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38 U.S.C. § 3018C — Opportunity for certain VEAP participants to enroll
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
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Source file: Laws/federal/codes/united-states-code/title-38/section-3018c-opportunity-for-certain-veap-participants-to-enroll--99d7a55c05.md
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Source location: Title 38, Chapter 30, § 3018C; chapter-030-all-volunteer-force-educational-assistance-program.md
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**(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 Secretary of Defense) until the total amount by which such basic pay is reduced is $1,200; or
(2) to the extent that basic pay is not so reduced before the individual’s discharge or release from active duty as specified in subsection (a)(4), the Secretary shall collect from the individual an amount equal to the difference between $1,200 and the total amount of reductions under paragraph (1), which shall be paid into the Treasury of the United States as miscellaneous receipts.
**(c)**
(1) Except as provided in paragraph (3), 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)(5) 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) to the individual, 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) and subject to subsection (b)(2) of this section, 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) 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).
**(d)** The procedures provided in regulations referred to in subsection (a) shall provide for notice of the requirements of subparagraphs (B), (C), and (D) of section 3011(a)(3) and of subparagraph (A) of [section 3012(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3012/a/3&num=0&edition=prelim). Receipt of such notice shall be acknowledged in writing.
**(e)**
(1) A qualified individual (described in paragraph (2)) may make an irrevocable election under this subsection, during the one-year period beginning on the date of the enactment of this subsection, to become entitled to basic educational assistance under this chapter. Such an election shall be made in the same manner as elections made under subsection (a)(5).
(2) A qualified individual referred to in paragraph (1) is an individual who meets each of the following requirements:
(A) The individual was a participant in the educational benefits program under chapter 32 of this title on or before October 9, 1996.
(B) The individual has continuously served on active duty since October 9, 1996 (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)), through at least April 1, 2000.
(C) The individual meets the requirements of subsection (a)(3).
(D) The individual, when discharged or released from active duty, is discharged or released therefrom with an honorable discharge.
(3)
(A) Subject to the succeeding provisions of this paragraph, with respect to a qualified individual who makes an election under paragraph (1) to become entitled to basic education assistance under this chapter—
(i) the basic pay of the qualified individual shall be reduced (in a manner determined by the Secretary concerned) until the total amount by which such basic pay is reduced is $2,700; and
(ii) to the extent that basic pay is not so reduced before the qualified individual’s discharge or release from active duty as specified in subsection (a)(4), at the election of the qualified individual—
(I) the Secretary concerned shall collect from the qualified individual; or
(II) the Secretary concerned shall reduce the retired or retainer pay of the qualified individual by,
an amount equal to the difference between $2,700 and the total amount of reductions under clause (i), which shall be paid into the Treasury of the United States as miscellaneous receipts.
(B)
(i) The Secretary concerned shall provide for an 18-month period, beginning on the date the qualified individual makes an election under paragraph (1), for the qualified individual to pay that Secretary the amount due under subparagraph (A).
(ii) Nothing in clause (i) shall be construed as modifying the period of eligibility for and entitlement to basic education assistance under this chapter applicable under [section 3031 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3031&num=0&edition=prelim).
(C) The provisions of subsection (c) shall apply to qualified individuals making elections under this subsection in the same manner as they applied to individuals making elections under subsection (a)(5).
(4) With respect to qualified individuals referred to in paragraph (3)(A)(ii), no amount of educational assistance allowance under this chapter shall be paid to the qualified individual until the earlier of the date on which—
(A) the Secretary concerned collects the applicable amount under subclause (I) of such paragraph; or
(B) the retired or retainer pay of the qualified individual is first reduced under subclause (II) of such paragraph.
(5) The Secretary, in conjunction with the Secretary of Defense, shall provide for notice to participants in the educational benefits program under chapter 32 of this title of the opportunity under this subsection to elect to become entitled to basic educational assistance under this chapter.
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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 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)** 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
Page 670
TITLE 38—VETERANS’ BENEFITS
§ 3018C
vidual referred to in paragraph (1) of this sub-
section shall remain in such account to make
payments of benefits to such individual under
section 3015(f) of this title.
(Added Pub. L. 102–484, div. D, title XLIV,
§ 4404(a), Oct. 23, 1992, 106 Stat. 2704; amended
Pub. L. 103–446, title XII, § 1201(d)(5), (e)(11),
(f)(3), Nov. 2, 1994, 108 Stat. 4684, 4685, 4687; Pub.
L. 105–368, title II, § 203(a), title X, § 1005(b)(6),
Nov. 11, 1998, 112 Stat. 3326, 3365; Pub. L. 107–296,
title XVII, § 1704(d), Nov. 25, 2002, 116 Stat. 2315;
Pub. L. 116–283, div. A, title IX, § 926(a)(40), Jan.
1, 2021, 134 Stat. 3830.)
Editorial Notes
AMENDMENTS
2021—Subsec. (a)(1)(A), (2)(A). Pub. L. 116–283 sub-
stituted ‘‘air, or space service’’ for ‘‘or air service’’.
2002—Subsec. (a)(1)(C), (2)(C). Pub. L. 107–296 sub-
stituted ‘‘of Homeland Security’’ for ‘‘of Transpor-
tation’’.
1998—Subsec. (a)(1)(B), (2)(B). Pub. L. 105–368, § 203(a),
substituted ‘‘successfully completed (or otherwise re-
ceived academic credit for)’’ for ‘‘successfully com-
pleted’’.
Subsec. (a)(2)(E). Pub. L. 105–368, § 1005(b)(6), which di-
rected the substitution of ‘‘before October 23, 1993,’’ for
‘‘before the one-year period beginning on the date of
the enactment of this section,’’, was executed by mak-
ing the substitution for text which did not include the
word ‘‘the’’ before the word ‘‘enactment’’, to reflect the
probable intent of Congress.
1994—Subsec. (a)(2)(A). Pub. L. 103–446, § 1201(f)(3), sub-
stituted ‘‘October 23, 1992,’’ for ‘‘the date of enactment
of this section’’.
Subsec. (d)(1). Pub. L. 103–446, § 1201(e)(11)(A), sub-
stituted ‘‘(a)(2)(D) of this section’’ for ‘‘(a)(2)(D) of this
subsection’’.
Subsec. (d)(3). Pub. L. 103–446, § 12
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3018C
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