38 U.S.C. § 3462 — Time limitations for completing a pro-

Page 756 TITLE 38—VETERANS’ BENEFITS § 3462 see section 6(a) of Pub. L. 90–631, set out as an Effective Date note under section 3500 of this title. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title. § 3462. Time limitations for completing a pro- gram of education (a) DELIMITING PERIOD FOR COMPLETION.—(1) Subject to paragraph (4) of this subsection, no educational assistance shall be afforded an eligi- ble veteran under this chapter beyond the date 10 years after the veteran’s last discharge or re- lease from active duty after January 31, 1955; ex- cept that, in the case of any eligible veteran who was prevented from initiating or com- pleting such veteran’s chosen program of edu- cation within such time period because of a physical or mental disability which was not the result of such veteran’s own willful misconduct, such veteran shall, upon application made with- in one year after (A) the last date of the delim- iting period otherwise applicable under this sec- tion, (B) the termination of the period of such mental or physical disability, or (C) October 1, 1980, whichever is the latest, be granted an ex- tension of the applicable delimiting period for such length of time as the Secretary determines, from the evidence, that such veteran was so pre- vented from initiating or completing such pro- gram of education. When an extension of the ap- plicable delimiting period is granted a veteran under the preceding sentence, the delimiting pe- riod with respect to such veteran will again begin running on the first day following such veteran’s recovery from such disability on which it is reasonably feasible, as determined in ac- cordance with regulations which the Secretary shall prescribe, for such veteran to initiate or resume pursuit of a program of education with educational assistance under this chapter. [(2) Repealed. Pub. L. 108–183, title III, § 306(d), Dec. 16, 2003, 117 Stat. 2661.] [(3) Repealed. Pub. L. 107–14, § 8(a)(5), June 5, 2001, 115 Stat. 34.] (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) CORRECTION OF DISCHARGE.—In the case of any eligible veteran who has been prevented, as determined by the Secretary, from completing a program of education under this chapter within the period prescribed by subsection (a), because the veteran had not met the nature of discharge requirements of this chapter before a change, correction, or modification of a discharge or dis- missal made pursuant to section 1553 of title 10, the correction of the military records of the proper service department under section 1552 of title 10, or other corrective action by competent authority, then the 10-year delimiting period shall run from the date the veteran’s discharge or dismissal was changed, corrected, or modi- fied. (c) SAVINGS CLAUSE.—In the case of any eligi- ble veteran who was discharged or released from active duty before June 1, 1966, the 10-year de- limiting period shall run from such date, if it is later than the date which otherwise would be ap- plicable. In the case of any eligible veteran who was discharged or released from active duty be- fore August 31, 1967, and who pursues a course of farm cooperative training, apprenticeship or other training on the job, the 10-year delimiting period shall run from August 31, 1967, if it is later than the date which would otherwise be ap- plicable. (d) PRISONERS OF WAR.—In the case of any vet- eran (1) who served on or after January 31, 1955, (2) who became eligible for educational assist- ance under the provisions of this chapter or chapter 36 of this title, and (3) who, subsequent to the veteran’s last discharge or release from active duty, was captured and held as a prisoner of war by a foreign government or power, there shall be excluded, in computing the veteran’s 10- year period of eligibility for educational assist- ance, any period during which the veteran was so detained and any period immediately fol- lowing the veteran’s release from such detention during which the veteran was hospitalized at a military, civilian, or Department of Veterans Affairs medical facility. (e) TERMINATION OF ASSISTANCE.