38 USC § 3462 - Time limitations for completing a program of education

(a) Delimiting Period for Completion.—

(1) Subject to paragraph (4) of this subsection, no educational assistance shall be afforded an eligible veteran under this chapter beyond the date 10 years after the veteran’s last discharge or release from active duty after January 31, 1955; except 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 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) October 1, 1980, whichever is the latest, be granted an extension of the applicable delimiting period for such length of time as the Secretary determines, from the evidence, that such veteran was so prevented from initiating or completing such program of education. When an extension of the applicable delimiting period is granted a veteran under the preceding sentence, the delimiting period 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 accordance 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[(2) Repealed.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[(3) Repealed.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 subsection, 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 individual involved is discharged or released for a service-connected disability, for a medical condition which preexisted such service and which the Secretary determines is not service connected, 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 dismissal 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 modified.

(c) Savings Clause.— In the case of any eligible veteran who was discharged or released from active duty before June 1, 1966, the 10-year delimiting period shall run from such date, if it is later than the date which otherwise would be applicable. In the case of any eligible veteran who was discharged or released from active duty before 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 applicable.

(d) Prisoners of War.— In the case of any veteran

(1) who served on or after January 31, 1955,

(2) who became eligible for educational assistance 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 assistance, any period during which the veteran was so detained and any period immediately following 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 educational assistance shall be afforded any eligible veteran under this chapter or chapter 36 of this title after December 31, 1989.

Source

(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.)

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) ofPub. L. 89–358.

Amendments

2006—Subsecs. (a) to (c). Pub. L. 109–233, § 503(8)(A), revised style of headings.

Subsecs. (d), (e). Pub. L. 109–233, § 503(8)(C), inserted headings.

2003—Subsec. (a)(2). Pub. L. 108–183struck out par. (2) which related to loans under subchapter III of chapter 36 of this title.

2001—Subsec. (a)(3). Pub. L. 107–14struck 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 provided 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), substituted “3461” for “1661”.

Subsec. (a)(3)(C)(ii). Pub. L. 102–83, § 5(c)(1), substituted “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), substituted “Secretary” for “Administrator” wherever appearing.

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’ Administration”.

1983—Subsec. (a)(1)(C). Pub. L. 98–160substituted “October 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), substituted “November 23, 1977,” for “the date of enactment of this paragraph”.

Subsec. (a)(3)(C)(i). Pub. L. 97–306, § 206(a)(1), substituted “shall” for “may” after “Educational assistance”, and substituted “unless the Administrator determines, based on an examination of the veteran’s employment 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 objective”.

Subsec. (a)(3)(D). Pub. L. 97–306, § 206(a)(2), substituted “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 chapter”, “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. 97–72added par. (3).

Subsec. (c). Pub. L. 97–35struck out provisions relating to applicability to flight training.

1980—Subsec. (a)(1). Pub. L. 96–466inserted “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’ Rehabilitation and Education Amendments of 1980, whichever 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. 95–202designated existing provisions as par. (1), added par. (2), and inserted “except 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 extension of the applicable delimiting period for such length of time as the Administrator determines, from the evidence, that such veteran was prevented from initiating or completing such program of education” after “active duty after January 31, 1955” in par. (1) as so redesignated.

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. 90–77inserted second sentence respecting commencement of the delimiting period in the case of an eligible veteran discharged from active duty and pursuing training on the job or flight training.

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

Section 206(c) ofPub. L. 97–306provided that: “The amendments made by subsection (a) [amending this section] shall take effect as of January 1, 1982.”

Effective Date of 1981 Amendments

Section 201(b) ofPub. L. 97–72provided that: “The amendment made by subsection (a) [amending this section] shall take effect on January 1, 1982.”

Amendment by Pub. L. 97–35effective Oct. 1, 1981, except as otherwise provided, see section 2006 ofPub. L. 97–35, set out as a note under section 3231 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–466effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(c) ofPub. L. 96–466, set out as a note under section 3452 of this title.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–202effective retroactively to May 31, 1976, see section 501 ofPub. L. 95–202, set out as a note under section 101 of this title.

Effective Date of 1976 Amendment

Amendment by section 211(3) ofPub. L. 94–502effective Oct. 15, 1976, see section 703(b) ofPub. L. 94–502, set out as an Effective Date note under section 3693 of this title.

Amendment by section 403(b) ofPub. L. 94–502effective Jan. 1, 1977, see section 406 ofPub. 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. 90–77effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 ofPub. L. 90–77, set out as a note under section 101 of this title.

Proposal of Regulations

Section 206(b) ofPub. L. 97–306directed Administrator of Veterans’ Affairs to publish, not later than 30 days after Oct. 14, 1982, proposed regulations under subsec. (a)(3)(C)(i) of this section 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 educational programs under this chapter for eligible veterans discharged or released from active duty between Jan. 31, 1955, and Sept. 1, 1966, with certain exceptions, was to run from July 1, 1966.