
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 103(c)]
[Document affected by Public Law 107-103 Section 103(a)]
[Document affected by Public Law 107-103 Section 103(d)]
[Document affected by Public Law 107-103 Section 103(e)]
[CITE: 38USC3013]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
     CHAPTER 30--ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM
 
               SUBCHAPTER II--BASIC EDUCATIONAL ASSISTANCE
 
Sec. 3013. Duration of basic educational assistance

    (a)(1) Subject to section 3695 of this title and except as provided 
in paragraph (2) of this subsection, each individual entitled to basic 
educational assistance under section 3011 of this title is entitled to 
36 months of educational assistance benefits under this chapter (or the 
equivalent thereof in part-time educational assistance).
    (2) Subject to section 3695 of this title and subsection (d) of this 
section, in the case of an individual described in section 
3011(a)(1)(A)(ii)(I) or (III) of this title who is not also described in 
section 3011(a)(1)(A)(i) of this title or an individual described in 
section 3011(a)(1)(B)(ii)(I) or (III) of this title who is not also 
described in section 3011(a)(1)(B)(i) of this title, the individual is 
entitled to one month of educational assistance benefits under this 
chapter for each month of continuous active duty served by such 
individual after June 30, 1985, as part of the individual's initial 
obligated period of active duty in the case of an individual described 
in section 3011(a)(1)(A)(ii)(I) or (III) of this title, or in the case 
of an individual described in section 3011(a)(1)(B)(ii)(I) or (III) of 
this title, after June 30, 1985.
    (b) Subject to section 3695 of this title and subsection (d) of this 
section, each individual entitled to basic educational assistance under 
section 3012 of this title is entitled to (1) one month of educational 
assistance benefits under this chapter for each month of continuous 
active duty served by such individual after June 30, 1985, as part of 
the individual's initial obligated period of active duty in the case of 
an individual described in section 3012(a)(1)(A) of this title, or in 
the case of an individual described in section 3012(a)(1)(B) of this 
title, after June 30, 1985, and (2) one month of educational assistance 
benefits under this chapter for each four months served by such 
individual in the Selected Reserve after the applicable date specified 
in clause (1) of this subsection (other than any month in which the 
individual served on active duty).
    (c)(1) Subject to section 3695 of this title and except as provided 
in paragraphs (2) and (3) of this subsection, each individual entitled 
to basic educational assistance under section 3018 of this title is 
entitled to 36 months of educational assistance under this chapter (or 
the equivalent thereof in part-time educational assistance).
    (2) Subject to section 3695 of this title, an individual described 
in clause (B) or (C) of section 3018(b)(3) of this title whose discharge 
or release from active duty prevents the reduction of the basic pay of 
such individual by $1,200 is entitled to the number of months of 
assistance under this chapter that is equal to the lesser of--
        (A) 36 multiplied by a fraction the numerator of which is the 
    amount by which the basic pay of the individual has been reduced 
    under section 3018(c) and the denominator of which is $1,200; or
        (B) the number of months the individual has served on continuous 
    active duty after June 30, 1985.

    (3) Subject to section 3695 of this title and subsection (d) of this 
section, an individual described in clause (B) or (C)(ii) of section 
3018(b)(3) of this title (other than an individual described in 
paragraph (2) of this subsection) is entitled to the number of months of 
educational assistance under this chapter that is equal to the number of 
months the individual has served on continuous active duty after June 
30, 1985.
    (d) Subject to section 3695 of this title, each individual entitled 
to educational benefits under section 3018A, 3018B, or 3018C of this 
title is entitled to the lesser of--
        (1) 36 months of educational assistance under this chapter (or 
    the equivalent thereof in part-time educational assistance); or
        (2) the number of months of such educational assistance (or such 
    equivalent thereof) that is equal to the number of months served by 
    such individual on active duty.

    (e) No individual may receive basic educational assistance benefits 
under this chapter for a period in excess of 36 months (or the 
equivalent thereof in part-time educational assistance).
    (f)(1) Notwithstanding any other provision of this chapter or 
chapter 36 of this title, any payment of an educational assistance 
allowance described in paragraph (2) shall not--
        (A) be charged against any entitlement of any individual under 
    this chapter; or
        (B) be counted toward the aggregate period for which section 
    3695 of this title limits an individual's receipt of assistance.

