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38 U.S.C. § 3321 — Time limitation for use of and eligibility for entitlement
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
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Source file: Laws/federal/codes/united-states-code/title-38/section-3321-time-limitation-for-use-of-and-eligibility-for-entitlement--d95dc9b313.md
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Source location: Title 38, Chapter 33, § 3321; chapter-033-post-9-11-educational-assistance.md
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**(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, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3312&num=0&edition=prelim).
(3) **Determination of last discharge or release.—** — For purposes of subsection (a), 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 is discharged or released as described in section 3311(b)(2).
(4) **Applicability to children of deceased members.—** — The period during which a child entitled to educational assistance by reason of [section 3311(b)(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3311/b/8&num=0&edition=prelim) 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 period 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 January 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) 11 See References in Text note below. may use such spouse’s entitlement—
(A) in the case of a spouse who first becomes entitled to such entitlement before January 1, 2013, expires at the end of the 15-year period beginning on the date on which the spouse first becomes entitled to such entitlement; or
(B) in the case of a spouse who first becomes entitled to such entitlement on or after January 1, 2013, shall not expire.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3031
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 16163
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3311
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Subject to section 3695 and except as provided in subsections (b) and (c), an individual entitled to educational assistance under this chapter is entitled to a number of months of educational assistance under section 3313 equal to 36 months.
**(b) Continuing Receipt.—** The receipt of educational assistance under section 3313 by an individual entitled to educational assistance under this chapter is subject to the provisions of section 3321(b)(2).
**(c) Discontinuation of Education for Active Duty.—**
(1) **In general.—** — Any payment of educational assistance described in paragraph (2) shall not—
(A) be charged against any entitlement to educational assistance of the individual concerned under this chapter; or
(B) be counted against the aggregate period for which section 3695 limits the individual’s receipt of educational assistance under this chapter.
(2) **Description of payment of educational assistance.—** — Subject to paragraph (3), the payment of educational assistance described in this paragraph is the payment of such assistance to an individual for pursuit of a course or courses under this chapter if the Secretary finds that the individual—
(A)
(i) in the case of an individual not serving on active duty, had to discontinue such course pursuit as a result of being called or ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10; or
(ii) in the case of an individual 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
(B) failed to receive credit or lost training time toward completion of the individual’s approved education, professional, or v
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3312
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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
Page 744
TITLE 38—VETERANS’ BENEFITS
§ 3321
clinical training program for health care pro-
fessionals.
(E) Individuals who have earned a graduate
degree and are enrolled in a covered clinical
training program for health care professionals.
(d) AMOUNT OF ASSISTANCE.—(1) The Secretary
shall pay to each eligible individual who re-
ceives additional benefits under this section the
monthly amount payable under section 3313 of
this title for not more than 9 months of the pro-
gram of education in which the individual is en-
rolled (adjusted with respect to the individual
pursuant to section 3313(c), as appropriate), ex-
cept that the aggregate amount paid to an indi-
vidual under this section may not exceed $30,000.
(2) The Secretary may not pay to such an indi-
vidual an amount in addition to the amount
payable under paragraph (1) by reason of section
3317 of this title.
(3) An individual who receives additional bene-
fits under this section may also receive amounts
payable by a college or university pursuant to
section 3317 of this title.
(4) Notwithstanding any other provision of
this chapter or chapter 36 of this title, any addi-
tional benefits under this section may not be
counted toward the aggregate period for which
section 3695 of this title limits an individual’s
receipt of allowance or assistance.
(e) PROHIBITION ON TRANSFER.—An individual
who receives additional benefits under this sec-
tion may not transfer any amount of such addi-
tional benefits under section 3319 of this title.
(f) MAXIMUM AMOUNT OF TOTAL ASSISTANCE.—
The total amount of benefits paid to all eligible
individuals under this section may not exceed—
(1) $25,000,000 for fiscal year 2019;
(2) $75,000,000 for each of fiscal years 2020
through 2022; and
(3) $100,000,000 for f
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3321
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