38 USC § 3321 - Time limitation for use of and eligibility for entitlement | Title 38 - Veterans Benefits | U.S. Code

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Current through Pub. L. 113-9. (See Public Laws for the current Congress.)

(a) In General.— Except as provided in 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 15-year period beginning on the date of such individual’s last discharge or release from active duty.

(b) Exceptions.—

(1) Applicability of section 3031 to running of period.— Subsections (b), (c), and (d) ofsection 3031 shall apply with respect to the running of the 15-year period described in subsection (a) of this section in the same manner as such subsections apply under section 3031 with respect to the running of the 10-year period described in section 3031 (a).

(2) Applicability of section 3031 to termination.— Section 3031 (f) shall apply with respect to the termination of an individual’s entitlement to educational assistance under this chapter in the same manner as such section applies to the termination of an individual’s entitlement to educational assistance under chapter 30, except that, in the administration of such section for purposes of this chapter, the reference to section 3013 shall be deemed to be a reference to section 3312 of this title.

(3) Determination of last discharge or release.— For purposes of subsection (a), an individual’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 individual is discharged or released as described in section 3311 (b)(2).

(4) Applicability to children of deceased members.— The period during which an individual entitled to educational assistance by reason of section 3311 (b)(9) may use such individual’s entitlement expires at the end of the 15-year period beginning on the date of such individual’s eighteenth birthday.

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(a) In General.— Except as provided in 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 15-year period beginning on the date of such individual’s last discharge or release from active duty.

(b) Exceptions.—

(1) Applicability of section 3031 to running of period.— Subsections (b), (c), and (d) ofsection 3031 shall apply with respect to the running of the 15-year period described in subsection (a) of this section in the same manner as such subsections apply under section 3031 with respect to the running of the 10-year period described in section 3031 (a).

(2) Applicability of section 3031 to termination.— Section 3031 (f) shall apply with respect to the termination of an individual’s entitlement to educational assistance under this chapter in the same manner as such section applies to the termination of an individual’s entitlement to educational assistance under chapter 30, except that, in the administration of such section for purposes of this chapter, the reference to section 3013 shall be deemed to be a reference to section 3312 of this title.

(3) Determination of last discharge or release.— For purposes of subsection (a), an individual’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 individual is discharged or released as described in section 3311 (b)(2).

(4) Applicability to children of deceased members.— The period during which an individual entitled to educational assistance by reason of section 3311 (b)(9) may use such individual’s entitlement expires at the end of the 15-year period beginning on the date of such individual’s eighteenth birthday.

Source

(Added Pub. L. 110–252, title V, § 5003(a)(1),June 30, 2008, 122 Stat. 2373; amended Pub. L. 111–32, title X, § 1002(c),June 24, 2009, 123 Stat. 1889; Pub. L. 111–275, title X, § 1001(g)(8),Oct. 13, 2010, 124 Stat. 2896.)

Amendments

2010—Subsec. (b)(2). Pub. L. 111–275substituted “section 3312 of this title” for “3312”.

2009—Subsec. (b)(4). Pub. L. 111–32added par. (4).

Effective Date of 2009 Amendment

Amendment by Pub. L. 111–32effective Aug. 1, 2009, see section 1002(d)(1) ofPub. L. 111–32, set out as a note under section 3311 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Monday, June 17, 2013

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38 USC	Description of Change	Session Year	Public Law	Statutes at Large

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38 CFR - Title 38—Pensions, Bonuses, and Veterans' Relief

38 CFR Part 21 - VOCATIONAL REHABILITATION AND EDUCATION

38 USC § 3321 - Time limitation for use of and eligibility for entitlement

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