
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 102(a)(1)]
[Document affected by Public Law 106-419 Section 103(a)]
[Document affected by Public Law 106-419 Section 105(a)(1)]
[Document affected by Public Law 107-103 Section 105(a)]
[Document affected by Public Law 107-103 Section 106(a)]
[Document affected by Public Law 107-14 Section 7(a)(1)]
[Document affected by Public Law 107-14 Section 7(c)(1)]
[Document affected by Public Law 106-419 Section 105(c)]
[Document affected by Public Law 106-419 Section 105(d)]
[Document affected by Public Law 107-103 Section 106(b)]
[Document affected by Public Law 107-14 Section 7(a)(2)]
[Document affected by Public Law 107-14 Section 7(c)(4)]
[Document affected by Public Law 107-107 Section 654(a)(2)]
[CITE: 38USC3011]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
     CHAPTER 30--ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM
 
               SUBCHAPTER II--BASIC EDUCATIONAL ASSISTANCE
 
Sec. 3011. Basic educational assistance entitlement for service 
        on active duty
        
    (a) Except as provided in subsection (c) of this section, each 
individual--
        (1) who--
            (A) after June 30, 1985, first becomes a member of the Armed 
        Forces or first enters on active duty as a member of the Armed 
        Forces and--
                (i) who (I) serves, as the individual's initial 
            obligated period of active duty, at least three years of 
            continuous active duty in the Armed Forces, or (II) in the 
            case of an individual whose initial period of active duty is 
            less than three years, serves at least two years of 
            continuous active duty in the Armed Forces; or
                (ii) who serves in the Armed Forces and is discharged or 
            released from active duty (I) for a service-connected 
            disability, for a medical condition which preexisted such 
            service on active duty and which the Secretary determines is 
            not service connected, for hardship, or for a physical or 
            mental condition that was not characterized as a disability 
            and did not result from the individual's own willful 
            misconduct but did interfere with the individual's 
            performance of duty, as determined by the Secretary of each 
            military department in accordance with regulations 
            prescribed by the Secretary of Defense or by the Secretary 
            of Transportation with respect to the Coast Guard when it is 
            not operating as a service in the Navy; (II) for the 
            convenience of the Government, in the case of an individual 
            who completed not less than 20 months of continuous active 
            duty, if the initial obligated period of active duty of the 
            individual was less than three years, or in the case of an 
            individual who completed not less than 30 months of 
            continuous active duty if the initial obligated period of 
            active duty of the individual was at least three years; or 
            (III) involuntarily for the convenience of the Government as 
            a result of a reduction in force, as determined by the 
            Secretary of the military department concerned in accordance 
            with regulations prescribed by the Secretary of Defense or 
            by the Secretary of Transportation with respect to the Coast 
            Guard when it is not operating as a service in the Navy; or

            (B) as of December 31, 1989, is eligible for educational 
        assistance benefits under chapter 34 of this title and was on 
        active duty at any time during the period beginning on October 
        19, 1984, and ending on July 1, 1985, continued on active duty 
        without a break in service and--
                (i) after June 30, 1985, serves at least three years of 
            continuous active duty in the Armed Forces; or
                (ii) after June 30, 1985, is discharged or released from 
            active duty (I) for a service-connected disability, for a 
            medical condition which preexisted such service on active 
            duty and which the Secretary determines is not service 
            connected, for hardship, or for a physical or mental 
            condition that was not characterized as a disability, as 
            described in subparagraph (A)(ii)(I) of this paragraph; (II) 
            for the convenience of the Government, if the individual 
            completed not less than 30 months of continuous active duty 
            after that date; or (III) involuntarily for the convenience 
            of the Government as a result of a reduction in force, as 
            determined by the Secretary of the military department 
            concerned in accordance with regulations prescribed by the 
            Secretary of Defense or by the Secretary of Transportation 
            with respect to the Coast Guard when it is not operating as 
            a service in the Navy;

