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38 U.S.C. § 3031 — Time limitation for use of eligibility and entitlement
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsections (b) through (g) and subsection (i), and subject to subsection (h), of this section, the period during which an individual entitled to educational assistance under this chapter may use such individual’s entitlement expires at the end of the 10-year period beginning on the date of such individual’s last discharge or release from active duty, except that such 10-year period shall begin—
(1) in the case of an individual who becomes entitled to such assistance under clause (A) or (B) of [section 3012(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3012/a/1&num=0&edition=prelim), on the later of the date of such individual’s last discharge or release from active duty or the date on which the four-year requirement described in clause (A)(ii) or (B)(ii), respectively, of such section 3012(a)(1) is met;
(2) in the case of an individual who becomes entitled to such assistance under section 3011(a)(1)(B), on the later of the date of such individual’s last discharge or release from active duty or January 1, 1990; and
(3) in the case of an individual who becomes entitled to such assistance under section 3011(a)(1)(C) or 3012(a)(1)(C) of this title, on December 27, 2001.
**(b)** In the case of any eligible individual who has been prevented, as determined by the Secretary, from pursuing a program of education under this chapter within the 10-year period prescribed by subsection (a) of this section because such individual had not met the nature of discharge requirement of this chapter before the nature of such individual’s discharge or release was changed by appropriate authority, such 10-year period shall not run during the period of time that such individual was so prevented from pursuing s
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Source file: Laws/federal/codes/united-states-code/title-38/section-3031-time-limitation-for-use-of-eligibility-and-entitlement--578313777d.md
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Source location: Title 38, Chapter 30, § 3031; chapter-030-all-volunteer-force-educational-assistance-program.md
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**(a)** Except as provided in subsections (b) through (g) and subsection (i), and subject to subsection (h), of this section, the period during which an individual entitled to educational assistance under this chapter may use such individual’s entitlement expires at the end of the 10-year period beginning on the date of such individual’s last discharge or release from active duty, except that such 10-year period shall begin—
(1) in the case of an individual who becomes entitled to such assistance under clause (A) or (B) of [section 3012(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3012/a/1&num=0&edition=prelim), on the later of the date of such individual’s last discharge or release from active duty or the date on which the four-year requirement described in clause (A)(ii) or (B)(ii), respectively, of such section 3012(a)(1) is met;
(2) in the case of an individual who becomes entitled to such assistance under section 3011(a)(1)(B), on the later of the date of such individual’s last discharge or release from active duty or January 1, 1990; and
(3) in the case of an individual who becomes entitled to such assistance under section 3011(a)(1)(C) or 3012(a)(1)(C) of this title, on December 27, 2001.
**(b)** In the case of any eligible individual who has been prevented, as determined by the Secretary, from pursuing a program of education under this chapter within the 10-year period prescribed by subsection (a) of this section because such individual had not met the nature of discharge requirement of this chapter before the nature of such individual’s discharge or release was changed by appropriate authority, such 10-year period shall not run during the period of time that such individual was so prevented from pursuing such program of education.
**(c)** In the case of an individual eligible for educational assistance under the provisions of this chapter who, after such individual’s last discharge or release from active duty, was detained by a foreign government or power, the 10-year period described in subsection (a) of this section shall not run (1) while such individual is so detained, or (2) during any period immediately following such individual’s release from such detention during which such individual is hospitalized at a military, civilian, or Department of Veterans Affairs medical facility.
**(d)**
(1) In the case of an individual eligible for educational assistance under this chapter who is prevented from pursuing the individual’s chosen program of education before the expiration of the 10-year period for the use of entitlement under this chapter otherwise applicable under this section because of a physical or mental disability which is not the result of the individual’s own willful misconduct, such 10-year period—
(A) shall not run during the period the individual is so prevented from pursuing such program; and
(B) shall again begin running on the first day after the individual’s recovery from such disability on which it is reasonably feasible, as determined under regulations prescribed by the Secretary, for the individual to initiate or resume pursuit of a program of education with educational assistance under this chapter.
