
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-103 Section 105(c)]
[Document affected by Public Law 106-419 Section 102(e)]
[Document affected by Public Law 106-419 Section 103(e)]
[CITE: 38USC3031]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
     CHAPTER 30--ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM
 
 SUBCHAPTER IV--TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT; 
                  GENERAL AND ADMINISTRATIVE PROVISIONS
 
Sec. 3031. Time limitation for use of eligibility and 
        entitlement
        
    (a) Except as provided in subsections (b) through (g), and subject 
to subsection (h), of 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 10-year period 
beginning on the date of such individual's last discharge or release 
from active duty, except that such 10-year period shall begin--
        (1) in the case of an individual who becomes entitled to such 
    assistance under clause (A) or (B) of section 3012(a)(1) of this 
    title, on the later of the date of such individual's last discharge 
    or release from active duty or the date on which the four-year 
    requirement described in clause (A)(ii) or (B)(ii), respectively, of 
    such section 3012(a)(1) is met; and
        (2) in the case of an individual who becomes entitled to such 
    assistance under section 3011(a)(1)(B), on the later of the date of 
    such individual's last discharge or release from active duty or 
    January 1, 1990.

    (b) In the case of any eligible individual who has been prevented, 
as determined by the Secretary, from pursuing a program of education 
under this chapter within the 10-year period prescribed by subsection 
(a) of this section because such individual had not met the nature of 
discharge requirement of this chapter before the nature of such 
individual's discharge or release was changed by appropriate authority, 
such 10-year period shall not run during the period of time that such 
individual was so prevented from pursuing such program of education.
    (c) In the case of an individual eligible for educational assistance 
under the provisions of this chapter who, after such individual's last 
discharge or release from active duty, was detained by a foreign 
government or power, the 10-year period described in subsection (a) of 
this section shall not run (1) while such individual is so detained, or 
(2) during any period immediately following such individual's release 
from such detention during which such individual is hospitalized at a 
military, civilian, or Department of Veterans Affairs medical facility.
    (d) In the case of an individual eligible for educational assistance 
under this chapter--
        (1) who was prevented from pursuing such individual's chosen 
    program of education before the expiration of the 10-year period for 
    use of entitlement under this chapter otherwise applicable under 
    this section because of a physical or mental disability which was 
    not the result of the individual's own willful misconduct, and
        (2) who applies for an extension of such 10-year period within 
    one year after (A) the last day of such period, or (B) the last day 
    on which such individual was so prevented from pursuing such 
    program, whichever is later,

such 10-year period shall not run with respect to such individual during 
the period of time that such individual was so prevented from pursuing 
such program and such 10-year period will again begin running on the 
first day following such individual's recovery from such disability on 
which it is reasonably feasible, as determined under regulations which 
the Secretary shall prescribe, for such individual to initiate or resume 
pursuit of a program of education with educational assistance under this 
chapter.
    (e)(1) Except as provided in paragraph (2) of this subsection, in 
the case of an individual described in section 3011(a)(1)(B) or 
3012(a)(1)(B) of this title who is entitled to basic educational 
assistance under this chapter, the 10-year period prescribed in 
subsection (a) of this section shall be reduced by an amount of time 
equal to the amount of time that such individual was not serving on 
active duty during the period beginning on January 1, 1977, and ending 
on June 30, 1985.
    (2) In the case of an individual to which paragraph (1) of this 
subsection is applicable and who is described in section 3452(a)(1)(B) 
of this title, the 10-year period prescribed in subsection (a) of this 
section shall not be reduced by any period in 1977 before the individual 
began serving on active duty.
    (f)(1) If an individual eligible for educational assistance under 
this chapter is enrolled under this chapter in an educational 
institution regularly operated on the quarter or semester system and the 
period of such individual's entitlement under this chapter would, under 
section 3013, expire during a quarter or semester, such period shall be 
extended to the end of such quarter or semester.
    (2) If an individual eligible for educational assistance under this 
chapter is enrolled under this chapter in an educational institution not 
regularly operated on the quarter or semester system and the period of 
such individual's entitlement under this chapter would, under section 
3013, expire after a major portion of the course is completed, such 
period shall be extended to the end of the course or for 12 weeks, 
whichever is the lesser period of extension.
    (g) In the case of an individual described in section 3011(f)(3) of 
this title, the period during which that individual may use the 
individual's entitlement to educational assistance allowance expires on 
the last day of the 10-year period beginning on the date of the 
enactment of the Veterans Millennium Health Care and Benefits Act if 
that date is later than the date that would otherwise be applicable to 
that individual under this section.
    (h) For purposes of subsection (a) of this section, 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 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.