—No edu- cational assistance shall be afforded any eligible veteran under this chapter or chapter 36 of this title after December 31, 1989. (Added Pub. L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 14, § 1662; amended Pub. L. 90–77, title III, § 305, Aug. 31, 1967, 81 Stat. 188; Pub. L. 93–337, § 1, July 10, 1974, 88 Stat. 292; Pub. L. 94–502, title II, § 211(3), title IV, § 403(b), Oct. 15, 1976, 90 Stat. 2388, 2393; Pub. L. 95–202, title II, § 203(a)(1), (b)(1), Nov. 23, 1977, 91 Stat. 1439; Pub. L. 96–466, title III, § 301, Oct. 17, 1980, 94 Stat. 2191; Pub. L. 97–35, title XX, § 2003(b)(1), Aug. 13, 1981, 95 Stat. 782; Pub. L. 97–72, title II, § 201(a), Nov. 3, 1981, 95 Stat. 1054; Pub. L. 97–295, § 4(39), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 97–306, title II, § 206(a), Oct. 14, 1982, 96 Stat. 1435; Pub. L. 98–160, title VII, § 702(10), Nov. 21, 1983, 97 Stat. 1009; Pub. L. 101–237, title IV, §§ 420(a)(3), 423(b)(1), Dec. 18, 1989, 103 Stat. 2087, 2092; renumbered § 3462 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 107–14, § 8(a)(5), June 5, 2001, 115 Stat. 34; Pub. L. 108–183, title III, § 306(d), Dec. 16, 2003, 117 Stat. 2661; Pub. L. 109–233, title V, § 503(8)(A), (C), June 15, 2006, 120 Stat. 416.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising subsecs. (a) and (b) of this section were contained in Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1176, which was classified to former sections 1612(c) and 1613(a), and 1612(a) of this title, respectively, prior to repeal by section 4(a) of Pub. L. 89–358. AMENDMENTS 2006—Subsecs. (a) to (c). Pub. L. 109–233, § 503(8)(A), re- vised style of headings. Page 757 TITLE 38—VETERANS’ BENEFITS § 3462 Subsecs. (d), (e). Pub. L. 109–233, § 503(8)(C), inserted headings. 2003—Subsec. (a)(2). Pub. L. 108–183 struck out par. (2) which related to loans under subchapter III of chapter 36 of this title. 2001—Subsec. (a)(3). Pub. L. 107–14 struck out par. (3) which permitted eligible Vietnam-era veterans to use unused entitlements under section 3461 for enumerated educational purposes and directed that veterans be pro- vided with employment counseling. 1991—Pub. L. 102–83, § 5(a), renumbered section 1662 of this title as this section. Subsec. (a)(2)(A), (3)(A). Pub. L. 102–83, § 5(c)(1), sub- stituted ‘‘3461’’ for ‘‘1661’’. Subsec. (a)(3)(C)(ii). Pub. L. 102–83, § 5(c)(1), sub- stituted ‘‘3491(b)(2)’’ for ‘‘1691(b)(2)’’. Subsec. (a)(4). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3011(a)(1)(A)(ii)(III)’’ for ‘‘1411(a)(1)(A)(ii)(III)’’. 1989—Subsec. (a)(1). Pub. L. 101–237, § 423(b)(1)(A), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever ap- pearing. Pub. L. 101–237, § 420(a)(3)(B), substituted ‘‘Subject to paragraph (4) of this subsection, no’’ for ‘‘No’’. Subsec. (a)(3)(B), (C)(i). Pub. L. 101–237, § 423(b)(1)(A), substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. Subsec. (a)(4). Pub. L. 101–237, § 420(a)(3)(A), added par. (4). Subsec. (b). Pub. L. 101–237, § 423(b)(1)(A), substituted ‘‘Secretary’’ for ‘‘Administrator’’. Subsec. (d). Pub. L. 101–237, § 423(b)(1)(B), substituted ‘‘Department of Veterans Affairs’’ for ‘‘Veterans’ Ad- ministration’’. 1983—Subsec. (a)(1)(C). Pub. L. 98–160 substituted ‘‘Oc- tober 1, 1980’’ for ‘‘the effective date of the Veterans’ Rehabilitation and Education Amendments of 1980’’. 1982—Subsec. (a)(2)(B). Pub. L. 97–295, § 4(39)(A), sub- stituted ‘‘November 23, 1977,’’ for ‘‘the date of enact- ment of this paragraph’’. Subsec. (a)(3)(C)(i). Pub. L. 97–306, § 206(a)(1), sub- stituted ‘‘shall’’ for ‘‘may’’ after ‘‘Educational assist- ance’’, and substituted ‘‘unless the Administrator de- termines, based on an examination of the veteran’s em- ployment and training history, that the veteran is not in need of such a program or course in order to obtain a reasonably stable employment situation consistent with the veteran’s abilities and aptitudes’’ for ‘‘only if the veteran has been determined by the Administrator to be in need of such a program or course in order to achieve a suitable occupational or vocational objec- tive’’. Subsec. (a)(3)(D). Pub. L. 97–306, § 206(a)(2), sub- stituted ‘‘December 31, 1984’’ for ‘‘December 31, 1983’’. Subsec. (c). Pub. L. 97–295, § 4(39)(B), substituted ‘‘June 1, 1966’’ for ‘‘the date for which an educational assistance allowance is first payable under this chap- ter’’, ‘‘August 31, 1967,’’ for ‘‘the date of enactment of this sentence’’ after ‘‘active duty before’’, and ‘‘August 31, 1967’’ for ‘‘the date of enactment of this sentence’’ after ‘‘shall run from’’. 1981—Subsec. (a)(3). Pub. L. 97–72 added par. (3). Subsec. (c). Pub. L. 97–35 struck out provisions relat- ing to applicability to flight training. 1980—Subsec. (a)(1). Pub. L. 96–466 inserted ‘‘made within one year after (A) the last date of the delimiting period otherwise applicable under this section, (B) the termination of the period of such mental or physical disability, or (C) the effective date of the Veterans’ Re- habilitation and Education Amendments of 1980, which- ever is the latest’’ after ‘‘application’’, inserted ‘‘so’’ after ‘‘that such veteran was’’; and inserted provision relating to the running of the delimiting period when an extension of the applicable delimiting period is granted a veteran. 