of this title’’ are added on authority of former section 61b, which is carried into section 5551. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 5553. Regulations The Office of Personnel Management may pre- scribe regulations necessary for the administra- tion of this subchapter. (Added Pub. L. 102–378, § 2(45)(A), Oct. 2, 1992, 106 Stat. 1353.) SUBCHAPTER VII—PAYMENTS TO MISSING EMPLOYEES § 5561. Definitions For the purpose of this subchapter— (1) ‘‘agency’’ means an Executive agency and a military department; (2) ‘‘emp

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5561

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