38 U.S.C. § 3232 — Duration; limitations

Page 715 TITLE 38—VETERANS’ BENEFITS § 3232 Subsec. (a)(2)(C). Pub. L. 101–237, § 423(b)(4)(A), in- serted ‘‘of Defense’’ after ‘‘Secretary’’. Subsec. (e)(1). Pub. L. 101–237, § 423(b)(1)(A), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever ap- pearing. 1988—Subsec. (d). Pub. L. 100–689, § 108(b)(2), added subsec. (d). Subsec. (e). Pub. L. 100–689, § 122, added subsec. (e). 1986—Subsec. (a)(2). Pub. L. 99–576 substituted ‘‘Ex- cept as provided in section 1633 of this title and subject to section 1641 of this title, the’’ for ‘‘The’’. 1981—Subsec. (c). Pub. L. 97–35, § 2003(a)(1), struck out applicability to a program of flight training. Subsec. (d). Pub. L. 97–35, § 2005(a), struck out subsec. (d) which related to eligibility of veterans for loans au- thorized by subchapter III of chapter 36 of this title. 1980—Subsec. (a)(1). Pub. L. 96–466, § 404, inserted ref- erence to provisions of section 1795 of this title limiting the aggregate period for which any person may receive assistance under two or more programs of educational or vocational assistance administered by the Veterans’ Administration, and substituted reference to part-time benefits, for reference to part-time benefit payments. Subsec. (b). Pub. L. 96–466, § 403, substituted reference to enrolling in a course, courses, or program of edu- cation for the purpose of attaining a secondary school diploma or an equivalency certificate during the last six months of such member’s first enlistment and at any time thereafter, for reference to participating in the Predischarge Education Program authorized by subchapter VI of chapter 34 of this title during the last 6 months of such member’s first enlistment. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107–103 effective Sept. 11, 2001, see section 103(e) of Pub. L. 107–103, set out as a note under section 3013 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–568 applicable to flight training received under this chapter, chapter 30 of this title, and chapter 106 of Title 10, Armed Forces, after Sept. 30, 1992, see section 310(d) of Pub. L. 102–568, set out as a note under section 16131 of Title 10. EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–16, § 7(c), Mar. 22, 1991, 105 Stat. 52, pro- vided that: ‘‘The amendments made by this section [amending this section and section 1641 [now 3241] of this title] shall take effect on April 1, 1991.’’ EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 108(b)(2) of Pub. L. 100–689 ef- fective Jan. 1, 1989, see section 108(c) of Pub. L. 100–689, set out as a note under section 3002 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–35, title XX, § 2006, Aug. 13, 1981, 95 Stat. 783, provided that: ‘‘(a) Except as provided in subsection (b), the amend- ments made by sections 2003 [amending this section and sections 1641, 1662, 1673, 1681, 1682, and 1780 [now 3241, 3462, 3473, 3481, 3482, and 3680] of this title and repealing section 1677 of this title] and 2005 [amending this sec- tion and sections 1686 [repealed], 1737 [repealed], and 1798 [now 3698] of this title] shall take effect on October 1, 1981. ‘‘(b) The amendments made by such sections shall not apply to any person receiving educational assistance under section 1677 [now 3477] of title 38, United States Code, as such section was in effect on August 31, 1981, for the pursuit of a program of education (as defined in section 1652(b) [now 3452(b)] of such title) in which such person was enrolled on that date, for as long as such person is continuously thereafter so enrolled and meets the requirements of eligibility for such assistance for the pursuit of such program under the provisions of chapters 34 and 36 of such title, as in effect on that date.’’ EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–466 effective Oct. 1, 1980, see section 802(d)(2) of Pub. L. 96–466, set out as a note under section 3224 of this title. EFFECTIVE DATE Section effective Jan. 1, 1977, see section 406 of Pub. L. 94–502, set out as a note under section 3201 of this title. § 3232. Duration; limitations (a)(1) Except as provided in paragraphs (2) and (3), and subject to paragraph (4), of this sub- section, educational assistance benefits shall not be afforded an eligible veteran under this chapter more than 10 years after the date of such veteran’s last discharge or release from ac- tive duty. (2)(A) If any eligible veteran was prevented from initiating or completing such veteran’s chosen program of education during the delim- iting period determined under paragraph (1) of this subsection because of a physical or mental disability which was not the result of such vet- eran’s own willful misconduct, such veteran shall, upon application made in accordance with subparagraph (B) of this paragraph, be granted an extension of the applicable delimiting period for such length of time as the Secretary deter- mines, from the evidence, that such veteran was so prevented from initiating or completing such program of education. (B) An extension of the delimiting period ap- plicable to an eligible veteran may be granted under subparagraph (A) of this paragraph by rea- son of the veteran’s mental or physical dis- ability only if the veteran submits an applica- tion for such extension to the Secretary within one year after (i) the last date of the delimiting period otherwise applicable to the veteran under paragraph (1) of this subsection, or (ii) the ter- mination date of the period of the veteran’s mental or physical disability, whichever is later. (3) When an extension of the applicable delim- iting period is granted an eligible veteran under paragraph (2) of this subsection, the delimiting period with respect to such veteran shall again begin to run on the first day after such veteran’s recovery from such disability on which it is rea- sonably feasible, as determined in accordance with regulations prescribed by the Secretary, for such veteran to initiate or resume pursuit of a program of education with educational assist- ance under this chapter. (4) For purposes of paragraph (1) of this sub- section, a veteran’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 in- dividual involved is discharged or released for a service-connected disability, for a medical con- dition which preexisted such service and which the Secretary determines is not service con- nected, for hardship, or as a result of a reduction in force as described in section 3011(a)(1)(A)(ii)(III) of this title. (b)(1) In the event that an eligible veteran has not utilized any or all of such veteran’s entitle- Page 716 TITLE 38—VETERANS’ BENEFITS § 3233 ment by the end of the delimiting period appli- cable to the veteran under subsection (a) of this section and at the end of one year thereafter has not filed a claim for utilizing such entitlement, such eligible veteran is automatically disenrolled. (2)(A) Any contributions which were made by a veteran disenrolled under paragraph (1) of this subsection and remain in the fund shall be re- funded to the veteran after notice of disenrollment is transmitted to the veteran and the veteran applies for such refund. (B) If no application for refund of contribu- tions under subparagraph (A) of this paragraph is received from a disenrolled veteran within one year after the date the notice referred to in such subparagraph is transmitted to the veteran, it shall be presumed that the veteran’s where- abouts is unknown and the funds shall be trans- ferred to the Secretary for payments for entitle- ment earned under subchapter II of chapter 30. (c)(1) Subject to paragraph (3), the amount of educational assistance payable under this chap- ter for a licensing or certification test described in section 3452(b) of this title is the lesser of $2,000 or the fee charged for the test. (2) The number of months of entitlement charged in the case of any individual for such li- censing or certification test is equal to the num- ber (including any fraction) determined by di- viding the total amount paid to such individual for such test by the full-time monthly institu- tional rate of the educational assistance allow- ance which, except for paragraph (1), such indi- vidual would otherwise be paid under this chap- ter. (3) In no event shall payment of educational assistance under this subsection for such a test exceed the amount of the individual’s available entitlement under this chapter. (d)(1) Subject to paragraph (3), the amount of educational assistance payable under this chap- ter for a national test for admission or national test providing an opportunity for course credit at institutions of higher learning described in section 3452(b) of this title is the amount of the fee charged for the test. (2) The number of months of