38 U.S.C. § 3461 — Eligibility; entitlement; duration

Page 754 TITLE 38—VETERANS’ BENEFITS § 3461 educational institution which is not located in a State, which offers a course leading to a standard college de- gree, or the equivalent, and which is recognized as such by the secretary of education (or comparable official) of the country or other jurisdiction in which the insti- tution is located. Subsec. (g). Pub. L. 96–466, § 801(a)(2), (3), substituted ‘‘The’’ for ‘‘For the purposes of this chapter and chap- ter 36 of this title, the’’ and ‘‘Secretary of Education’’ for ‘‘Commissioner of Education’’. 1976—Subsec. (a)(1). Pub. L. 94–502, § 402(1), restricted the definition of an eligible veteran to a veteran who commenced his active duty requirement after Jan. 31, 1955 but before Jan. 1, 1977, with the exception of a vet- eran who enlisted or was assigned to a reserve compo- nent before Jan. 1, 1977 and commenced his active duty requirement within 12 months following Jan. 1, 1977. Subsec. (a)(2). Pub. L. 94–502, §§ 211(1), 402(2), sub- stituted ‘‘such individual’’ for ‘‘he’’ and inserted ‘‘or (B)’’ after ‘‘paragraph (1)(A)’’. Subsec. (d)(3). Pub. L. 94–502, § 211(1), substituted ‘‘spouse’’ for ‘‘wife’’. Subsec. (e). Pub. L. 94–502, § 210(1), struck out ‘‘United States Code,’’ after ‘‘chapter 4C of title 29,’’. Subsecs. (f), (g). Pub. L. 94–502, § 202, added subsecs. (f) and (g). 1974—Subsec. (a)(3). Pub. L. 93–508 substituted ‘‘Coast Guard Reserve unless at some time subsequent to the completion of such period of active duty for training such individual served on active duty for a consecutive period of one year or more (not including any service as a cadet or midshipman at one of the service acad- emies)’’ for ‘‘Coast Guard Reserve’’. 1970—Subsec. (a)(2). Pub. L. 91–584, § 10(1), substituted ‘‘more than one hundred eighty days’’ for ‘‘at least two years’’. Subsec. (b). Pub. L. 91–584, § 10(2), expanded the defini- tion of ‘‘program of education’’ to include unit course or subject, or combination of courses or subjects, pur- sued by eligible veterans at an educational institution, required by the Administrator of the Small Business Administration as a condition to obtaining financial assistance under section 2902(a) of title 42. Pub. L. 91–219, § 201(a), provided that a program of education may include more than one predetermined and identified educational, professional, or vocational objective if all the objectives pursued are generally rec- ognized as being reasonably related to single career field. Subsec. (c). Pub. L. 91–219, § 201(b), included within the term ‘‘educational institution’’ any public or pri- vate ‘‘elementary’’ school, and substituted ‘‘other in- stitution furnishing education for adults’’, for ‘‘any other institution if it furnishes education at the sec- ondary school level or above’’. 1967—Subsec. (e). Pub. L. 90–77 added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–48 applicable to a test taken on or after Aug. 1, 2018, see section 108(d) of Pub. L. 115–48, set out as a note under section 3315 of this title. EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–183, title III, § 301(b), Dec. 16, 2003, 117 Stat. 2658, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on the date that is six months after the date of the en- actment of this Act [Dec. 16, 2003] and shall apply to self-employment on-job training approved and pursued on or after that date.’’ Pub. L. 108–183, title III, § 305(f), Dec. 16, 2003, 117 Stat. 2661, provided that: ‘‘The amendments made by this section [amending this section and sections 3471 and 3675 of this title] shall apply to courses approved by State approving agencies after the date of the enact- ment of this Act [Dec. 16, 2003].’’ EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–103, title I, § 110(b), Dec. 27, 2001, 115 Stat. 986, provided that: ‘‘The amendments made by sub- section (a) [amending this section and section 3501 of this title] shall apply to enrollments in courses begin- ning on or after the date of the enactment of this Act [Dec. 27, 2001].’’ 