        (2) who, except as provided in subsection (e) of this section, 
    completed the requirements of a secondary school diploma (or 
    equivalency certificate) not later than--
            (A) the original ending date of the individual's initial 
        obligated period of active duty in the case of an individual 
        described in clause (1)(A) of this subsection, regardless of 
        whether the individual is discharged or released from active 
        duty on such date; or
            (B) December 31, 1989, in the case of an individual 
        described in clause (1)(B) of this subsection;

    except that (i) an individual described in clause (1)(B) of this 
    subsection may meet the requirement of this clause by having 
    successfully completed (or otherwise received academic credit for) 
    the equivalent of 12 semester hours in a program of education 
    leading to a standard college degree, and (ii) an individual 
    described in clause (1)(A) of this subsection may meet such 
    requirement by having successfully completed (or otherwise received 
    academic credit for) the equivalent of such 12 semester hours before 
    the end of the individual's initial obligated period of active duty; 
    and
        (3) who, after completion of the service described in clause (1) 
    of this subsection--
            (A) continues on active duty;
            (B) is discharged from active duty with an honorable 
        discharge;
            (C) is released after service on active duty characterized 
        by the Secretary concerned as honorable service and is placed on 
        the retired list, is transferred to the Fleet Reserve or Fleet 
        Marine Corps Reserve, or is placed on the temporary disability 
        retired list; or
            (D) is released from active duty for further service in a 
        reserve component of the Armed Forces after service on active 
        duty characterized by the Secretary concerned as honorable 
        service;

is entitled to basic educational assistance under this chapter.
    (b) The basic pay of any individual described in subsection 
(a)(1)(A) of this section who does not make an election under subsection 
(c)(1) of this section shall be reduced by $100 for each of the first 12 
months that such individual is entitled to such pay. Any amount by which 
the basic pay of an individual is reduced under this chapter shall 
revert to the Treasury and shall not, for purposes of any Federal law, 
be considered to have been received by or to be within the control of 
such individual.
    (c)(1) An individual described in subsection (a)(1)(A) of this 
section may make an election not to receive educational assistance under 
this chapter. Any such election shall be made at the time the individual 
initially enters on active duty as a member of the Armed Forces. Any 
individual who makes such an election is not entitled to educational 
assistance under this chapter.
    (2) An individual who after December 31, 1976, receives a commission 
as an officer in the Armed Forces upon graduation from the United States 
Military Academy, the United States Naval Academy, the United States Air 
Force Academy, or the Coast Guard Academy is not eligible for 
educational assistance under this section.
    (3) An individual who after December 31, 1976, receives a commission 
as an officer in the Armed Forces upon completion of a program of 
educational assistance under section 2107 of title 10 is not eligible 
for educational assistance under this section if the individual enters 
on active duty--
        (A) before October 1, 1996; or
        (B) after September 30, 1996, and while participating in such 
    program received more than $2,000 for each year of such 
    participation.

    (d)(1) For purposes of this chapter, any period of service described 
in paragraphs (2) and (3) of this subsection shall not be considered a 
part of an individual's initial obligated period of active duty.
    (2) The period of service referred to in paragraph (1) is any period 
terminated because of a defective enlistment and induction based on--
        (A) the individual's being a minor for purposes of service in 
    the Armed Forces;
        (B) an erroneous enlistment or induction; or
        (C) a defective enlistment agreement.

    (3) The period of service referred to in paragraph (1) is also any 
period of service on active duty which an individual in the Selected 
Reserve was ordered to perform under section 12301, 12302, 12304, 12306, 
or 12307 of title 10 for a period of less than 2 years.
    (e) For the purposes of subsection (a)(2) of this section, an 
individual who was on active duty on August 2, 1990, and who completes 
the requirements of a secondary school diploma (or equivalency 
certificate) before October 28, 1994, shall be considered to have 
completed such requirements within the individual's initial obligated 
period of active duty.
    (f)(1) For the purposes of this chapter, a member referred to in 
paragraph (2) or (3) of this subsection who serves the periods of active 
duty referred to in that paragraph shall be deemed to have served a 
continuous period of active duty the length of which is the aggregate 
length of the periods of active duty referred to in that paragraph.
    (2) This subsection applies to a member who--
        (A) after a period of continuous active duty of not more than 12 
    months, is discharged or released from active duty under subclause 
    (I) or (III) of subsection (a)(1)(A)(ii) of this section; and
        (B) after such discharge or release, reenlists or re-enters on a 
    period of active duty.

