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38 U.S.C. § 3013 — Duration of basic educational assistance
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Subject to [section 3695 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim) and except as provided in paragraph (2) of this subsection, each individual entitled to basic educational assistance under [section 3011 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3011&num=0&edition=prelim) is entitled to 36 months of educational assistance benefits under this chapter (or the equivalent thereof in part-time educational assistance).
(2) Subject to [section 3695 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim) and subsection (d) of this section, in the case of an individual described in section 3011(a)(1)(A)(ii)(I) or (III) of this title who is not also described in [section 3011(a)(1)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3011/a/1/A/i&num=0&edition=prelim) or an individual described in section 3011(a)(1)(B)(ii)(I) or (III) of this title who is not also described in [section 3011(a)(1)(B)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3011/a/1/B/i&num=0&edition=prelim), the individual is entitled to one month of educational assistance benefits under this chapter for each month of continuous active duty served by such individual after June 30, 1985, as part of the obligated period of active duty on which such entitlement is based in the case of an individual described in section 3011(a)(1)(A)(ii)(I) or (III) of this title, or in the case of an individual described in section 3011(a)(1)(B)(ii)(I) or (III) of this title, after June 30, 1985.
**(b)** Subject to [section 3695 of this ti
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Source file: Laws/federal/codes/united-states-code/title-38/section-3013-duration-of-basic-educational-assistance--5fb08a3451.md
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Source location: Title 38, Chapter 30, § 3013; chapter-030-all-volunteer-force-educational-assistance-program.md
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**(a)**
(1) Subject to [section 3695 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim) and except as provided in paragraph (2) of this subsection, each individual entitled to basic educational assistance under [section 3011 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3011&num=0&edition=prelim) is entitled to 36 months of educational assistance benefits under this chapter (or the equivalent thereof in part-time educational assistance).
(2) Subject to [section 3695 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim) and subsection (d) of this section, in the case of an individual described in section 3011(a)(1)(A)(ii)(I) or (III) of this title who is not also described in [section 3011(a)(1)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3011/a/1/A/i&num=0&edition=prelim) or an individual described in section 3011(a)(1)(B)(ii)(I) or (III) of this title who is not also described in [section 3011(a)(1)(B)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3011/a/1/B/i&num=0&edition=prelim), the individual is entitled to one month of educational assistance benefits under this chapter for each month of continuous active duty served by such individual after June 30, 1985, as part of the obligated period of active duty on which such entitlement is based in the case of an individual described in section 3011(a)(1)(A)(ii)(I) or (III) of this title, or in the case of an individual described in section 3011(a)(1)(B)(ii)(I) or (III) of this title, after June 30, 1985.
**(b)** Subject to [section 3695 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim) and subsection (d) of this section, each individual entitled to basic educational assistance under [section 3012 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3012&num=0&edition=prelim) is entitled to (1) one month of educational assistance benefits under this chapter for each month of continuous active duty served by such individual after June 30, 1985, as part of the obligated period of active duty on which such entitlement is based in the case of an individual described in [section 3012(a)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3012/a/1/A&num=0&edition=prelim), or in the case of an individual described in [section 3012(a)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3012/a/1/B&num=0&edition=prelim), after June 30, 1985, and (2) one month of educational assistance benefits under this chapter for each four months served by such individual in the Selected Reserve after the applicable date specified in clause (1) of this subsection (other than any month in which the individual served on active duty).
**(c)**
(1) Subject to [section 3695 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim) and except as provided in paragraphs (2) and (3) of this subsection, each individual entitled to basic educational assistance under [section 3018 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3018&num=0&edition=prelim) is entitled to 36 months of educational assistance under this chapter (or the equivalent thereof in part-time educational assistance).
(2) Subject to [section 3695 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim), an individual described in clause (B) or (C) of [section 3018(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3018/b/3&num=0&edition=prelim) whose discharge or release from active duty prevents the reduction of the basic pay of such individual by $1,200 is entitled to the number of months of assistance under this chapter that is equal to the lesser of—
(A) 36 multiplied by a fraction the numerator of which is the amount by which the basic pay of the individual has been reduced under section 3018(c) and the denominator of which is $1,200; or
(B) the number of months the individual has served on continuous active duty after June 30, 1985.
(3) Subject to [section 3695 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim) and subsection (d) of this section, an individual described in clause (B) or (C)(ii) of [section 3018(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3018/b/3&num=0&edition=prelim) (other than an individual described in paragraph (2) of this subsection) is entitled to the number of months of educational assistance under this chapter that is equal to the number of months the individual has served on continuous active duty after June 30, 1985.