(2)
(A) Subject to subparagraph (B), in the case of an individual eligible for educational assistance under this chapter who is prevented from pursuing the individual’s chosen program of education before the expiration of the 10-year period for the use of entitlement under this chapter otherwise applicable under this section by reason of acting as the primary provider of personal care services for a veteran or member of the Armed Forces under [section 1720G(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1720G/a&num=0&edition=prelim), such 10-year period—
(i) shall not run during the period the individual is so prevented from pursuing such program; and
(ii) shall again begin running on the first day after the date of the recovery of the veteran or member from the injury, or the date on which the individual ceases to be the primary provider of personal care services for the veteran or member, whichever is earlier, on which it is reasonably feasible, as so determined, for the individual to initiate or resume pursuit of a program of education with educational assistance under this chapter.
(B) Subparagraph (A) shall not apply with respect to the period of an individual as a primary provider of personal care services if the period concludes with the revocation of the individual’s designation as such a primary provider under [section 1720G(a)(7)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1720G/a/7/D&num=0&edition=prelim).
**(e)**
(1) Except as provided in paragraph (2) of this subsection, in the case of an individual described in section 3011(a)(1)(B), 3011(a)(1)(C), 3012(a)(1)(B), or 3012(a)(1)(C) of this title who is entitled to basic educational assistance under this chapter, the 10-year period prescribed in subsection (a) of this section shall be reduced by an amount of time equal to the amount of time that such individual was not serving on active duty during the period beginning on January 1, 1977, and ending on June 30, 1985.
(2) In the case of an individual to which paragraph (1) of this subsection is applicable and who is described in [section 3452(a)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3452/a/1/B&num=0&edition=prelim), the 10-year period prescribed in subsection (a) of this section shall not be reduced by any period in 1977 before the individual began serving on active duty.
**(f)**
(1) If an individual eligible for educational assistance under this chapter is enrolled under this chapter in an educational institution regularly operated on the quarter or semester system and the period of such individual’s entitlement under this chapter would, under section 3013, expire during a quarter or semester, such period shall be extended to the end of such quarter or semester.
(2) If an individual eligible for educational assistance under this chapter is enrolled under this chapter in an educational institution not regularly operated on the quarter or semester system and the period of such individual’s entitlement under this chapter would, under section 3013, expire after a major portion of the course is completed, such period shall be extended to the end of the course or for 12 weeks, whichever is the lesser period of extension.
**(g)** In the case of an individual described in [section 3011(f)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3011/f/3&num=0&edition=prelim), the period during which that individual may use the individual’s entitlement to educational assistance allowance expires on the last day of the 10-year period beginning on the date of the enactment of the Veterans Millennium Health Care and Benefits Act if that date is later than the date that would otherwise be applicable to that individual under this section.
**(h)** For purposes of subsection (a) of this section, an individual’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 individual involved is discharged or released for a service-connected disability, for a medical condition which preexisted such service and which the Secretary determines is not service connected, for hardship, or as a result of a reduction in force as described in [section 3011(a)(1)(A)(ii)(III) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3011/a/1/A/ii/III&num=0&edition=prelim).
**(i)**
(1) 11 So in original. Two subsecs. (i) have been enacted. In the case of an individual eligible for educational assistance under this chapter who is prevented from pursuing the individual’s chosen program of education before the expiration of the 10-year period for the use of entitlement under this chapter otherwise applicable under this section because of a covered reason, as determined by the Secretary, such 10-year period—
(A) shall not run during the period the individual is so prevented from pursuing such program; and
(B) shall again begin running on a date determined by the Secretary that is—
(i) not earlier than the first day after the individual is able to resume pursuit of a program of education with educational assistance under this chapter; and
(ii) not later than 90 days after that day.
(2) In this subsection, a covered reason is—
(A) the temporary or permanent closure of an educational institution by reason of an emergency situation; or
(B) another reason that prevents the individual from pursuing the individual’s chosen program of education, as determined by the Secretary.
**(i)** 1 In the case of an individual eligible for educational assistance under this chapter who is prevented from pursuing the individual’s chosen program of education before the expiration of the 10-year period for the use of entitlement under this chapter otherwise applicable under this section because the educational institution or training establishment closed (temporarily or permanently) under an established policy based on an Executive order of the President or due to an emergency situation, such 10-year period—
(1) shall not run during the period the individual is so prevented from pursuing such program; and
(2) shall again begin running on the first day after the individual is able to resume pursuit of a program of education with educational assistance under this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A person who—
(1) after June 30, 1985—
(A) enlists, reenlists, or extends an enlistment as a Reserve for service in the Selected Reserve for a period of not less than six years; or
(B) is appointed as, or is serving as, a reserve officer and agrees to serve in the Selected Reserve for a period of not less than six years in addition to any other period of obligated service in the Selected Reserve to which the person may be subject; and
(2) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or an equivalency certificate);
is entitled to educational assistance under [section 16131 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16131&num=0&edition=prelim).