    (3) This subsection applies to a member who after a period of 
continuous active duty as an enlisted member or warrant officer, and 
following successful completion of officer training school, is 
discharged in order to accept, without a break in service, a commission 
as an officer in the Armed Forces for a period of active duty.
    (g) Notwithstanding section 3002(6)(A) of this title, a period 
during which an individual is assigned full time by the Armed Forces to 
a civilian institution for a course of education as described in such 
section 3002(6)(A) shall not be considered a break in service or a break 
in a continuous period of active duty of the individual for the purposes 
of this chapter.
    (h)(1) Notwithstanding section 3002(6)(B) of this title, a member 
referred to in paragraph (2) of this subsection who serves the periods 
of active duty referred to in subparagraphs (A) and (C) of that 
paragraph shall be deemed to have served a continuous period of active 
duty whose length is the aggregate length of the periods of active duty 
referred to in such subparagraphs.
    (2) This subsection applies to a member who--
        (A) during an initial period of active duty, commences pursuit 
    of a course of education--
            (i) at a service academy; or
            (ii) at a post-secondary school for the purpose of 
        preparation for enrollment at a service academy;

        (B) fails to complete the course of education; and
        (C) re-enters on a period of active duty.

    (i) The Secretary concerned shall inform any member of the Armed 
Forces who has not completed that member's initial obligated period of 
active duty (as described in subsection (a)(1)(A)) and who indicates the 
intent to be discharged or released from such duty for the convenience 
of the Government of the minimum active duty requirements for 
entitlement to educational assistance benefits under this chapter. Such 
information shall be provided to the member in a timely manner.

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 
Stat. 2554, Sec. 1411; amended Pub. L. 99-145, title VI, Sec. 674(1), 
Nov. 8, 1985, 99 Stat. 665; Pub. L. 99-576, title III, Secs. 303(a)(1), 
307(a)(1), 321(1), title VII, Sec. 702(8), Oct. 28, 1986, 100 Stat. 
3268, 3269, 3277, 3302; Pub. L. 100-48, Sec. 3(a), June 1, 1987, 101 
Stat. 331; Pub. L. 100-689, title I, Secs. 102(a), 103(b)(1), 104(a), 
111(a)(2)(A), (3), Nov. 18, 1988, 102 Stat. 4162, 4165, 4166, 4170, 
4171; Pub. L. 101-237, title IV, Secs. 409, 423(b)(1)(A), Dec. 18, 1989, 
103 Stat. 2084, 2092; Pub. L. 101-510, div. A, title V, Sec. 562(a)(1), 
(2), (b), Nov. 5, 1990, 104 Stat. 1573, 1574; Pub. L. 102-16, 
Sec. 10(a)(1), Mar. 22, 1991, 105 Stat. 55; renumbered Sec. 3011, Pub. 
L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-568, 
title III, Secs. 302(a)(1), 303(a)(1), 304(a), 305(a), 306(a), Oct. 29, 
1992, 106 Stat. 4326-4328; Pub. L. 103-446, title XII, Sec. 1201(e)(10), 
(f)(2), Nov. 2, 1994, 108 Stat. 4685, 4687; Pub. L. 104-106, div. A, 
title XV, Sec. 1501(e)(2)(A), Feb. 10, 1996, 110 Stat. 501; Pub. L. 104-
201, div. A, title V, Sec. 556(a), Sept. 23, 1996, 110 Stat. 2528; Pub. 
L. 105-368, title II, Secs. 203(a), 207(a), Nov. 11, 1998, 112 Stat. 
3326, 3328; Pub. L. 106-117, title VII, Secs. 702(a), 704, Nov. 30, 
1999, 113 Stat. 1583, 1584.)