1977—Subsec. (a). Pub. L. 95–202 designated existing provisions as par. (1), added par. (2), and inserted ‘‘ex- cept that, in the case of any eligible veteran who was prevented from initiating or completing such veteran’s chosen program of education within such time period because of a physical or mental disability which was not the result of such veteran’s own willful misconduct, such veteran shall, upon application, be granted an ex- tension of the applicable delimiting period for such length of time as the Administrator determines, from the evidence, that such veteran was prevented from ini- tiating or completing such program of education’’ after ‘‘active duty after January 31, 1955’’ in par. (1) as so re- designated. 1976—Subsec. (a). Pub. L. 94–502, § 211(3), substituted ‘‘the veteran’s’’ for ‘‘his’’. Subsecs. (b), (d). Pub. L. 94–502, § 211(3), substituted ‘‘the veteran’s’’ for ‘‘his’’ and ‘‘the veteran’’ for ‘‘he’’, wherever appearing. Subsec. (e). Pub. L. 94–502, § 403(b), added subsec. (e). 1974—Subsec. (a). Pub. L. 93–337, § 1(1), substituted ‘‘10’’ for ‘‘eight’’. Subsec. (b). Pub. L. 93–337, § 1(2), substituted ‘‘10- year’’ for ‘‘8-year’’. Subsec. (c). Pub. L. 93–337, § 1(3), substituted ‘‘10- year’’ for ‘‘8-year’’ and ‘‘eight year,’’ respectively. Subsec. (d). Pub. L. 93–337, § 1(4), added subsec. (d). 1967—Subsec. (c). Pub. L. 90–77 inserted second sen- tence respecting commencement of the delimiting pe- riod in the case of an eligible veteran discharged from active duty and pursuing training on the job or flight training. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–183, title III, § 306(h)(1), Dec. 16, 2003, 117 Stat. 2661, provided that: ‘‘The amendments made by subsection (d) [amending this section] shall take effect on the date of the enactment of this Act [Dec. 16, 2003].’’ EFFECTIVE DATE OF 1982 AMENDMENT Pub. L. 97–306, title II, § 206(c), Oct. 14, 1982, 96 Stat. 1435, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall take effect as of January 1, 1982.’’ EFFECTIVE DATE OF 1981 AMENDMENTS Pub. L. 97–72, title II, § 201(b), Nov. 3, 1981, 95 Stat. 1054, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect on January 1, 1982.’’ Amendment by Pub. L. 97–35 effective Oct. 1, 1981, ex- cept as otherwise provided, see section 2006 of Pub. L. 97–35, set out as a note under section 3231 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(c) of Pub. L. 96–466, set out as a note under section 3452 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–202 effective retroactively to May 31, 1976, see section 501 of Pub. L. 95–202, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by section 211(3) of Pub. L. 94–502 effec- tive Oct. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title. Amendment by section 403(b) of Pub. L. 94–502 effec- tive Jan. 1, 1977, see section 406 of Pub. L. 94–502, set out as an Effective Date note under section 3201 of this title. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title. PROPOSAL OF REGULATIONS Pub. L. 97–306, title II, § 206(b), Oct. 14, 1982, 96 Stat. 1435, directed Administrator of Veterans’ Affairs to Page 758 TITLE 38—VETERANS’ BENEFITS [§ 3463 publish, not later than 30 days after Oct. 14, 1982, pro- posed regulations under subsec. (a)(3)(C)(i) of this sec- tion and to publish, not later than 90 days after Oct. 14, 1982, final regulations under subsec. (a)(3)(C)(i). EXTENSION OF TIME FOR PURSUIT OF EDUCATIONAL PROGRAMS Pub. L. 93–293, May 31, 1974, 88 Stat. 176, provided that the eight-year delimiting date for pursuit of edu- cational programs under this chapter for eligible vet- erans discharged or released from active duty between Jan. 31, 1955, and Sept. 1, 1966, with certain exceptions, was to run from July 1, 1966. [§ 3463. Vacant] Editorial Notes CODIFICATION Prior to renumbering of sections 1651 to 1693 of this chapter as sections 3451 to 3493 by Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406, section 1663 of this chapter, added Pub. L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 15; and amended Pub. L. 94–502, title II, § 211(4), Oct. 15, 1976, 90 Stat. 2388; Pub. L. 95–202, title III, § 302(a), Nov. 23, 1977, 91 Stat. 1440; Pub. L. 99–576, title III, § 312, Oct. 28, 1986, 100 Stat. 3273; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092, which related to edu- cational and vocational counseling, was repealed by Pub. L. 102–16, § 2(b)(1)(A), Mar. 22, 1991, 105 Stat. 49. SUBCHAPTER III—ENROLLMENT § 3470. Selection of program Subject to the provisions of this chapter, each eligible