**(d)** Subject to [section 3695 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim), each individual entitled to educational benefits under section 3018A, 3018B, or 3018C of this title is entitled to the lesser of—
(1) 36 months of educational assistance under this chapter (or the equivalent thereof in part-time educational assistance); or
(2) the number of months of such educational assistance (or such equivalent thereof) that is equal to the number of months served by such individual on active duty.
**(e)** No individual may receive basic educational assistance benefits under this chapter for a period in excess of 36 months (or the equivalent thereof in part-time educational assistance).
**(f)**
(1) Notwithstanding any other provision of this chapter or chapter 36 of this title, any payment of an educational assistance allowance described in paragraph (2) shall not—
(A) be charged against any entitlement of any individual under this chapter; or
(B) be counted toward the aggregate period for which [section 3695 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim) limits an individual’s receipt of assistance.
(2) Subject to paragraph (3), the payment of the educational assistance allowance referred to in paragraph (1) is the payment of such an allowance to an individual for pursuit of a course or courses under this chapter if the Secretary finds that the individual—
(A) in the case of a person not serving on active duty, had to discontinue such course pursuit as a result of being ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10; or
(B) in the case of a person serving on active duty, had to discontinue such course pursuit as a result of being ordered to a new duty location or assignment or to perform an increased amount of work; and
(C) failed to receive credit or lost training time toward completion of the individual’s approved education, professional, or vocational objective as a result of having to discontinue, as described in subparagraph (A) or (B), his or her course pursuit.
(3) The period for which, by reason of this subsection, an educational assistance allowance is not charged against entitlement or counted toward the applicable aggregate period under [section 3695 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim) shall not exceed the portion of the period of enrollment in the course or courses for which the individual failed to receive credit or with respect to which the individual lost training time, as determined under paragraph (2)(C) of this subsection.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding any other provision of this chapter, during the period beginning December 1, 1988, and ending June 30, 1989 (hereinafter in this section referred to as the “open period”), an individual who—
(1) first became a member of the Armed Forces or first entered on active duty as a member of the Armed Forces during the period beginning July 1, 1985, and ending June 30, 1988;
(2) has continuously served on active duty without a break in service since the date the individual first became such a member or first entered on active duty as such a member; and
(3) is serving on active duty during the open period,
shall have the opportunity, in accordance with this section and on such form as the Secretary of Defense shall prescribe, to withdraw an election made under section 3011(c)(1) or 3012(d)(1) of this title not to receive educational assistance under this chapter.
**(b)** An individual described in clauses (1) through (3) of subsection (a) of this section who made an election under section 3011(c)(1) or 3012(d)(1) of this title and who—
(1) while serving on active duty during the open period, makes a withdrawal of such an election;
(2) continues to serve the period of service which, at the beginning of the open period, such individual was obligated to serve;
(3)
(A) serves the obligated period of service described in clause (2) of this subsection;
(B) before completing such obligated period of service, is discharged or released from active duty for (i) a service-connected disability, (ii) a medical condition which preexisted such service and which the Secretary determines is not service connected, (iii) hardship, or (iv) a physical or mental condition that was not characterized as a disability and did not result from the individual’s own willfu
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3018
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (c) of this section, each individual—
(1) who—
(A) during the period beginning July 1, 1985, and ending September 30, 2030, first becomes a member of the Armed Forces or first enters on active duty as a member of the Armed Forces and—
(i) who (I) in the case of an individual whose obligated period of active duty is three years or more, serves at least three years of continuous active duty in the Armed Forces, or (II) in the case of an individual whose obligated period of active duty is less than three years, serves at least two years of continuous active duty in the Armed Forces; or
(ii) who serves in the Armed Forces and is discharged or released from active duty (I) for a service-connected disability, 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)), for a medical condition which preexisted such service on active duty and which the Secretary determines is not service connected, for hardship, or for a physical or mental condition that was not characterized as a disability and did not result from the individual’s own willful misconduct but did interfere with the individual’s performance of duty, as determined by the Secretary of each military department in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy; (II) for the convenience of the Government, if, in the case of an individual with an obligated period of service of two years, the individual completes not less than 20 months of continuous active duty under that period o
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3011
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The aggregate period for which any person may receive assistance under two or more of the provisions of law listed below may not exceed 48 months (or the part-time equivalent thereof):
(1) Parts VII or VIII, Veterans Regulation numbered 1(a), as amended.
(2) Title II of the Veterans’ Readjustment Assistance Act of 1952.
(3) The War Orphans’ Educational Assistance Act of 1956.
(4) Chapters 30, 32, 33, 34, and 36.
(5) Chapters 107, 1606, 1607, and 1611 of title 10.
(6) 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).
(7) 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).