                            Prior Provisions

    Prior section 3011 was renumbered section 5111 of this title.
    Another prior section 3011, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 
1227; Pub. L. 86-490, June 8, 1960, 74 Stat. 161, related to the 
effective date of an award of increased compensation, dependency and 
indemnity compensation, or pension, prior to repeal by Pub. L. 87-825, 
Sec. 5(a), Oct. 15, 1962, 76 Stat. 950.


                               Amendments

    1999--Subsec. (f)(1). Pub. L. 106-117, Sec. 702(a)(1), substituted 
``paragraph (2) or (3)'' for ``paragraph (2)''.
    Subsec. (f)(3). Pub. L. 106-117, Sec. 702(a)(2), added par. (3).
    Subsec. (i). Pub. L. 106-117, Sec. 704, struck out ``Federal'' 
before ``Government''.
    1998--Subsec. (a)(2). Pub. L. 105-368, Sec. 203(a), substituted 
``successfully completed (or otherwise received academic credit for)'' 
for ``successfully completed'' in two places in concluding provisions.
    Subsec. (i). Pub. L. 105-368, Sec. 207(a), added subsec. (i).
    1996--Subsec. (c)(2). Pub. L. 104-201, Sec. 556(a)(1), struck out 
``or upon completion of a program of educational assistance under 
section 2107 of title 10'' after ``Coast Guard Academy''.
    Subsec. (c)(3). Pub. L. 104-201, Sec. 556(a)(2), added par. (3).
    Subsec. (d)(3). Pub. L. 104-106 substituted ``section 12301, 12302, 
12304, 12306, or 12307 of title 10'' for ``section 672, 673, 673b, 674, 
or 675 of title 10''.
    1994--Subsec. (e). Pub. L. 103-446, Sec. 1201(f)(2), substituted 
``October 28, 1994,'' for ``the end of the 24-month period beginning on 
the date of the enactment of this subsection''.
    Subsec. (f)(1). Pub. L. 103-446, Sec. 1201(e)(10), substituted ``the 
length of which'' for ``whose length''.
    1992--Subsec. (a)(1)(B). Pub. L. 102-568, Sec. 302(a)(1), 
substituted ``at any time during the period beginning on October 19, 
1984, and ending on July 1, 1985, continued on active duty without a 
break in service'' for ``on October 19, 1984, and without a break in 
service since October 19, 1984,''.
    Subsec. (a)(2). Pub. L. 102-568, Sec. 303(a)(1)(A), inserted ``, 
except as provided in subsection (e) of this section,'' after ``who''.
    Subsec. (e). Pub. L. 102-568, Sec. 303(a)(1)(B), added subsec. (e).
    Subsec. (f). Pub. L. 102-568, Sec. 304(a), added subsec. (f).
    Subsec. (g). Pub. L. 102-568, Sec. 305(a), added subsec. (g).
    Subsec. (h). Pub. L. 102-568, Sec. 306(a), added subsec. (h).
    1991--Pub. L. 102-83 renumbered section 1411 of this title as this 
section.
    Subsec. (a)(3). Pub. L. 102-16 added cls. (A) to (C), redesignated 
former cl. (C) as (D), and struck out former cls. (A) and (B) which read 
as follows:
    ``(A) is discharged from service with an honorable discharge, is 
placed on the retired list, is transferred to the Fleet Reserve or Fleet 
Marine Corps Reserve, or is placed on the temporary disability retired 
list;
    ``(B) continues on active duty; or''.
    1990--Subsec. (a)(1)(A)(ii)(I). Pub. L. 101-510, Sec. 562(a)(1), 
substituted ``for'' for ``or for'' and inserted ``, or for a physical or 
mental condition that was not characterized as a disability and did not 
result from the individual's own willful misconduct but did interfere 
with the individual's performance of duty, as determined by the 
Secretary of each military department in accordance with regulations 