    (2) Subject to paragraph (3), the payment of the educational 
assistance allowance referred to in paragraph (1) is the payment of such 
an allowance to an individual for pursuit of a course or courses under 
this chapter if the Secretary finds that the individual--
        (A) in the case of a person not serving on active duty, had to 
    discontinue such course pursuit as a result of being ordered, in 
    connection with the Persian Gulf War, to serve on active duty under 
    section 672(a), (d), or (g), 673, 673b,\1\ or 688 of title 10; or
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    \1\ See References in Text note below.
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        (B) in the case of a person serving on active duty, had to 
    discontinue such course pursuit as a result of being ordered, in 
    connection with such War, to a new duty location or assignment or to 
    perform an increased amount of work; and
        (C) failed to receive credit or lost training time toward 
    completion of the individual's approved education, professional, or 
    vocational objective as a result of having to discontinue, as 
    described in subparagraph (A) or (B), his or her course pursuit.

    (3) The period for which, by reason of this subsection, an 
educational assistance allowance is not charged against entitlement or 
counted toward the applicable aggregate period under section 3695 of 
this title shall not exceed the portion of the period of enrollment in 
the course or courses for which the individual failed to receive credit 
or with respect to which the individual lost training time, as 
determined under paragraph (2)(C) of this subsection.

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 
Stat. 2557, Sec. 1413; amended Pub. L. 99-576, title III, Sec. 321(3), 
Oct. 28, 1986, 100 Stat. 3277; Pub. L. 100-689, title I, 
Secs. 102(b)(2), 103(b)(2), 111(a)(4), Nov. 18, 1988, 102 Stat. 4163, 
4165, 4171; Pub. L. 101-237, title IV, Sec. 423(a)(2), Dec. 18, 1989, 
103 Stat. 2091; Pub. L. 101-510, div. A, title V, Sec. 561(b)(1), Nov. 
5, 1990, 104 Stat. 1573; renumbered Sec. 3013 and amended Pub. L. 102-
83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-127, 
Sec. 2(a), Oct. 10, 1991, 105 Stat. 619; Pub. L. 102-484, div. D, title 
XLIV, Sec. 4404(b)(2), Oct. 23, 1992, 106 Stat. 2706; Pub. L. 104-275, 
title I, Sec. 106(b)(2), Oct. 9, 1996, 110 Stat. 3329.)

                       References in Text

    Sections 672, 673, and 673b of title 10, referred to in subsec. 
(f)(2)(A), were renumbered sections 12301, 12302, and 12304, 
respectively, of Title 10, Armed Forces, by Pub. L. 103-337, div. A, 
title XVI, Sec. 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992. A new section 
672 of Title 10 was enacted by section 1662(e)(4) of Pub. L. 103-337.


                            Prior Provisions

    Prior section 3013 was renumbered section 5113 of this title.


