Browse Arkansas Code titles and sections
38 U.S.C. § 3202 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(1)
(A) The term “eligible veteran” means any veteran who is not eligible for educational assistance under chapter 34 of this title and who (i) entered military service on or after January 1, 1977, and before July 1, 1985, served on active duty for a period of more than 180 days commencing on or after January 1, 1977, and was discharged or released therefrom under conditions other than dishonorable, or (ii) entered military service on or after January 1, 1977, and before July 1, 1985, and was discharged or released from active duty after January 1, 1977, for a service-connected disability.
(B) The requirement of discharge or release, prescribed in subparagraph (A), shall be waived in the case of any participant who has completed his or her first obligated period of active duty (which began after December 31, 1976) or 6 years of active duty (which began after December 31, 1976), whichever period is less.
(C) For the purposes of subparagraphs (A) and (B), the term “active duty” does not include any period during which an individual (i) was assigned full time by the Armed Forces to a civilian institution for a course of education which was substantially the same as established courses offered to civilians, (ii) served as a cadet or midshipman at one of the service academies, or (iii) served under the provisions of section 511(d) 11 See References in Text note below. of title 10 pursuant to an enlistment in the Army National Guard or the Air National Guard, or as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve.
(D)
(i) The requirement of ineligibility for educational assistance under chapter 34 of this title, prescribed in subparagraph (A), shall be w
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3202
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: a0ebdbec24e390fa4bc61ea985b6f63fbb20d89726f95b33141436474c191d44. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_4d89fece6e24ba736f7cc425
Source file: Laws/federal/codes/united-states-code/title-38/section-3202-definitions--cb4b5284e9.md
Pages: Not recorded – Not recorded
Passage SHA-256: 4fa2b83ed33ffbb7f2c1b40e4abfdbbef2ae14277874fefe2da9437554e8bf09
Source location: Title 38, Chapter 32, § 3202; chapter-032-post-vietnam-era-veterans-educational-assistance.md
Stored source content
For the purposes of this chapter—
(1)
(A) The term “eligible veteran” means any veteran who is not eligible for educational assistance under chapter 34 of this title and who (i) entered military service on or after January 1, 1977, and before July 1, 1985, served on active duty for a period of more than 180 days commencing on or after January 1, 1977, and was discharged or released therefrom under conditions other than dishonorable, or (ii) entered military service on or after January 1, 1977, and before July 1, 1985, and was discharged or released from active duty after January 1, 1977, for a service-connected disability.
(B) The requirement of discharge or release, prescribed in subparagraph (A), shall be waived in the case of any participant who has completed his or her first obligated period of active duty (which began after December 31, 1976) or 6 years of active duty (which began after December 31, 1976), whichever period is less.
(C) For the purposes of subparagraphs (A) and (B), the term “active duty” does not include any period during which an individual (i) was assigned full time by the Armed Forces to a civilian institution for a course of education which was substantially the same as established courses offered to civilians, (ii) served as a cadet or midshipman at one of the service academies, or (iii) served under the provisions of section 511(d) 11 See References in Text note below. of title 10 pursuant to an enlistment in the Army National Guard or the Air National Guard, or as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve.
(D)
(i) The requirement of ineligibility for educational assistance under chapter 34 of this title, prescribed in subparagraph (A), shall be waived in the case of a veteran described in division (ii) of this subparagraph who elects to receive benefits under this chapter instead of assistance under such chapter 34. A veteran who makes such an election shall be ineligible for assistance 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3452/a/3/C&num=0&edition=prelim) to have such service considered to be “active duty” for the purposes of chapter 34 of this title, and is eligible for assistance 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 [section 3452(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3452/b&num=0&edition=prelim), and
(B) includes (i) a full-time program of apprenticeship or other on-job training approved as provided in clause (1) or (2), as appropriate, of [section 3687(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3687/a&num=0&edition=prelim), and (ii) in the case of an individual who is not serving on active duty, a cooperative program (as defined in [section 3482(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3482/a/2&num=0&edition=prelim)).
(3) The term “participant” is a person who is participating in the educational benefits program established under this chapter.
(4) The term “educational institution” has the meaning given such term in [section 3452(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3452/c&num=0&edition=prelim).