**(b)** Educational assistance may not be provided to a member under this chapter until the member has completed the initial period of active duty for training required of the member.
**(c)** Each person who becomes entitled to educational assistance under subsection (a) shall at the time the person becomes so entitled be given a statement in writing summarizing the provisions of this chapter and stating clearly and prominently the substance of sections 16134 and 16135 of this title as such sections may apply to the person. At the request of the Secretary of Veterans Affairs, the Secretary of Defense shall transmit a notice of entitlement for each such person to that Secretary.
**(d)** A person who serves in the Selected Reserve may not receive credit for such service under both the program established by chapter 30 of title 38 and the program established by this chapter but shall elect (in such form and manner as the Secretary of Veterans Affairs may prescribe) the program to which such service is to
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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) Duration of Entitlement.—** Except as provided in subsection (b), a member remains entitled to educational assistance under this chapter—
(1) while the member is serving—
(A) in the Selected Reserve of the Ready Reserve, in the case of a member called or ordered to active service while serving in the Selected Reserve; or
(B) in the Ready Reserve, in the case of a member ordered to active duty while serving in the Ready Reserve (other than the Selected Reserve); and
(2) in the case of a person who separates from the Selected Reserve of the Ready Reserve after completion of a period of active service described in [section 16163 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16163&num=0&edition=prelim) and completion of a service contract under honorable conditions, during the 10-year period beginning on the date on which the person separates from the Selected Reserve.
**(b) Duration of Entitlement for Disabled Members.—**
(1) In the case of a person who is separated from the Ready Reserve because of a disability which was not the result of the individual’s own willful misconduct incurred on or after the date on which such person became entitled to educational assistance under this chapter, such person’s entitlement to educational assistance expires at the end of the 10-year period beginning on the date on which such person became entitled to such assistance.
(2) The provisions of subsections (d) and (f) of [section 3031 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3031&num=0&edition=prelim) shall apply to the period of entitlement prescribed by paragraph (1).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 16164
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding any other provision of law, an individual who—
(1) is a participant on October 9, 1996, in the educational benefits program provided by chapter 32 of this title;
(2) is serving on active duty (excluding the periods referred to in [section 3202(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3202/1/C&num=0&edition=prelim)) on such date;
(3) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree;
(4) if discharged or released from active duty after the date on which the individual makes the election described in paragraph (5), is discharged or released therefrom with an honorable discharge; and
(5) during the one-year period beginning on October 9, 1996, makes an irrevocable election to receive benefits under this section in lieu of benefits under chapter 32 of this title, pursuant to procedures which the Secretary of each military department shall provide in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Homeland Security shall provide for such purpose with respect to the Coast Guard when it is not operating as a service in the Navy;
may elect to become entitled to basic educational assistance under this chapter.
**(b)** With respect to an individual who makes an election under subsection (a) to become entitled to basic education assistance under this chapter—
(1) the basic pay of the individual shall be reduced (in a manner determined by the Secretar
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3018C
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Subject to the provisions of this section, the Secretary of Defense may authorize the Secretary concerned, to promote recruitment and retention of members of the Armed Forces, to permit an individual described in subsection (b) who is entitled to basic educational assistance under this subchapter to elect to transfer to one or more of the dependents specified in subsection (c) the unused portion of entitlement to such assistance, subject to the limitation under subsection (d).
**(b) Eligible Individuals.—** An individual referred to in subsection (a) is any member of the Armed Forces—
(1) who, while serving on active duty or as a member of the Selected Reserve at the time of the approval by the Secretary concerned of the member’s request to transfer entitlement to basic educational assistance under this section, has completed six years of service in the Armed Forces and enters into an agreement to serve at least four more years as a member of the Armed Forces; or
(2) as determined in regulations pursuant to subsection (k).
**(c) Eligible Dependents.—** An individual approved to transfer an entitlement to basic educational assistance under this section may transfer the individual’s entitlement as follows:
(1) To the individual’s spouse.
(2) To one or more of the individual’s children.
(3) To a combination of the individuals referred to in paragraphs (1) and (2).