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 OF 1980 AMENDMENT Pub. L. 96–466, title VIII, § 802(c), Oct. 17, 1980, 94 Stat. 2218, provided that: ‘‘(1) Except as provided in paragraph (2), the amend- ments made by title III [see Tables for classification] shall become effective on October 1, 1980. ‘‘(2) Paragraph (2) of section 1691(a) [probably means 1691(b), now 3491(b)] of title 38, United States Code, as added by section 311(2), shall not apply to any person receiving educational assistance under chapter 34 of title 38, United States Code, on October 1, 1980, for the pursuit of a program of education, as defined in section 1652(b) [now 3452(b)] of such title, in which such person is enrolled on that date, for as long as such person con- tinuously thereafter is so enrolled and meets the re- quirements of eligibility for such assistance for pursuit of such program.’’ Pub. L. 96–466, title VIII, § 802(h), Oct. 17, 1980, 94 Stat. 2219, provided that: ‘‘Section 801 [see Tables for classi- fication] shall become effective on October 1, 1980.’’ EFFECTIVE DATE OF 1976 AMENDMENT Amendment by sections 202, 210(1), and 211(1) of Pub. L. 94–502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an Effective Date note under sec- tion 3693 of this title. Amendment by section 402 of Pub. L. 94–502 effective 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 1974 AMENDMENT Section 503 of Pub. L. 93–508 provided that: ‘‘Titles II and IV of this Act [see Tables for classification] shall become effective on the date of their enactment [Dec. 3, 1974].’’ 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. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. SUBCHAPTER II—ELIGIBILITY AND ENTITLEMENT § 3461. Eligibility; entitlement; duration (a) ENTITLEMENT.—Except as provided in sub- section (c) and in the second sentence of this subsection, each eligible veteran shall be enti- tled to educational assistance under this chap- ter or chapter 36 for a period of one and one-half Page 755 TITLE 38—VETERANS’ BENEFITS § 3461 months (or the equivalent thereof in part-time educational assistance) for each month or frac- tion thereof of the veteran’s service on active duty after January 31, 1955. If an eligible veteran has served a period of 18 months or more on ac- tive duty after January 31, 1955, and has been re- leased from such service under conditions that would satisfy the veteran’s active duty obliga- tion, the veteran shall be entitled to educational assistance under this chapter for a period of 45 months (or the equivalent thereof in part-time educational assistance). In the case of any per- son serving on active duty on December 31, 1976, or a person whose eligibility is based on section 3452(a)(1)(B) of this chapter, the ending date for computing such person’s entitlement shall be the date of such person’s first discharge or re- lease from active duty after December 31, 1976. (b) ENTITLEMENT LIMITATIONS.—Whenever the period of entitlement under this section of an el- igible veteran who is enrolled in an educational institution regularly operated on the quarter or semester system ends during a quarter or semes- ter, such period shall be extended to the termi- nation of such unexpired quarter or semester. In educational institutions not operated on the quarter or semester system, whenever the period of eligibility ends after a major portion of the course is completed such period shall be ex- tended to the end of the course or for twelve weeks, whichever is the lesser period. (c) DURATION OF ENTITLEMENT.—Except as pro- vided in subsection (b) and in subchapter V of this chapter, no eligible veteran shall receive educational assistance under this chapter in ex- cess of 45 months. (Added Pub. L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 13, § 1661; amended Pub. L. 90–77, title III, § 306(b)(2), Aug. 31, 1967, 81 Stat. 188; Pub. L. 90–631, § 1(b), Oct. 23, 1968, 82 Stat. 1331; Pub. L. 91–219, title II, § 204(a)(1), Mar. 26, 1970, 84 Stat. 79; Pub. L. 92–540, title IV, § 401(1), Oct. 24, 1972, 86 Stat. 1089; Pub. L. 93–508, title II, § 202, Dec. 3, 1974, 88 Stat. 1581; Pub. L. 94–502, title II, §§ 203, 211(2), title IV, § 403(a), Oct. 15, 1976, 90 Stat. 2386, 2388, 2393; Pub. L. 96–466, title VI, § 601(b), Oct. 17, 1980, 94 Stat. 2208; renumbered § 3461 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 109–233, title V, § 503(8)(A), (B), June 15, 2006, 120 Stat. 416.