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38 U.S.C. § 3018B — Opportunity for certain persons to enroll
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding any other provision of law—
(1) the Secretary of Defense shall, subject to the availability of appropriations, allow an individual who—
(A) is separated from the active military, naval, air, or space service with an honorable discharge and receives voluntary separation incentives under section 1174a or 1175 of title 10;
(B) 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;
(C) in the case of any individual who has made an election under section 3011(c)(1) or 3012(d)(1) of this title, withdraws such election before such separation 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 service in the Navy;
(D) in the case of any person enrolled in the educational benefits program provided by chapter 32 of this title makes an irrevocable election, pursuant to procedures referred to in subparagraph (C) of this paragraph, before such separation to receive benefits under this section in lieu of benefits under such chapter 32; and
(E) before such separation elects to receive assistance under this section pursuant to procedures referred to in subparagraph (C) of this paragraph; or
(2) the Secretary, in consultation with the Secretary of Defense, shall, subject to the availability of appropriations, allow
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Source file: Laws/federal/codes/united-states-code/title-38/section-3018b-opportunity-for-certain-persons-to-enroll--7783463cb2.md
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Source location: Title 38, Chapter 30, § 3018B; chapter-030-all-volunteer-force-educational-assistance-program.md
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**(a)** Notwithstanding any other provision of law—
(1) the Secretary of Defense shall, subject to the availability of appropriations, allow an individual who—
(A) is separated from the active military, naval, air, or space service with an honorable discharge and receives voluntary separation incentives under section 1174a or 1175 of title 10;
(B) 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;
(C) in the case of any individual who has made an election under section 3011(c)(1) or 3012(d)(1) of this title, withdraws such election before such separation 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 service in the Navy;
(D) in the case of any person enrolled in the educational benefits program provided by chapter 32 of this title makes an irrevocable election, pursuant to procedures referred to in subparagraph (C) of this paragraph, before such separation to receive benefits under this section in lieu of benefits under such chapter 32; and
(E) before such separation elects to receive assistance under this section pursuant to procedures referred to in subparagraph (C) of this paragraph; or
(2) the Secretary, in consultation with the Secretary of Defense, shall, subject to the availability of appropriations, allow an individual who—
(A) separated before October 23, 1992, from the active military, naval, air, or space service with an honorable discharge and received or is receiving voluntary separation incentives under section 1174a or 1175 of title 10;
(B) 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;
(C) in the case of any individual who has made an election under section 3011(c)(1) or 3012(d)(1) of this title, withdraws such election before making an election under this paragraph pursuant to procedures which the Secretary shall provide, in consultation with the Secretary of Defense and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as service in the Navy, which shall be similar to the regulations prescribed under paragraph (1)(C) of this subsection;
(D) in the case of any person enrolled in the educational benefits program provided by chapter 32 of this title makes an irrevocable election, pursuant to procedures referred to in subparagraph (C) of this paragraph, before making an election under this paragraph to receive benefits under this section in lieu of benefits under such chapter 32; and
(E) before October 23, 1993, elects to receive assistance under this section pursuant to procedures referred to in subparagraph (C) of this paragraph,
to elect to become entitled to basic education assistance under this chapter.
**(b)**
(1) The basic pay or voluntary separation incentives of an individual who makes an election under subsection (a)(1) to become entitled to basic education assistance under this chapter shall be reduced by $1,200.
(2) The Secretary shall collect $1,200 from an individual who makes an election under subsection (a)(2) to become entitled to basic education assistance under this chapter, which shall be paid into the Treasury of the United States as miscellaneous receipts.
**(c)** A withdrawal referred to in subsection (a)(1)(C) or (a)(2)(C) of this section is irrevocable.
**(d)**
(1) Except as provided in paragraph (3) of this subsection, an individual who is enrolled in the educational benefits program provided by chapter 32 of this title and who makes the election described in subsection (a)(1)(D) or (a)(2)(D) of this section shall be disenrolled from such chapter 32 program as of the date of such election.
(2) For each individual who is disenrolled from such program, the Secretary shall refund—
(A) as provided in [section 3223(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3223/b&num=0&edition=prelim), to the individual the unused contributions made by the individual to the Post-Vietnam Era Veterans Education Account established pursuant to [section 3222(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3222/a&num=0&edition=prelim); and
(B) to the Secretary of Defense the unused contributions (other than contributions made under [section 3222(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3222/c&num=0&edition=prelim)) made by such Secretary to the Account on behalf of such individual.
(3) Any contribution made by the Secretary of Defense to the Post-Vietnam Era Veterans Education Account pursuant to subsection (c) of [section 3222 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3222&num=0&edition=prelim) on behalf of any individual referred to in paragraph (1) of this subsection shall remain in such account to make payments of benefits to such individual under [section 3015(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3015/f&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsections (c) and (d) of this section, each person electing to participate in the program shall agree to have a monthly deduction made from such person’s military pay. Such monthly deduction shall be in any amount not less than $25 nor more than $100 except that the amount must be divisible by 5. Any such amount contributed by the participant or contributed by the Secretary of Defense pursuant to subsection (c) of this section shall be deposited in a deposit fund account entitled the “Post-Vietnam Era Veterans Education Account” (hereinafter in this chapter referred to as the “fund”) to be established in the Treasury of the United States. Contributions made by the participant shall be limited to a maximum of $2,700.
**(b)** Except as otherwise provided in this chapter, each monthly contribution made by a participant under subsection (a) shall entitle the participant to matching funds from the Department of Defense at the rate of $2 for each $1 contributed by the participant.
**(c)** The Secretary of Defense is authorized to contribute to the fund of any participant such contributions as the Secretary of Defense deems necessary or appropriate to encourage persons to enter or remain in the Armed Forces, including contributions in lieu of, or to reduce the amount of, monthly deductions under subsection (a) of this section. The Secretary of Defense is authorized to issue such rules and regulations as the Secretary of Defense deems necessary or appropriate to implement the provisions of this subsection.
**(d)** Subject to the maximum contribution prescribed by subsection (a) of this section, a participant shall be permitted, while serving on active duty, to make a lump-sum contribution to the fund. A lump-sum contribution to the fund by a p
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3222
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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) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
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Federal law — U.S. Code and appendices · legal_authorities
Page 669
TITLE 38—VETERANS’ BENEFITS
§ 3018B
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective on the date of
transfer of the Coast Guard to the Department of
Homeland Security, see section 1704(g) of Pub. L.
107–296, set out as a note under section 101 of Title 10,
Armed Forces.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–368 effective Oct. 1, 1998,
see section 203(b) of Pub. L. 105–368, set out as a note
under section 3011 of this title.
§ 3018B. Opportunity for certain persons to en-
roll
(a) Notwithstanding any other provision of
law—
(1) the Secretary of Defense shall, subject to
the availability of appropriations, allow an in-
dividual who—
(A) is separated from the active military,
naval, air, or space service with an honor-
able discharge and receives voluntary sepa-
ration incentives under section 1174a or 1175
of title 10;
(B) 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;
(C) in the case of any individual who has
made an election under section 3011(c)(1) or
3012(d)(1) of this title, withdraws such elec-
tion before such separation pursuant to pro-
cedures which the Secretary of each mili-
tary 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 Home-
land Security shall provide for such purpose
with respect to the Coast Guard when it is
not operating as service in the Navy;
(D)
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3018B
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