prescribed by the Secretary of Defense or by the Secretary of 
Transportation with respect to the Coast Guard when it is not operating 
as a service in the Navy'' after ``hardship''.
    Subsec. (a)(1)(B)(ii)(I). Pub. L. 101-510, Sec. 562(a)(2), 
substituted ``for'' for ``or for'' and inserted ``, or for a physical or 
mental condition that was not characterized as a disability, as 
described in subparagraph (A)(ii)(I) of this paragraph'' after 
``hardship''.
    Subsec. (d)(1). Pub. L. 101-510, Sec. 562(b)(1), substituted 
``paragraphs (2) and (3)'' for ``paragraph (2)''.
    Subsec. (d)(3). Pub. L. 101-510, Sec. 562(b)(2), added par. (3).
    1989--Subsec. (a)(1)(A)(ii), (B)(ii). Pub. L. 101-237, 
Sec. 423(b)(1)(A), substituted ``Secretary'' for ``Administrator''.
    Subsec. (a)(2). Pub. L. 101-237, Sec. 409, in concluding provisions, 
inserted cl. (i) designation and added cl. (ii).
    1988--Subsec. (a)(1)(A)(i)(I). Pub. L. 100-689, Sec. 111(a)(2)(A), 
inserted ``, as the individual's initial obligated period of active 
duty,'' after ``serves''.
    Subsec. (a)(1)(A)(ii). Pub. L. 100-689, Sec. 102(a), inserted in 
subcl. (I) ``, for a medical condition which preexisted such service on 
active duty and which the Administrator determines is not service 
connected,'', substituted a semicolon for ``, or'' before subcl. (II), 
and added subcl. (III).
    Subsec. (a)(1)(B)(ii). Pub. L. 100-689, Sec. 102(a), inserted in 
subcl. (I) ``, for a medical condition which preexisted such service on 
active duty and which the Administrator determines is not service 
connected,'', substituted a semicolon for ``, or'' before subcl. (II), 
and added subcl. (III).
    Subsec. (a)(2). Pub. L. 100-689, Sec. 104(a), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``who, before 
completion of the service described in clause (1) of this subsection, 
has received a secondary school diploma (or an equivalency certificate); 
and''.
    Subsec. (b). Pub. L. 100-689, Sec. 103(b)(1), substituted ``reduced 
under this chapter'' for ``reduced under this subsection''.
    Subsec. (d). Pub. L. 100-689, Sec. 111(a)(3), added subsec. (d).
    1987--Subsec. (a)(1)(A). Pub. L. 100-48 substituted ``after June 30, 
1985'' for ``during the period beginning on July 1, 1985, and ending on 
June 30, 1988''.
    1986--Subsec. (a). Pub. L. 99-576, Sec. 702(8), inserted a comma 
after ``of this section''.
    Subsec. (a)(1)(A)(ii)(II). Pub. L. 99-576, Sec. 321(1)(A), inserted 
``continuous'' after ``months of'' in two places.
    Subsec. (a)(1)(B). Pub. L. 99-576, Sec. 307(a)(1), inserted ``and 
was on active duty on October 19, 1984, and without a break in service 
since October 19, 1984,''.
    Subsec. (a)(1)(B)(ii)(II). Pub. L. 99-576, Sec. 321(1)(B), inserted 
``continuous'' after ``months of''.
    Subsec. (b). Pub. L. 99-576, Sec. 303(a)(1), substituted ``Any 
amount by which the basic pay of an individual is reduced under this 
subsection shall revert to the Treasury and shall not, for purposes of 
any Federal law, be considered to have been received by or to be within 
the control of such individual'' for ``Amounts withheld from basic pay 
under this subsection shall revert to the Treasury''.
    1985--Subsec. (a)(1)(B). Pub. L. 99-145 struck out ``and without a 
break in service on active duty since December 31, 1976,'' after 
``chapter 34 of this title''.


