
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 103(a)]
[Document affected by Public Law 107-103 Section 103(d)]
[CITE: 38USC3231]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
      CHAPTER 32--POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE
 
                  SUBCHAPTER III--ENTITLEMENT; DURATION
 
Sec. 3231. Entitlement; loan eligibility

    (a)(1) Subject to the provisions of section 3695 of this title 
limiting the aggregate period for which any person may receive 
assistance under two or more programs of educational or vocational 
assistance administered by the Department of Veterans Affairs, a 
participant shall be entitled to a maximum of 36 monthly benefit 
payments (or their equivalent in the event of part-time benefits).
    (2) Except as provided in paragraph (5)(E) of this subsection and in 
subsection (e) of this section and section 3233 of this title and 
subject to section 3241 of this title, the amount of the monthly payment 
to which any eligible veteran is entitled shall be ascertained by (A) 
adding all contributions made to the fund by the eligible veteran, (B) 
multiplying the sum by 3, (C) adding all contributions made to the fund 
for such veteran by the Secretary of Defense, and (D) dividing the sum 
by the lesser of 36 or the number of months in which contributions were 
made by such veteran.
    (3) Payment of benefits under this chapter may be made only for 
periods of time during which an eligible veteran is actually enrolled in 
and pursuing an approved program of education and, except as provided in 
paragraph (4), only after an eligible veteran has been discharged or 
released from active duty.
    (4) Payment of benefits under this chapter may be made after a 
participant 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.
    (5)(A) Notwithstanding any other provision of this chapter or 
chapter 36 of this title, any payment of an educational assistance 
allowance described in subparagraph (B) of this paragraph--
        (i) shall not be charged against the entitlement of any eligible 
    veteran under this chapter; and
        (ii) shall not be counted toward the aggregate period for which 
    section 3695 of this title limits an individual's receipt of 
    assistance.

    (B) The payment of an educational assistance allowance referred to 
in subparagraph (A) of this paragraph is any payment of a monthly 
benefit under this chapter to an eligible veteran for pursuit of a 
course or courses under this chapter if the Secretary finds that the 
eligible veteran--
        (i) 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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        (ii) 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
        (iii) failed to receive credit or training time toward 
    completion of the individual's approved educational, professional, 
    or vocational objective as a result of having to discontinue, as 
    described in clause (i) or (ii) of this subparagraph, his or her 
    course pursuit.

    (C) 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 subparagraph (B)(iii) of this paragraph.
    (D) The amount in the fund for each eligible veteran who received a 
payment of an educational assistance allowance described in subparagraph 
(B) of this paragraph shall be restored to the amount that would have 
been in the fund for the veteran if the payment had not been made. For 
purposes of carrying out the previous sentence, the Secretary of Defense 
shall deposit into the fund, on behalf of each such veteran, an amount 
equal to the entire amount of the payment made to the veteran.
    (E) In the case of a veteran who discontinues pursuit of a course or 
courses as described in subparagraph (B) of this paragraph, the formula 
for ascertaining the amount of the monthly payment to which the veteran 
is entitled in paragraph (2) of this subsection shall be implemented as 
if--
        (i) the payment made to the fund by the Secretary of Defense 
    under subparagraph (D) of this paragraph, and
        (ii) any payment for a course or courses described in 
    subparagraph (B) of this paragraph that was paid out of the fund,

