38 CFR 21.9690 - Nonduplication of educational assistance.
(a) Except for receipt of a Montgomery GI Bill-Active Duty kicker provided under 38 U.S.C. 3015(d) or a Montgomery GI Bill-Selected Reserve kicker provided under 10 U.S.C. 16131(i), an eligible individual is barred from receiving educational assistance under 38 U.S.C. chapter 33 concurrently with educational assistance provided under—
(1) 10 U.S.C. 1606 (Montgomery GI Bill—Selected Reserve);
(2) 10 U.S.C. 1607 (Reserve Educational Assistance Program);
(3) 10 U.S.C. 106a (Section 901, Educational Assistance Test Program);
(4) 38 U.S.C. 30 (Montgomery GI Bill—Active Duty);
(5) 38 U.S.C. 31 (Vocational Rehabilitation and Employment Program);
(6) 38 U.S.C. 32 (Post-Vietnam Era Veterans' Educational Assistance);
(7) 38 U.S.C. 35 (Survivors' and Dependents' Educational Assistance); or
(b) An individual who is eligible for educational assistance under more than one program listed in paragraph (a) of this section must specify in writing which benefit he or she wishes to receive. The eligible individual may choose to receive payment under another educational assistance program at any time, but may not change which benefit he or she will receive more than once during a term, quarter, or semester.
(c) Nonduplication—Federal program. Payment of educational assistance is prohibited to an otherwise eligible reservist—
(1) For a unit course or courses that are being paid for entirely or partly by the Armed Forces during any period in which he or she is on active duty service; or
(2) For a unit course or courses that are being paid for entirely or partly by the United States under the Government Employees' Training Act.
Title 38 published on 2014-07-01
no entries appear in the Federal Register after this date.