
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: 38USC3221]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
      CHAPTER 32--POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE
 
      SUBCHAPTER II--ELIGIBILITY; CONTRIBUTIONS; AND MATCHING FUND
 
Sec. 3221. Eligibility

    (a) Each person entering military service on or after January 1, 
1977, and before July 1, 1985, shall have the right to enroll in the 
educational benefits program provided by this chapter (hereinafter in 
this chapter referred to as the ``program'' except where the text 
indicates otherwise) at any time during such person's service on active 
duty before July 1, 1985. When a person elects to enroll in the program, 
such person must participate for at least 12 consecutive months before 
disenrolling or suspending participation.
    (b) The requirement for 12 consecutive months of participation 
required by subsection (a) of this section shall not apply when (1) the 
participant suspends participation or disenrolls from the program 
because of personal hardship as defined in regulations issued jointly by 
the Secretary and the Secretary of Defense, or (2) the participant is 
discharged or released from active duty.
    (c) A participant shall be permitted to suspend participation or 
disenroll from the program at the end of any 12-consecutive-month period 
of participation. If participation is suspended, the participant shall 
be eligible to make additional contributions to the program under such 
terms and conditions as shall be prescribed by regulations issued 
jointly by the Secretary and the Secretary of Defense.
    (d) If a participant disenrolls from the program, such participant 
forfeits any entitlement to benefits under the program except as 
provided in subsection (e) of this section. A participant who disenrolls 
from the program is eligible for a refund of such participant's 
contributions as provided in section 3223 of this title.
    (e) A participant who has disenrolled may be permitted to reenroll 
in the program under such conditions as shall be prescribed jointly by 
the Secretary and the Secretary of Defense.
    (f) 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 of Veterans Affairs may 
prescribe) the program to which such service is to be credited.

(Added Pub. L. 94-502, title IV, Sec. 404, Oct. 15, 1976, 90 Stat. 2394, 
Sec. 1621; amended Pub. L. 99-576, title III, Sec. 309(a)(3), Oct. 28, 
1986, 100 Stat. 3270; Pub. L. 101-237, title IV, Secs. 410, 
423(b)(1)(A), (4)(A), (6), Dec. 18, 1989, 103 Stat. 2084, 2092, 2093; 
renumbered Sec. 3221 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 
6, 1991, 105 Stat. 406.)


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1621 of this 
title as this section.
    Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3223'' for 
``1623''.
    1989--Subsec. (b)(1). Pub. L. 101-237, Sec. 423(b)(1)(A), (4)(A), 
substituted ``Secretary'' for ``Administrator'' after ``jointly by the'' 
and struck out ``(hereinafter in this chapter referred to as the 
`Secretary')'' after ``Secretary of Defense''.
    Subsecs. (c), (e). Pub. L. 101-237, Sec. 423(b)(1)(A), (4)(A), 
substituted ``Secretary'' for ``Administrator'' after ``jointly by the'' 
and inserted ``of Defense'' after ``Secretary'' at end.
    Subsec. (f). Pub. L. 101-237, Sec. 410, added subsec. (f).
    1986--Subsec. (a). Pub. L. 99-576 inserted ``and before July 1, 
1985,'' and ``before July 1, 1985'' in first sentence.


               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.


        Suspension of Right To Enroll in Post-Vietnam Era Program

    Pub. L. 98-525, title VII, Sec. 704, Oct. 19, 1984, 98 Stat. 2564, 
which provided that no individual on active duty in the Armed Forces 
could initially enroll in the educational assistance program provided 
for in this chapter during the period beginning on July 1, 1985, and 
ending on June 30, 1988, was repealed by Pub. L. 99-576, title III, 
Sec. 309(b), Oct. 28, 1986, 100 Stat. 3270.


  New Enrollments in Educational Assistance Program After December 31, 
              1981, Presidential Recommendation to Congress

    Section 408 of Pub. L. 94-502 provided that:
    ``(a)(1) No individual on active duty in the Armed Forces may 
initially enroll in the educational assistance program provided for in 
chapter 32 of title 38, United States Code (as added by section 404 of 
this Act) after December 31, 1981, unless--
        ``(A) before June 1, 1981, the President submits to both Houses 
    of Congress a written recommendation that such program continue to 
    be open for new enrollments; and
        ``(B) before the close of the 60-day period after the day on 
    which the President submits to Congress the recommendation described 
    in subparagraph (A), neither the House of Representatives nor the 
    Senate adopts, by an affirmative vote of a majority of those present 
    and voting in that House, a resolution which in substance 
    disapproves such recommendation.
    ``(2) For purposes of computing the 60-day period referred to in 
paragraph (1)(B), there shall be excluded--
        ``(A) the days on which either House is not in session because 
    of an adjournment of more than 3 days to a day certain or an 
    adjournment of the Congress sine die, and
        ``(B) any Saturday and Sunday, not excluded under the preceding 
    subparagraph, when either House is not in session.
The recommendation referred to in paragraph (1)(A) shall be delivered to 
both Houses of Congress on the same day and shall be delivered to the 
Clerk of the House of Representatives if the House is not in session and 
to the Secretary of the Senate if the Senate is not in session.
    ``(b) If new enrollments after December 31, 1981, in the educational 
assistance program provided for in such chapter 32 are authorized after 
the application of the provisions of subsection (a), then effective 
January 1, 1982, section 1622(b) [now 3222(b)] of title 38, United 
States Code, is amended by striking out `Veterans' Administration' and 
inserting in lieu thereof `Department of Defense'.''