(8) The Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99–399).
**(b)** No person may receive assistance under chapter 31 of this title in combination with assistance under any of the provisions of law cited in subsection (a) of this section in excess of 48 months (or the part-time equivalent thereof) unless the Secretary determines that additional months of benefits under chapter 31 of this title are necessary to accomplish the purposes of a rehabilitation program (as defined in [section 3101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3101&num=0&edition=prelim)) in the individual case.
**(c)** The aggregate period for which any person may receive assistance under chapter 35 of this title, on the one hand, and any of the provisions of law referred to in subsection (a), on the other hand, may not exceed 81 months (or the part-time equiv
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3695
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsections (b) and (c), effective dates relating to awards under chapters 30, 31, 32, 34, and 35 of this title or chapter 106 of title 10 shall, to the extent feasible, correspond to effective dates relating to awards of disability compensation.
**(b)**
(1) When determining the effective date of an award under chapter 35 of this title for an individual described in paragraph (2) based on an original claim, the Secretary may consider the individual’s application as having been filed on the eligibility date of the individual if that eligibility date is more than one year before the date of the initial rating decision.
(2) An individual referred to in paragraph (1) is an eligible person who—
(A) submits to the Secretary an original application for educational assistance under chapter 35 of this title within one year of the date that the Secretary makes the rating decision;
(B) claims such educational assistance for pursuit of an approved program of education during a period preceding the one-year period ending on the date on which the application was received by the Secretary; and
(C) would have been entitled to such educational assistance for such course pursuit if the individual had submitted such an application on the individual’s eligibility date.
(3) In this subsection:
(A) The term “eligibility date” means the date on which an individual becomes an eligible person.
(B) The term “eligible person” has the meaning given that term under subparagraphs (A), (B), (D), and (E) of [section 3501(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3501/a/1&num=0&edition=prelim).
(C) The term “initial rating decision” means with respect to an eligible person a decision made by the S
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (d) of this section, each individual—
(1) who—
(A) after June 30, 1985, first becomes a member of the Armed Forces or first enters on active duty as a member of the Armed Forces and—
(i) serves an obligated period of active duty of at least two years of continuous active duty in the Armed Forces, subject to subsection (b) of this section, characterized by the Secretary concerned as honorable service; and
(ii) subject to subsection (b) of this section and beginning within one year after completion of the service on active duty described in subclause (i) of this clause, serves at least four years of continuous duty in the Selected Reserve during which the individual participates satisfactorily in training as required by the Secretary concerned;
(B) as of December 31, 1989, is eligible for educational assistance under chapter 34 of this title and was on active duty at any time during the period beginning on October 19, 1984, and ending on July 1, 1985, continued on active duty without a break in service and—
(i) after June 30, 1985, serves at least two years of continuous active duty in the Armed Forces, subject to subsection (b) of this section, characterized by the Secretary concerned as honorable service; and
(ii) after June 30, 1985, subject to subsection (b) of this section and beginning within one year after completion of such two years of service, serves at least four continuous years in the Selected Reserve during which the individual participates satisfactorily in training as prescribed by the Secretary concerned; or
(C) as of December 31, 1989, was eligible for educational assistance under chapter 34 of this title and—
(i) was not on active duty on October 19, 1984;
(ii) reenlists or
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3012
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b), (c), (d), (e), (g), or (h) 11 See References in Text note below. of this section, a rehabilitation program may not be afforded to a veteran under this chapter after the end of the twelve-year period beginning on the date of such veteran’s discharge or release from active military, naval, air, or space service.
**(b)**
(1) In any case in which the Secretary determines that a veteran has been prevented from participating in a vocational rehabilitation program under this chapter within the period of eligibility prescribed in subsection (a) of this section because a medical condition of such veteran made it infeasible for such veteran to participate in such a program, the twelve-year period of eligibility shall not run during the period of time that such veteran was so prevented from participating in such a program, and such period of eligibility shall again begin to run on the first day following such veteran’s recovery from such condition on which it is reasonably feasible, as determined under regulations which the Secretary shall prescribe, for such veteran to participate in such a program.
(2) In any case in which the Secretary determines that a veteran has been prevented from participating in a vocational rehabilitation program under this chapter within the period of eligibility prescribed in subsection (a) of this section because—
(A) such veteran had not met the requirement of a discharge or release from active military, naval, air, or space service under conditions other than dishonorable before (i) the nature of such discharge or release was changed by appropriate authority, or (ii) the Secretary determined, under regulations prescribed by the Secretary, that such discharge or release was under conditions other th
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3103
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In any case in which the Secretary is unable to determine whether it currently is reasonably feasible for a veteran to achieve a vocational goal, the period of extended evaluation under [section 3106(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3106/c&num=0&edition=prelim) may not exceed twelve months, except that such period may be extended for additional periods of up to six months each if the Secretary determines before granting any such extension that it is reasonably likely that, during the period of any such extension, a determination can be made whether the achievement of a vocational goal is reasonably feasible in the case of such veteran.