**(d) Limitation on Months of Transfer.—**
(1) An individual approved to transfer an entitlement to basic educational assistance under this section may transfer any unused entitlement to one or more of the dependents specified in subsection (c).
(2) The total number of months of entitlement transferred by an individual under this section may not exceed 36 months. The Secretary of De
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3020
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) Subject to the provisions of this section, the Secretary concerned may permit an individual described in subsection (b) who is entitled to educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such individual’s entitlement to such assistance, subject to the limitation under subsection (d).
(2) The purpose of the authority in paragraph (1) is to promote recruitment and retention in the uniformed services. The Secretary concerned may exercise the authority for that purpose when authorized by the Secretary of Defense in the national security interests of the United States.
**(b) Eligible Individuals.—** An individual referred to in subsection (a) is any member of the uniformed services who, at the time of the approval of the individual’s request to transfer entitlement to educational assistance under this section, has completed at least—
(1) six years of service in the Armed Forces and enters into an agreement to serve at least four more years as a member of the uniformed services; or
(2) the years of service as determined in regulations pursuant to subsection (j).
**(c) Eligible Dependents.—**
(1) **Transfer.—** — An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual’s entitlement to an eligible dependent or a combination of eligible dependents.
(2) **Definition of eligible dependent.—** — For purposes of this subsection, the term “eligible dependent” has the meaning given the term “dependent” under subparagraphs (A), (I), and (D) of [section 1072(2) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1072/2&num=0&edition=prelim).
**(d) Limitation on Mo
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3319
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in this section, the period during which an individual entitled to educational assistance under this chapter may use such individual’s entitlement—
(1) in the case of an individual whose last discharge or release from active duty is before January 1, 2013, expires at the end of the 15-year period beginning on the date of such discharge or release; or
(2) in the case of an individual whose last discharge or release from active duty is on or after January 1, 2013, shall not expire.
**(b) Exceptions.—**
(1) **Applicability of section 3031 to running of period.—**
(A) Subsections (b), (c), (d), and (i) of section 3031 shall apply with respect to the running of the 15-year period described in subsection (a) of this section in the same manner as such subsections apply under section 3031 with respect to the running of the 10-year period described in section 3031(a).
(B) Subsection (i) of section 3031 shall apply with respect to the running of the 15-year period described in paragraphs (4)(A) and (5)(A) of this subsection in the same manner as such subsection applies under [section 3031 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3031&num=0&edition=prelim) with respect to the running of the 10-year period described in [section 3031(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3031/a&num=0&edition=prelim).
(2) **Applicability of section 3031 to termination.—** — Section 3031(f) shall apply with respect to the termination of an individual’s entitlement 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, exce
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3321
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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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Federal law — U.S. Code and appendices · legal_authorities
Page 676
TITLE 38—VETERANS’ BENEFITS
§ 3023
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective July 1, 1986, see section 702(b) of
Pub. L. 98–525, set out as a note under section 3021 of
this title.
§ 3023. Payment of supplemental educational as-
sistance under this subchapter
The Secretary shall increase the monthly
basic educational assistance allowance paid to
an individual who is entitled to supplemental
educational assistance under this subchapter by
the monthly amount of the supplemental edu-
cational assistance to which the individual is
entitled.
(Added Pub. L. 98–525, title VII, § 702(a)(1), Oct.
19, 1984, 98 Stat. 2560, § 1423; amended Pub. L.
101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103
Stat. 2092; renumbered § 3023, Pub. L. 102–83,
§ 5(a), Aug. 6, 1991, 105 Stat. 406.)
Editorial Notes
PRIOR PROVISIONS
Prior section 3023 was renumbered section 5123 of this
title.
AMENDMENTS
1991—Pub. L. 102–83 renumbered section 1423 of this
title as this section.
1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad-
ministrator’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective July 1, 1986, see section 702(b) of
Pub. L. 98–525, set out as a note under section 3021 of
this title.
SUBCHAPTER IV—TIME LIMITATION FOR
USE OF ELIGIBILITY AND ENTITLEMENT;
GENERAL AND ADMINISTRATIVE PROVI-
SIONS
§ 3031. Time limitation for use of eligibility and
entitlement
(a) Except as provided in subsections (b)
through (g) and subsection (i), and subject to
subsection (h), of this section, the period during
which an individual entitled to educational as-
sistance under this chapter may use such indi-
vidual’s entitlement expires at the end of the 10-
year period beginning on the date of such indi-
vid
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3031
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