
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: 38USC3202]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
      CHAPTER 32--POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE
 
                   SUBCHAPTER I--PURPOSE; DEFINITIONS
 
Sec. 3202. Definitions

    For the purposes of this chapter--
    (1)(A) The term ``eligible veteran'' means any veteran who is not 
eligible for educational assistance under chapter 34 of this title and 
who (i) entered military service on or after January 1, 1977, and before 
July 1, 1985, served on active duty for a period of more than 180 days 
commencing on or after January 1, 1977, and was discharged or released 
therefrom under conditions other than dishonorable, or (ii) entered 
military service on or after January 1, 1977, and before July 1, 1985, 
and was discharged or released from active duty after January 1, 1977, 
for a service-connected disability.
    (B) The requirement of discharge or release, prescribed in 
subparagraph (A), shall be waived in the case of any participant who has 
completed his or her first obligated period of active duty (which began 
after December 31, 1976) or 6 years of active duty (which began after 
December 31, 1976), whichever period is less.
    (C) For the purposes of subparagraphs (A) and (B), the term ``active 
duty'' does not include any period during which an individual (i) was 
assigned full time by the Armed Forces to a civilian institution for a 
course of education which was substantially the same as established 
courses offered to civilians, (ii) served as a cadet or midshipman at 
one of the service academies, or (iii) served under the provisions of 
section 511(d) \1\ of title 10 pursuant to an enlistment in the Army 
National Guard or the Air National Guard, or as a Reserve for service in 
the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps 
Reserve, or Coast Guard Reserve.
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    \1\ See References in Text note below.
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    (D)(i) The requirement of ineligibility for educational assistance 
under chapter 34 of this title, prescribed in subparagraph (A), shall be 
waived in the case of a veteran described in division (ii) of this 
subparagraph who elects to receive benefits under this chapter instead 
of assistance under such chapter 34. A veteran who makes such an 
election shall be ineligible for assistance under such chapter. Such an 
election is irrevocable.
    (ii) A veteran referred to in division (i) of this subparagraph is a 
veteran who before January 1, 1977, performed military service described 
in subparagraph (C)(iii), is entitled under section 3452(a)(3)(C) of 
this title to have such service considered to be ``active duty'' for the 
purposes of chapter 34 of this title, and is eligible for assistance 
under such chapter only by reason of having such service considered to 
be active duty.
    (2) The term ``program of education''--
        (A) has the meaning given such term in section 3452(b) of this 
    title, and
        (B) includes (i) a full-time program of apprenticeship or other 
    on-job training approved as provided in clause (1) or (2), as 
    appropriate, of section 3687(a) of this title, and (ii) in the case 
    of an individual who is not serving on active duty, a cooperative 
    program (as defined in section 3482(a)(2) of this title).

    (3) The term ``participant'' is a person who is participating in the 
educational benefits program established under this chapter.
    (4) The term ``educational institution'' has the meaning given such 
term in section 3452(c) of this title.
    (5) The term ``training establishment'' has the meaning given such 
term in section 3452(e) of this title.

(Added Pub. L. 94-502, title IV, Sec. 404, Oct. 15, 1976, 90 Stat. 2394, 
Sec. 1602; amended Pub. L. 96-466, title IV, Sec. 401, Oct. 17, 1980, 94 
Stat. 2201; Pub. L. 98-223, title II, Sec. 203(a), Mar. 2, 1984, 98 
Stat. 41; Pub. L. 99-576, title III, Secs. 309(a)(2), 310(a), Oct. 28, 
1986, 100 Stat. 3270, 3271; Pub. L. 100-689, title I, Sec. 108(b)(1), 
Nov. 18, 1988, 102 Stat. 4169; Pub. L. 102-54, Sec. 14(c)(6), June 13, 
1991, 105 Stat. 285; renumbered Sec. 3202 and amended Pub. L. 102-83, 
Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

                       References in Text

    Section 511 of title 10, referred to in par. (1)(C)(iii), was 
renumbered section 12103 of Title 10, Armed Forces, by Pub. L. 103-337, 
div. A, title XVI, Sec. 1662(b)(2), Oct. 5, 1994, 108 Stat. 2989.


                            Prior Provisions

    Prior sections 3202 to 3205 were renumbered sections 5502 to 5505 of 
this title, respectively, and section 5505 was subsequently repealed by 
Pub. L. 103-446, title XII, Sec. 1201(g)(4)(A), Nov. 2, 1994, 108 Stat. 
4687.


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1602 of this 
title as this section.
    Par. (1)(A). Pub. L. 102-54 inserted comma after last reference to 
``1977''.
    Par. (1)(D)(ii). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3452(a)(3)(C)'' for ``1652(a)(3)(C)''.
    Par. (2). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3452(b)'' for 
``1652(b)'' in subpar. (A) and ``3687(a)'' for ``1787(a)'' and 
``3482(a)(2)'' for ``1682(a)(2)'' in subpar. (B).
    Pars. (4), (5). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3452(c)'' for ``1652(c)'' in par. (4) and ``3452(e)'' for ``1652(e)'' 
in par. (5).
    1988--Par. (2)(B). Pub. L. 100-689 inserted designation ``(i)'' 
after ``includes'' and added cl. (ii).
    1986--Par. (1)(A). Pub. L. 99-576, Sec. 309(a)(2), inserted ``and 
before July 1, 1985,'' in two places and substituted ``commencing on or 
after January 1, 1977'' for ``commencing on or after such date'' and 
``released from active duty after January 1, 1977'' for ``released from 
active duty after such date''.
    Par. (2). Pub. L. 99-576, Sec. 310(a)(1), added par. (2) and struck 
out former par. (2) which read as follows: ``The terms `program of 
education' and `educational institution' shall have the same meaning 
ascribed to them in sections 1652(b) and 1652(c), respectively, of this 
title.''
    Pars. (4), (5). Pub. L. 99-576, Sec. 310(a)(2), added pars. (4) and 
(5).
    1984--Par. (1)(D). Pub. L. 98-223 added subpar. (D).
    1980--Par. (1)(A). Pub. L. 96-466 inserted ``who is not eligible for 
educational assistance under chapter 34 of this title and'' after ``any 
veteran'' and struck out ``initially'' before ``entered military 
service'' in two places.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-689 effective Jan. 1, 1989, see section 
108(c) of Pub. L. 100-689, set out as a note under section 3002 of this 
title.


                    Effective Date of 1980 Amendment

    Section 802(d)(1) of Pub. L. 96-466 provided that: ``The amendments 
made by section 401 [amending this section] shall take effect as of 
January 1, 1977.''


               Enrollment in Program Before April 1, 1987

    For provisions for continued eligibility for enrollment in the 
program established by this chapter until Apr. 1, 1987, of individuals 
on active duty in the Armed Forces who were eligible therefor on June 
30, 1985, and requiring notice of such continued eligibility to affected 
individuals, see section 309(c), (d) of Pub. L. 99-576, set out as a 
note under section 3201 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 3018C of this title.