                    Effective Date of 1999 Amendment

    Pub. L. 106-117, title VII, Sec. 702(c), Nov. 30, 1999, 113 Stat. 
1583, provided that: ``The amendments made by subsection (a) [amending 
this section] shall take effect on the date of the enactment of this Act 
[Nov. 30, 1999] and apply with respect to an individual first appointed 
as a commissioned officer on or after July 1, 1985.''


                    Effective Date of 1998 Amendment

    Pub. L. 105-368, title II, Sec. 203(b), Nov. 11, 1998, 112 Stat. 
3326, provided that: ``The amendments made by subsection (a) [amending 
this section and sections 3012 and 3018 to 3018C of this title] shall 
take effect on October 1, 1998.''
    Pub. L. 105-368, title II, Sec. 207(d)(1), Nov. 11, 1998, 112 Stat. 
3328, provided that: ``The amendments made by subsections (a) and (b) 
[amending this section and section 3012 of this title] shall take effect 
120 days after the date of the enactment of this Act [Nov. 11, 1998].''


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective as if included in the Reserve 
Officer Personnel Management Act, title XVI of Pub. L. 103-337, as 
enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104-106, set 
out as a note under section 113 of Title 10, Armed Forces.


                    Effective Date of 1992 Amendment

    Section 302(b) of Pub. L. 102-568 provided that: ``The amendments 
made by this section [amending this section and sections 3012 and 3031 
of this title] shall take effect as of October 28, 1986.''
    Section 304(b) of Pub. L. 102-568 provided that: ``The amendments 
made by subsection (a) [amending this section] shall take effect as if 
enacted on June 30, 1985, and apply to the payment of educational 
assistance for education or training pursued on or after October 1, 
1993.''
    Section 305(b) of Pub. L. 102-568 provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect as if 
enacted on October 19, 1984.''
    Section 306(b) of Pub. L. 102-568 provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect as if 
enacted on June 30, 1985, and apply to the payment of educational 
assistance for education or training pursued on or after October 1, 
1993.''


                    Effective Date of 1990 Amendment

    Section 562(c) of Pub. L. 101-510 provided that: ``The amendments 
made by this section [amending this section and sections 1412 and 3103A 
[now 3012 and 5303A] of this title] shall take effect as of October 19, 
1984.''


                    Effective Date of 1988 Amendment

    Section 102(c) of Pub. L. 100-689 provided that: ``The amendments 
made by this section [amending this section and sections 1412, 1413, and 
3103A [now 3012, 3013, and 5303A] of this title] shall take effect--
        ``(1) as of July 1, 1985, with respect to individuals discharged 
    or released for a medical condition which preexisted service on 
    active duty or in the Selected Reserve and which the Administrator 
    determines is not service connected; and
        ``(2) as of October 1, 1987, with respect to individuals 
    involuntarily discharged or released for the convenience of the 
    Government as a result of a reduction in force.''


                    Effective Date of 1986 Amendment

    Section 303(b) of Pub. L. 99-576 provided that: ``The amendments 
made by subsection (a) [amending this section and section 1412 [now 
3012] of this title] shall apply to any reduction in basic pay made 
under section 1411(b) [now 3011(b)] or 1412(c) [now 3012(c)] of title 
38, United States Code, after December 31, 1985.''


                        Notification Requirement

    Section 303(b) of Pub. L. 102-568 directed Secretary of each 
military department, not later than 60 days after Oct. 29, 1992, to 
notify each individual who was on active duty in the Armed Forces on 
Aug. 2, 1990, and who had not met the requirements of a secondary school 
diploma (or equivalency certificate), of the extension of the period for 
the completion of such requirements afforded by the amendments made by 
this section to this section and section 3012 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3012, 3013, 3015, 3016, 
3017, 3018, 3018A, 3018B, 3018C, 3021, 3031, 3034, 3036, 3232, 3462, 
4214, 5303A of this title; title 10 section 2006; title 42 section 
12603.