**(b)**
(1) Except as provided in paragraphs (2) and (3) and in subsection (c), the period of a vocational rehabilitation program for a veteran under this chapter following a determination of the current reasonable feasibility of achieving a vocational goal may not exceed forty-eight months, except that the counseling and placement and postplacement services described in section 3104(a)(2) and (5) of this title may be provided for an additional period not to exceed eighteen months in any case in which the Secretary determines the provision of such counseling and services to be necessary to accomplish the purposes of a rehabilitation program in the individual case.
(2) The period of a vocational rehabilitation program pursued by a veteran under [section 3102(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3102/b&num=0&edition=prelim) following a determination of the current reasonable feasibility of achieving a vocational goal may not exceed 12 months.
(3)
(A) In any case in which the Secretary determines that a veteran
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3105
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Subject to the provisions of [section 3695 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim) limiting the aggregate period for which any person may receive assistance under two or more programs of educational or vocational assistance administered by the Department of Veterans Affairs, a participant shall be entitled to a maximum of 36 monthly benefit payments (or their equivalent in the event of part-time benefits).
(2) Except as provided in paragraph (5)(E) of this subsection and in subsection (e) of this section and [section 3233 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3233&num=0&edition=prelim) and subject to [section 3241 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3241&num=0&edition=prelim), the amount of the monthly payment to which any eligible veteran is entitled shall be ascertained by (A) adding all contributions made to the fund by the eligible veteran, (B) multiplying the sum by 3, (C) adding all contributions made to the fund for such veteran by the Secretary of Defense, and (D) dividing the sum by the lesser of 36 or the number of months in which contributions were made by such veteran.
(3) Payment of benefits under this chapter may be made only for periods of time during which an eligible veteran is actually enrolled in and pursuing an approved program of education and, except as provided in paragraph (4), only after an eligible veteran has been discharged or released from active duty.
(4) Payment of benefits under this chapter may be made after a participant has completed his or her first obligated period of active duty (which began after December 31, 1976), or 6 years of act
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3231
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Each eligible person, whether made eligible by one or more of the provisions of [section 3501(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3501/a/1&num=0&edition=prelim), shall be entitled to educational assistance under this chapter—
(A) in the case of a person who first enrolls in a program of education using such entitlement before August 1, 2018, for an aggregate period not in excess of 45 months (or to the equivalent thereof in part-time training); or
(B) in the case of a person who first enrolls in a program of education using such entitlement on or after August 1, 2018, for an aggregate period not in excess of 36 months (or to the equivalent thereof in part-time training).
(2)
(A) Notwithstanding any other provision of this chapter or chapter 36 of this title, any payment of an educational assistance allowance described in subparagraph (B) of this paragraph shall not—
(i) be charged against the entitlement of any individual under this chapter; or
(ii) be counted toward the aggregate period for which [section 3695 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim) limits an individual’s receipt of assistance.
(B) The payment of the educational assistance allowance referred to in subparagraph (A) of this paragraph is the payment of such an allowance to an individual for pursuit of a course or courses under this chapter if the Secretary finds that the individual—
(i) had to discontinue such course pursuit as a result of being ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10 or of being involuntarily ordered to full-time National Guard duty under [sec
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3511
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (g), the educational assistance to which an eligible person whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the categories referred to in [section 3501(a)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3501/a/1/C&num=0&edition=prelim) is entitled under [section 3511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3511&num=0&edition=prelim) or subchapter V of this chapter may be afforded the person during the period beginning on the person’s eighteenth birthday, or on the successful completion of the person’s secondary schooling, whichever first occurs, and ending on the person’s twenty-sixth birthday, except that—
(1) if the person is above the age of compulsory school attendance under applicable State law, and the Secretary determines that the person’s best interests will be served thereby, such period may begin before the person’s eighteenth birthday;
(2) if the person has a mental or physical handicap, and the Secretary determines that the person’s best interests will be served by pursuing a program of special restorative training or a specialized course of vocational training approved under [section 3536 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3536&num=0&edition=prelim), such period may begin before the person’s eighteenth birthday, but not before the person’s fourteenth birthday;
(3) if the Secretary first finds that the parent from whom eligibility is derived has a service-connected total disability permanent in nature, or if the death of the parent from whom eligibility is derived occurs, after the eligible person’s eightee
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3512
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