
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC3033]

 
                      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. 3033. Bar to duplication of educational assistance benefits

    (a)(1) An individual entitled to educational assistance under a 
program established by this chapter who is also eligible for educational 
assistance under a program under chapter 31, 32, or 35 of this title, 
under chapter 106 or 107 of title 10, or under the Hostage Relief Act of 
1980 (Public Law 96-449; 5 U.S.C. 5561 note) may not receive assistance 
under two or more of such programs concurrently but shall elect (in such 
form and manner as the Secretary may prescribe) under which program to 
receive educational assistance.
    (2) An individual entitled to educational assistance under chapter 
34 of this title may not receive assistance under this chapter before 
January 1, 1990.
    (b) A period of service counted for purposes of repayment under 
chapter 109 of title 10 of an education loan may not also be counted for 
purposes of entitlement to educational assistance under this chapter.
    (c) An individual who serves in the Selected Reserve may not receive 
credit for such service under both the program established by this 
chapter and the program established by chapter 106 of title 10 but shall 
elect (in such form and manner as the Secretary may prescribe) the 
program to which such service is to be credited.

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 
Stat. 2561, Sec. 1433; amended Pub. L. 99-576, title III, Sec. 306, Oct. 
28, 1986, 100 Stat. 3269; Pub. L. 101-237, title IV, Sec. 423(b)(1)(A), 
Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102-16, Sec. 10(a)(4), Mar. 22, 
1991, 105 Stat. 55; renumbered Sec. 3033, Pub. L. 102-83, Sec. 5(a), 
Aug. 6, 1991, 105 Stat. 406.)


                               Amendments

    1991--Pub. L. 102-83 renumbered section 1433 of this title as this 
section.
    Subsec. (b). Pub. L. 102-16 substituted ``chapter 109 of title 10'' 
for ``section 902 of the Department of Defense Authorization Act, 1981 
(10 U.S.C. 2141 note),''.
    1989--Subsecs. (a)(1), (c). Pub. L. 101-237 substituted 
``Secretary'' for ``Administrator''.
    1986--Subsec. (a)(1). Pub. L. 99-576, Sec. 306(a), substituted 
``chapter 31, 32, or 35 of this title, under chapter 106 or 107 of title 
10, or under the Hostage Relief Act of 1980 (Public Law 96-449; 5 U.S.C. 
5561 note) may not receive assistance under two or more of such 
programs'' for ``chapter 31, 34, or 35 of this title or under chapter 
106 or 107 of title 10 may not receive assistance under both programs''.
    Subsec. (c). Pub. L. 99-576, Sec. 306(b), amended subsec. (c) 
generally. Prior to amendment, subsec. (c) read as follows: ``An 
individual who is entitled to educational assistance under chapter 106 
of title 10 may not also receive educational assistance under this 
chapter based on entitlement under section 1412 of this title.''