entitlement charged in the case of any individual for a test described in paragraph (1) is equal to the num- ber (including any fraction) determined by di- viding the total amount of educational assist- ance paid such individual for such test by the full-time monthly institutional rate of edu- cational assistance, except for paragraph (1), such individual would otherwise be paid under this chapter. (3) In no event shall payment of educational assistance under this subsection for a test de- scribed in paragraph (1) exceed the amount of the individual’s available entitlement under this chapter. (Added Pub. L. 94–502, title IV, § 404, Oct. 15, 1976, 90 Stat. 2396, § 1632; amended Pub. L. 97–258, § 3(k)(2), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 98–160, title VII, § 702(8), Nov. 21, 1983, 97 Stat 1009; Pub. L. 99–576, title III, § 311, Oct. 28, 1986, 100 Stat. 3272; Pub. L. 101–237, title IV, §§ 420(a)(2), 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2087, 2092; Pub. L. 102–16, § 4, Mar. 22, 1991, 105 Stat. 49; renumbered § 3232 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–275, title I, § 106(c)(1), Oct. 9, 1996, 110 Stat. 3329; Pub. L. 106–419, title I, § 122(b)(2), Nov. 1, 2000, 114 Stat. 1834; Pub. L. 108–454, title I, § 106(b)(2), Dec. 10, 2004, 118 Stat. 3603.) Editorial Notes AMENDMENTS 2004—Subsec. (d). Pub. L. 108–454 added subsec. (d). 2000—Subsec. (c). Pub. L. 106–419 added subsec. (c). 1996—Subsec. (b)(2)(B). Pub. L. 104–275 struck out ‘‘, for the purposes of section 1322(a) of title 31,’’ after ‘‘it shall be presumed’’ and substituted ‘‘to the Sec- retary for payments for entitlement earned under sub- chapter II of chapter 30’’ for ‘‘as provided in such sec- tion’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 1632 of this title as this section. Subsec. (a)(4). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3011(a)(1)(A)(ii)(III)’’ for ‘‘1411(a)(1)(A)(ii)(III)’’. Subsec. (b)(1). Pub. L. 102–16 inserted before comma ‘‘and at the end of one year thereafter has not filed a claim for utilizing such entitlement’’. 1989—Subsec. (a)(1). Pub. L. 101–237, § 420(a)(2)(B), in- serted ‘‘, and subject to paragraph (4),’’ before ‘‘of this subsection’’. Subsec. (a)(2), (3). Pub. L. 101–237, § 423(b)(1)(A), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever ap- pearing. Subsec. (a)(4). Pub. L. 101–237, § 420(a)(2)(A), added par. (4). 1986—Pub. L. 99–576 amended section generally. Prior to amendment, section read as follows: ‘‘No educational assistance benefits shall be afforded an eligible veteran under this chapter beyond the date of 10 years after such veteran’s last discharge or release from active duty. In the event an eligible veteran has not utilized any or all of such veterans’ entitlement by the end of the 10-year period, such eligible veteran is automati- cally disenrolled and any contributions made by such veteran remaining in the fund shall be refunded to the veteran following notice to the veteran and an applica- tion by the veteran for such refund. If no application is received within 1 year from date of notice, it will be presumed for the purposes of section 1322(a) of title 31 that the individual’s whereabouts is unknown and the funds shall be transferred as directed in such section.’’ 1983—Pub. L. 98–160 struck out the comma after ‘‘title 31’’ and substituted ‘‘such section’’ for ‘‘section 1322(a)’’. 1982—Pub. L. 97–258 substituted ‘‘section 1322(a) of title 31’’ and ‘‘section 1322(a)’’ for ‘‘subsection (a) of section 725s of title 31’’ and ‘‘the last proviso of that subsection’’, respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–419 effective Mar. 1, 2001, and applicable with respect to licensing and certifi- cation tests approved by the Secretary of Veterans Af- fairs on or after such date, see section 122(d) of Pub. L. 106–419, set out as a note under section 3032 of this title. EFFECTIVE DATE Section effective Jan. 1, 1977, see section 406 of Pub. L. 94–502, set out as a note under section 3201 of this title. § 3233. Apprenticeship or other on-job training (a) Except as provided in subsection (b) of this section, the amount of the monthly benefit pay- ment to an individual pursuing a full-time pro- gram of apprenticeship or other on-job training under this chapter is— (1) for each of the first six months of the in- dividual’s pursuit of such program, 75 percent