(5) The term “training establishment” has the meaning given such term in [section 3452(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3452/e&num=0&edition=prelim).
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Program Authority.—** The Secretary of each military department may establish a program to increase the number of, and the level of the qualifications of, persons entering the armed forces as enlisted members by encouraging recruits to pursue higher education or vocational or technical training before entry into active service.
**(b) Delayed Entry With Allowance for Higher Education.—** The Secretary concerned may—
(1) exercise the authority under [section 513 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section513&num=0&edition=prelim)—
(A) to accept the enlistment of a person as a Reserve for service in the Selected Reserve or Individual Ready Reserve of a reserve component, or as a member of the Space Force, notwithstanding the scope of the authority under subsection (a) of that section, in the case of the Army National Guard of the United States or Air National Guard of the United States; and
(B) to authorize, notwithstanding the period limitation in subsection (b) of that section, a delay of the enlistment of any such person in a regular component under that subsection for the period during which the person is enrolled in, and pursuing a program of education at, an institution of higher education, or a program of vocational or technical training, on a full-time basis that is to be completed within the maximum period of delay determined for that person under subsection (c); and
(2) subject to paragraph (2) of subsection (d) and except as provided in paragraph (3) of that subsection, pay an allowance to a person accepted for enlistment under paragraph (1)(A) for each month of the period during which that person is enrolled in and pursuing a program described in paragraph (1)(B).
**(c) Maximum Period of Delay.—**
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 511
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise prescribed by law, enlistments as Reserves are for terms prescribed by the Secretary concerned. However, an enlistment that is in effect at the beginning of a war or of a national emergency declared by Congress, or entered into during such a war or emergency, and that would otherwise expire, continues in effect until the expiration of six months after the end of that war or emergency, whichever is later, unless sooner terminated by the Secretary concerned.
**(b)** Under regulations to be prescribed by the Secretary of Defense, and by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, a person who is qualified for enlistment for active duty in an armed force, and who is not under orders to report for induction into an armed force under the Military Selective Service Act ([50 U.S.C. 3801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3801&num=0&edition=prelim) et seq.), may be enlisted as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve, for a term of not less than six years nor more than eight years. Each person enlisted under this subsection shall serve—
(1) on active duty for a period of not less than two years; and
(2) the rest of his period of enlistment as a member of the Ready Reserve.
**(c)** In time of war or of national emergency declared by Congress the term of service of an enlisted member transferred to a reserve component according to law, that would otherwise expire, continues until the expiration of six months after the end of that war or emergency, whichever is later, unless sooner terminated by the Secretary concerned.
**(d)** Under regulations to be presc
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12103
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(1) The term “basic educational assistance” means educational assistance provided under subchapter II of this chapter.
(2) The term “supplemental educational assistance” means educational assistance provided under subchapter III of this chapter.
(3) The term “program of education”—
(A) has the meaning given such term in [section 3452(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3452/b&num=0&edition=prelim);
(B) includes—
(i) a preparatory course for a test that is required or used for admission to an institution of higher education; and
(ii) a preparatory course for a test that is required or used for admission to a graduate school; and
(C) in the case of an individual who is not serving on active duty, includes (i) a full-time program of apprenticeship or of other on-job training approved as provided in clause (1) or (2), as appropriate, of [section 3687(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3687/a&num=0&edition=prelim), and (ii) a cooperative program (as defined in [section 3482(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3482/a/2&num=0&edition=prelim)).
(4) The term “Selected Reserve” means the Selected Reserve of the Ready Reserve of any of the reserve components (including the Army National Guard of the United States and the Air National Guard of the United States) of the Armed Forces, as required to be maintained under [section 10143(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10143/a&num=0&edition=prelim).
(5) The term “Secretary of Defense” means the Secretary of Defense, except that it means the Secret
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3002
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purposes of this chapter and chapter 36 of this title—
(1) The term “eligible person” means any of the following:
(A) A child of a person who, as a result of qualifying service—
(i) died of a service-connected disability; or
(ii) has a total disability permanent in nature resulting from a service-connected disability, or who died while a disability so evaluated was in existence.
(B) The surviving spouse of any person who died of a service-connected disability sustained during a period of qualifying service.