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 
Stat. 2560, Sec. 1431; amended Pub. L. 99-576, title III, Secs. 307(b), 
321(7), Oct. 28, 1986, 100 Stat. 3270, 3278; Pub. L. 100-689, title I, 
Sec. 111(a)(6), Nov. 18, 1988, 102 Stat. 4171; Pub. L. 101-237, title 
IV, Secs. 420(a)(1), (b), 423(a)(4), (b)(1), Dec. 18, 1989, 103 Stat. 
2087, 2088, 2091, 2092; renumbered Sec. 3031 and amended Pub. L. 102-83, 
Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-568, title 
III, Sec. 302(a)(3), Oct. 29, 1992, 106 Stat. 4327; Pub. L. 106-117, 
title VII, Sec. 702(b), Nov. 30, 1999, 113 Stat. 1583.)

                       References in Text

    The date of the enactment of the Veterans Millennium Health Care and 
Benefits Act, referred to in subsec. (g), is the date of enactment of 
Pub. L. 106-117, which was approved Nov. 30, 1999.


                               Amendments

    1999--Subsec. (a). Pub. L. 106-117, Sec. 702(b)(2), in introductory 
provisions, substituted ``through (g)'' for ``through (e)'' and 
``subsection (h)'' for ``subsection (g)''.
    Subsecs. (g), (h). Pub. L. 106-117, Sec. 702(b)(1), (3), added 
subsec. (g) and redesignated former subsec. (g) as (h).
    1992--Subsec. (e)(1). Pub. L. 102-568 substituted ``June 30, 1985'' 
for ``October 18, 1984''.
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1431 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3012(a)(1)'' for ``1412(a)(1)'' in two places in par. (1) and 
``3011(a)(1)(B)'' for ``1411(a)(1)(B)'' in par. (2).
    Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3011(a)(1)(B) or 3012(a)(1)(B)'' for ``1411(a)(1)(B) or 
1412(a)(1)(B)'' in par. (1) and ``3452(a)(1)(B)'' for ``1652(a)(1)(B)'' 
in par. (2).
    Subsec. (f). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3013'' for 
``1413'' in pars. (1) and (2).
    Subsec. (g). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3011(a)(1)(A)(ii)(III)'' for ``1411(a)(1)(A)(ii)(III)''.
    1989--Subsec. (a). Pub. L. 101-237, Sec. 420(a)(1)(B), inserted ``, 
and subject to subsection (g),'' before ``of this section''.
    Subsec. (b). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted 
``Secretary'' for ``Administrator''.
    Subsec. (c). Pub. L. 101-237, Sec. 423(b)(1)(B), substituted 
``Department of Veterans Affairs'' for ``Veterans' Administration''.
    Subsec. (d). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted 
``Secretary'' for ``Administrator''.
    Subsec. (e). Pub. L. 101-237, Sec. 420(b), designated existing 
provisions as par. (1), and substituted ``Except as provided in 
paragraph (2) of this subsection, in'' for ``In'', and added par. (2).
    Subsec. (f)(1), (2). Pub. L. 101-237, Sec. 423(a)(4), substituted 
``, under section 1413,'' for ``, under this section,''.
    Subsec. (g). Pub. L. 101-237, Sec. 420(a)(1)(A), added subsec. (g).
    1988--Subsec. (a). Pub. L. 100-689 substituted ``beginning on the 
date of such individual's last discharge or release from active duty, 
except that such 10-year period shall begin--'' and pars. (1) and (2) 
for ``beginning on (1) the date of such individual's last discharge or 
release from active duty, or (2) the last day on which such individual 
becomes entitled to such assistance, whichever is later''.
    1986--Subsec. (a). Pub. L. 99-576, Secs. 307(b)(1), 321(7)(A), made 
identical amendments, substituting ``(e)'' for ``(d)''.
    Subsec. (b). Pub. L. 99-576, Sec. 321(7)(B), struck out ``subchapter 
II or III of'' after ``program of education under'', substituted 
``requirement of this chapter'' for ``requirement of such subchapter'', 
struck out the cl. (1) designation before ``the nature of such 
individual's discharge'' and struck out ``or (2) with respect to 
educational assistance under subchapter II of this chapter, the 
Administrator determined, under regulations prescribed by the 
Administrator, that such discharge or release was under conditions 
described in section 1411(a)(3) or 1412(a)(3) of this title,'' after 
``appropriate authority,''.
    Subsec. (e). Pub. L. 99-576, Sec. 307(b)(3), added subsec. (e). 
Former subsec. (e) redesignated (f).
    Subsec. (f). Pub. L. 99-576, Sec. 307(b)(2), redesignated former 
subsec. (e) as (f).
    Subsec. (f)(2). Pub. L. 99-576, Sec. 321(7)(C), which directed that 
subsec. (e)(2) be amended by inserting ``not'' after ``educational 
institution'' was executed to subsec. (f)(2) to reflect the probable 
intent of Congress and the intervening redesignation of subsec. (e) as 
(f) by section 307(b)(3) of Pub. L. 99-576.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-568 effective Oct. 28, 1986, see section 
302(b) of Pub. L. 102-568, set out as a note under section 3011 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in title 10 section 16133.
