38 CFR 21.5740 - Eligibility.
prev | next
(a) Establishing eligibility. To establish eligibility to educational assistance under 10 U.S.C. Chapter 107 an individual must—
(1) Enlist or reenlist for service on active duty as a member of the Army, Navy, Air Force or Marine Corps after September 30, 1980 and before October 1, 1981 specifically for benefits under the provisions of 10 U.S.C. 2141 through 2149, Pub. L. 96-342,
(3) Meet other requirements as the Secretary of Defense may consider appropriate for the purpose of this chapter and the needs of the Armed Forces,
(1) The individual must complete 24 continuous months of active duty of the enlistment or reenlistment described in paragraph (a)(1) of this section; or
(2) If the enlistment described in paragraph (a) of this section is the individual's initial enlistment for service on active duty, the individual must—
(A) Under 10 U.S.C. 1173 (hardship discharge), or
(B) Under 10 U.S.C. 1171 (early-out discharge), or
(iii) Be found by the VA to have a service-connected disability which gives the individual basic entitlement to disability compensation as described in § 3.4(b) of this title. Once the VA makes this finding, the individual's eligibility will continue notwithstanding that the disability becomes noncompensable.
(3) In computing time served for the purpose of this paragraph, VA will exclude any period during which the individual is not entitled to credit for service as specified in § 3.15 of this title. However, those periods will not interrupt the individual's continuity of service.
[45 FR 31, Jan. 2, 1980, as amended at 54 FR 34984, Aug. 23, 1989]
Title 38 published on 2014-07-01
no entries appear in the Federal Register after this date.