(C) The spouse or child of any member of the Armed Forces serving on active duty who, at the time of application for benefits under this chapter is listed, pursuant to [section 556 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section556&num=0&edition=prelim) and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (i) missing in action, (ii) captured in line of duty by a hostile force, or (iii) forcibly detained or interned in line of duty by a foreign government or power.
(D)
(i) The spouse of any person who has a total disability permanent in nature resulting from a service-connected disability sustained during a period of qualifying service, or (ii) the surviving spouse of a veteran who died while a disability so evaluated was in existence.
(E) The spouse or child of a person who—
(i) at the time of the Secretary’s determination under clause (ii), is a member of the Armed Forces who is hospitalized or receiving outpatient medical care, services, or treatment;
(ii) the Secretary determines has a total disability permanent in nature incurred or aggravated in the line
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3501
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Where it appears to the Secretary that the interest of the beneficiary would be served thereby, payment of benefits under any law administered by the Secretary may be made directly to the beneficiary or to a relative or some other fiduciary for the use and benefit of the beneficiary, regardless of any legal disability on the part of the beneficiary. Where, in the opinion of the Secretary, any fiduciary receiving funds on behalf of a Department beneficiary is acting in such a number of cases as to make it impracticable to conserve properly the estates or to supervise the persons of the beneficiaries, the Secretary may refuse to make future payments in such cases as the Secretary may deem proper.
(2) In a case in which the Secretary determines that a commission is necessary in order to obtain the services of a fiduciary in the best interests of a beneficiary, the Secretary may authorize a fiduciary appointed by the Secretary to obtain from the beneficiary’s estate a reasonable commission for fiduciary services rendered, but the commission for any year may not exceed 4 percent of the monetary benefits under laws administered by the Secretary paid on behalf of the beneficiary to the fiduciary during such year. A commission may not be authorized for a fiduciary who receives any other form of remuneration or payment in connection with rendering fiduciary services for benefits under this title on behalf of the beneficiary.
**(b)** Whenever it appears that any fiduciary, in the opinion of the Secretary, is not properly executing or has not properly executed the duties of the trust of such fiduciary or has collected or paid, or is attempting to collect or pay, fees, commissions, or allowances that are inequitable or in excess of those allowed by law for the duties
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5502
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 708
TITLE 38—VETERANS’ BENEFITS
§ 3201
1 See References in Text note below.
(Added Pub. L. 110–389, title III, § 334(a), Oct. 10,
2008, 122 Stat. 4172.)
CHAPTER 32—POST-VIETNAM ERA
VETERANS’ EDUCATIONAL ASSISTANCE
SUBCHAPTER I—PURPOSE; DEFINITIONS
Sec.
3201.
Purpose.
3202.
Definitions.
SUBCHAPTER II—ELIGIBILITY; CONTRIBUTIONS;
AND MATCHING FUND
3221.
Eligibility.
3222.
Contributions; matching fund.
3223.
Refunds of contributions upon disenrollment.
3224.
Death of participant.
3225.
Discharge or release under conditions which
would bar the use of benefits.
SUBCHAPTER III—ENTITLEMENT; DURATION
3231.
Entitlement; loan eligibility.
3232.
Duration; limitations.
3233.
Apprenticeship or other on-job training.
3234.
Tutorial assistance.
SUBCHAPTER IV—ADMINISTRATION
3241.
Requirements.
3243.
Deposits; reports.
Editorial Notes
AMENDMENTS
1991—Pub. L. 102–83, § 5(b)(1), Aug. 6, 1991, 105 Stat. 406,
renumbered items 1601 to 1643 as 3201 to 3243, respec-
tively.
Pub. L. 102–16, § 5(b), Mar. 22, 1991, 105 Stat. 50, struck
out item 1642 ‘‘Reporting requirements’’.
1988—Pub. L. 100–689, title I, § 107(b)(2), Nov. 18, 1988,
102 Stat. 4169, added item 1634.
1986—Pub. L. 99–576, title III, § 310(b)(3), Oct. 28, 1986,
100 Stat. 3272, added item 1633.
1982—Pub. L. 97–295, § 4(36), Oct. 12, 1982, 96 Stat. 1307,
inserted ‘‘the’’ after ‘‘bar’’ in item 1625.
SUBCHAPTER I—PURPOSE; DEFINITIONS
§ 3201. Purpose
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
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3202
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.