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising subsecs. (a) to (c) of this section were contained in Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1176, which was classified to former sections 1610 and 1611(a), 1611(a)(2), (3), and 1611(b) of this title, respectively, prior to repeal by sec- tion 4(a) of Pub. L. 89–358. AMENDMENTS 2006—Subsecs. (a), (b). Pub. L. 109–233, § 503(8)(A), re- vised style of headings. Subsec. (c). Pub. L. 109–233, § 503(8)(B), inserted head- ing. 1991—Pub. L. 102–83, § 5(a), renumbered section 1661 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3452(a)(1)(B)’’ for ‘‘1652(a)(1)(B)’’. 1980—Subsec. (c). Pub. L. 96–466 substituted ‘‘sub- chapter V of this chapter’’ for ‘‘subchapters V and VI of this chapter’’. 1976—Subsec. (a). Pub. L. 94–502, §§ 203(1), 211(2), 403(a), substituted ‘‘45 months’’ for ‘‘36 months’’, ‘‘the vet- eran’s’’ for ‘‘his’’ in two places, and ‘‘the veteran’’ for ‘‘he’’, inserted provision establishing the final date of entitlement for person serving on active duty on Dec. 31, 1976 or whose eligibility is based on section 1652(a)(1)(B) of this title as the date of discharge or re- lease from active duty after Dec. 31, 1976, and struck out provision which authorized an additional number of months not exceeding nine to be used for a program leading to a standard undergraduate degree. Subsec. (c). Pub. L. 94–502, § 203(2), substituted ‘‘sub- section (b)’’ for ‘‘subsections (a) and (b)’’ and ‘‘45 months’’ for ‘‘thirty-six months’’. 1974—Subsec. (a). Pub. L. 93–508, § 202(1), inserted ‘‘plus an additional number of months, not exceeding nine, as may be utilized in pursuit of a program of edu- cation leading to a standard undergraduate college de- gree’’. Subsec. (c). Pub. L. 93–508, § 202(2), inserted reference to subsec. (a). 1972—Subsec. (a). Pub. L. 92–540 inserted reference to chapter 36. 1970—Subsec. (c). Pub. L. 91–219 substituted ‘‘sub- chapters V and VI of this chapter’’ for ‘‘section 1678 of this title’’. 1968—Subsec. (a). Pub. L. 90–631, § 1(b)(1), substituted references to subsec. (c) and the second sentence of this subsec. for reference to subsec. (b), increased from one month to one and one-half months the amount of edu- cational assistance each eligible veteran shall receive for each month or fraction thereof of active duty serv- ice after Jan. 31, 1955, and inserted provisions that an eligible veteran who has served 18 months or more on active duty after Jan. 31, 1955, and has been released under conditions that would satisfy his active duty ob- ligation, shall be entitled to educational assistance under this chapter for a period of 36 months. Subsec. (b). Pub. L. 90–631, § 1(b)(2), (3), redesignated subsec. (c) as (b). Former subsec. (b), which set forth entitlement limitations on the amount of educational assistance an eligible veteran, shall receive under this chapter, was struck out. Subsec. (c). Pub. L. 90–631, § 1(b), (3), (4), added subsec. (c). Former subsec. (c) redesignated (b). Subsec. (d). Pub. L. 90–631, § 1(b)(2), struck out subsec. (d) which required an eligible veteran to elect either educational assistance or vocational rehabilitation when such veteran is entitled to both, or becomes enti- tled to vocational rehabilitation after receiving edu- cational assistance. 1967—Subsec. (b). Pub. L. 90–77 inserted ‘‘and in sec- tion 1678 of this chapter’’ after ‘‘subsection (c)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(f) of Pub. L. 96–466, set out as an Effective Date note under section 5314 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by sections 203 and 211(2) of Pub. L. 94–502 effective Oct. 1, 1976, and Oct. 15, 1976, respec- tively, see section 703(a), (b) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title. Amendment by section 403(a) of Pub. L. 94–502 effec- tive Jan. 1, 1977, see section 406 of Pub. L. 94–502, set out as a note under section 3201 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–508 effective Dec. 3, 1974, see section 503 of Pub. L. 93–508, set out as a note under section 3452 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–631 effective first day of second calendar month which begins after Oct. 23, 1968, 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.