                               Amendments

    1996--Subsec. (d). Pub. L. 104-275 substituted ``, 3018B, or 3018C'' 
for ``or 3018B''.
    1992--Subsec. (d). Pub. L. 102-484 inserted ``or 3018B'' after 
``section 3018A'' in introductory provisions.
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1413 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3695'' for 
``1795'' in two places, ``3011'' for ``1411'', ``3011(a)(1)(A)(ii)(I)'' 
for ``1411(a)(1)(A)(ii)(I)'' in two places, ``3011(a)(1)(A)(i)'' for 
``1411(a)(1)(A)(i)'', ``3011(a)(1)(B)(ii)(I)'' for 
``1411(a)(1)(B)(ii)(I)'' in two places, and ``3011(a)(1)(B)(i)'' for 
``1411(a)(1)(B)(i)''.
    Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3695'' for 
``1795'', ``3012'' for ``1412'', ``3012(a)(1)(A)'' for 
``1412(a)(1)(A)'', and ``3012(a)(1)(B)'' for ``1412(a)(1)(B)''.
    Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3695'' for 
``1795'' wherever appearing, ``3018'' for ``1418'', ``3018(b)(3)'' for 
``1418(b)(3)'' in two places, and ``3018(c)'' for ``1418(c)''.
    Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3695'' for 
``1795'' and ``3018A'' for ``1418A''.
    Subsec. (f). Pub. L. 102-127 added subsec. (f).
    1990--Subsecs. (d), (e). Pub. L. 101-510 added subsec. (d) and 
redesignated former subsec. (d) as (e).
    1989--Subsec. (a)(2). Pub. L. 101-237, Sec. 423(a)(2)(A), 
substituted ``subsection (d)'' for ``subsection (c)''.
    Pub. L. 101-237, Sec. 423(a)(2)(B), substituted ``section 
1411(a)(1)(A)(ii)(I) or (III) of this title, or'' for ``section 
1411(a)(1)(B)(ii)(I) or (III) of this title, or''.
    Subsec. (b). Pub. L. 101-237, Sec. 423(a)(2)(A), substituted 
``subsection (d)'' for ``subsection (c)''.
    Subsec. (c)(1). Pub. L. 101-237, Sec. 423(a)(2)(C)(i), inserted 
reference to par. (3).
    Subsec. (c)(3). Pub. L. 101-237, Sec. 423(a)(2)(C)(ii), added par. 
(3).
    1988--Subsec. (a)(2). Pub. L. 100-689, Sec. 111(a)(4)(A), 
substituted ``Subject to section 1795 of this title and subsection (c) 
of this section, in the case'' for ``In the case'' and ``continuous 
active duty served by such individual after June 30, 1985, as part of 
the individual's initial obligated period of active duty in the case of 
an individual described in section 1411(a)(1)(B)(ii)(I) or (III) of this 
title, or in the case of an individual described in section 
1411(a)(1)(B)(ii)(I) or (III) of this title, after June 30, 1985'' for 
``active duty served by such individual after the date of the beginning 
of the period for which the individual's basic pay is reduced under 
section 1411(b) of this title, in the case of an individual described in 
section 1411(a)(1)(A)(ii)(I) of this title, or after June 30, 1985, in 
the case of an individual described in section 1411(a)(1)(B)(ii)(I) of 
this title''.
    Pub. L. 100-689, Sec. 102(b)(2), inserted ``or (III)'' after 
``section 1411(a)(1)(A)(ii)(I)'' and after ``section 
1411(a)(1)(B)(ii)(I)'', the first place each appears.
    Subsec. (b)(1). Pub. L. 100-689, Sec. 111(a)(4)(B), substituted 
``continuous active duty served by such individual after June 30, 1985, 
as part of the individual's initial obligated period of active duty in 
the case of an individual described in section 1412(a)(1)(A) of this 
title, or in the case of an individual described in section 
1412(a)(1)(B) of this title, after June 30, 1985'' for ``active duty 
served by such individual after the date of the beginning of the period 
for which such individual's basic pay is reduced under section 1412(c) 
of this title, in the case of an individual described in section 
1412(a)(1)(A), or after June 30, 1985, in the case of an individual 
described in section 1412(a)(1)(B) of this title''.
    Subsecs. (c), (d). Pub. L. 100-689, Sec. 103(b)(2), added subsec. 
(c) and redesignated former subsec. (c) as (d).
    1986--Subsec. (a)(2). Pub. L. 99-576, Sec. 321(3)(A), inserted 
``after the date of the beginning of the period for which the 
individual's basic pay is reduced under section 1411(b) of this title, 
in the case of an individual described in section 1411(a)(1)(A)(ii)(I) 
of this title, or after June 30, 1985, in the case of an individual 
described in section 1411(a)(1)(B)(ii)(I) of this title''.
    Subsec. (b)(1). Pub. L. 99-576, Sec. 321(3)(B)(i), inserted ``after 
the date of the beginning of the period for which such individual's 
basic pay is reduced under section 1412(c) of this title, in the case of 
an individual described in section 1412(a)(1)(A), or after June 30, 
1985, in the case of an individual described in section 1412(a)(1)(B) of 
this title''.
    Subsec. (b)(2). Pub. L. 99-576, Sec. 321(3)(B)(ii), inserted ``after 
the applicable date specified in clause (1) of this subsection'' after 
``Selected Reserve''.


                    Effective Date of 1988 Amendment

    Amendment by section 102(b)(2) of Pub. L. 100-689 effective July 1, 
1985, with respect to individuals discharged or released for medical 
condition which preexisted service on active duty or in Selected Reserve 
and which Administrator determines is not service connected, and 
effective Oct. 1, 1987, with respect to individuals involuntarily 
discharged or released for convenience of Government as a result of 
reduction in force, see section 102(c) of Pub. L. 100-689, set out as a 
note under section 3011 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 3031 of this title; title 42 
section 12603.