veteran may select a program of edu- cation to assist the veteran in attaining an edu- cational, professional, or vocational objective at any educational institution (approved in accord- ance with chapter 36 of this title) selected by the veteran, which will accept and retain the veteran as a student or trainee in any field or branch of knowledge which such institution finds the veteran qualified to undertake or pur- sue. (Added Pub. L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 15, § 1670; amended Pub. L. 94–502, title II, § 211(5), Oct. 15, 1976, 90 Stat. 2388; renumbered § 3470, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising this section were contained in Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1177, which was classified to section 1620 (first sentence) of this title, prior to repeal by section 4(a) of Pub. L. 89–358. AMENDMENTS 1991—Pub. L. 102–83 renumbered section 1670 of this title as this section. 1976—Pub. L. 94–502 substituted ‘‘the veteran’’ for ‘‘him’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an Effec- tive Date note under section 3693 of this title. § 3471. Applications; approval Any eligible veteran, or any person on active duty (after consultation with the appropriate service education officer), who desires to ini- tiate a program of education under this chapter shall submit an application to the Secretary which shall be in such form, and contain such information, as the Secretary shall prescribe. The Secretary shall approve such application unless the Secretary finds that (1) such veteran or person is not eligible for or entitled to the educational assistance for which application is made, (2) the veteran’s or person’s selected edu- cational institution or training establishment fails to meet any requirement of this chapter or chapter 36 of this title, (3) the veteran’s or per- son’s enrollment in, or pursuit of, the program of education selected would violate any provi- sion of this chapter or chapter 36 of this title, or (4) the veteran or person is already qualified, by reason of previous education or training, for the educational, professional, or vocational objec- tive for which the program of education is of- fered. The Secretary shall not treat a person as already qualified for the objective of a program of education offered by a qualified provider of entrepreneurship courses solely because such person is the owner or operator of a business. The Secretary shall notify the veteran or person of the approval or disapproval of the veteran’s or person’s application. (Added Pub. L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 15, § 1671; amended Pub. L. 92–540, title III, § 302, Oct. 24, 1972, 86 Stat. 1080; Pub. L. 94–502, title II, § 211(6), Oct. 15, 1976, 90 Stat. 2388; Pub. L. 96–466, title III, § 302, Oct. 17, 1980, 94 Stat. 2192; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3471, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 108–183, title III, § 305(b), Dec. 16, 2003, 117 Stat. 2660.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising this section were contained in Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1177, which was classified to section 1621 of this title, prior to repeal by section 4(a) of Pub. L. 89–358. AMENDMENTS 2003—Pub. L. 108–183 inserted before last sentence ‘‘The Secretary shall not treat a person as already qualified for the objective of a program of education of- fered by a qualified provider of entrepreneurship courses solely because such person is the owner or oper- ator of a business.’’ 1991—Pub. L. 102–83 renumbered section 1671 of this title as this section. 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing. 1980—Pub. L. 96–466, among other changes, sub- stituted reference to the veteran’s or person’s selected educational institution or training establishment fail- ing to meet any requirement of this chapter or chapter 36 of this title for reference to the veteran’s or person’s program of education failing to meet any of the re- quirements of this chapter, inserted provision for dis- approval of an application upon a finding that the vet- eran’s or person’s enrollment in, or pursuit of, the pro- gram of education selected would violate this chapter or chapter 36 of this title, and substituted reference to the veteran or person being already qualified, by reason of previous education or training, for the educational, professional, or vocational objective for which the pro- gram of education is offered for reference simply to the veteran or person being already qualified. 1976—Pub. L. 94–502 substituted ‘‘unless the Adminis- trator finds’’ for ‘‘unless he finds’’, ‘‘the veteran or per-