had not been made or paid.
    (b) Any enlisted member of the Armed Forces participating in the 
program shall be eligible to enroll in a course, courses, or program of 
education for the purpose of attaining a secondary school diploma (or an 
equivalency certificate), as authorized by section 3491(a) of this 
title, during the last six months of such member's first enlistment and 
at any time thereafter.
    (c) When an eligible veteran is pursuing a program of education 
under this chapter by correspondence, such eligible veteran's 
entitlement shall be charged at the rate of 1 month's entitlement for 
each month of benefits paid to the eligible veteran (computed on the 
basis of the formula provided in subsection (a)(2) of this section).
    (d)(1) Subject to the provisions of paragraph (2) of this 
subsection, the amount of the educational assistance benefits paid to an 
eligible veteran who is pursuing a program of education under this 
chapter while incarcerated in a Federal, State, or local penal 
institution for conviction of a felony may not exceed the lesser of (A) 
such amount as the Secretary determines, in accordance with regulations 
which the Secretary shall prescribe, is necessary to cover the cost of 
established charges for tuition and fees required of similarly 
circumstanced nonveterans enrolled in the same program and the cost of 
necessary supplies, books, and equipment, or (B) the applicable monthly 
benefit payment otherwise prescribed in this section or section 3233 of 
this title. The amount of the educational assistance benefits payable to 
a veteran while so incarcerated shall be reduced to the extent that the 
tuition and fees of the veteran for any course are paid under any 
Federal program (other than a program administered by the Secretary) or 
under any State or local program.
    (2) Paragraph (1) of this subsection shall not apply in the case of 
any veteran who is pursuing a program of education under this chapter 
while residing in a halfway house or participating in a work-release 
program in connection with such veteran's conviction of a felony.
    (e)(1) Subject to subsection (a)(1) of this section, each individual 
who is pursuing a program of education consisting exclusively of flight 
training approved as meeting the requirements of section 3241(b) of this 
title shall be paid educational assistance under this chapter in the 
amount equal to 60 percent of the established charges for tuition and 
fees which similarly circumstanced nonveterans enrolled in the same 
flight course are required to pay.
    (2) No payment may be paid under this chapter to an individual for 
any month during which such individual is pursuing a program of 
education consisting exclusively of flight training until the Secretary 
has received from that individual and the institution providing such 
training a certification of the flight training received by the 
individual during that month and the tuition and other fees charged for 
that training.
    (3) The entitlement of an eligible veteran pursuing a program of 
education described in paragraph (1) of this subsection shall be charged 
at the rate of one month for each amount of educational assistance paid 
which is equal to the monthly benefit otherwise payable to such veteran 
(computed on the basis of the formula provided in subsection (a)(2) of 
this section).
    (4) The number of solo flying hours for which an individual may be 
paid an educational assistance allowance under this subsection may not 
exceed the minimum number of solo flying hours required by the Federal 
Aviation Administration for the flight rating or certification which is 
the goal of the individual's flight training.

(Added Pub. L. 94-502, title IV, Sec. 404, Oct. 15, 1976, 90 Stat. 2396, 
Sec. 1631; amended Pub. L. 96-466, title IV, Secs. 403, 404, Oct. 17, 
1980, 94 Stat. 2201; Pub. L. 97-35, title XX, Secs. 2003(a)(1), 2005(a), 
Aug. 13, 1981, 95 Stat. 782; Pub. L. 99-576, title III, Sec. 310(b)(1), 
Oct. 28, 1986, 100 Stat. 3271; Pub. L. 100-689, title I, 
Secs. 108(b)(2), 122, Nov. 18, 1988, 102 Stat. 4170, 4174; Pub. L. 101-
237, title IV, Sec. 423(b)(1), (4)(A), Dec. 18, 1989, 103 Stat. 2092; 
Pub. L. 102-16, Sec. 7(b), Mar. 22, 1991, 105 Stat. 51; renumbered 
Sec. 3231 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 
105 Stat. 406; Pub. L. 102-127, Sec. 2(b), Oct. 10, 1991, 105 Stat. 619; 
Pub. L. 102-568, title III, Sec. 310(c), Oct. 29, 1992, 106 Stat. 4330; 
Pub. L. 104-275, title I, Sec. 105(b), Oct. 9, 1996, 110 Stat. 3327; 
Pub. L. 105-368, title X, Sec. 1005(b)(7), Nov. 11, 1998, 112 Stat. 
3365.)

                       References in Text

    Sections 672, 673, and 673b of title 10, referred to in subsec. 
(a)(5)(B)(i), 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.


                               Amendments

    1998--Subsec. (a)(2). Pub. L. 105-368 substituted ``subsection (e)'' 
for ``subsection (f)''.
    1996--Subsecs. (d) to (f). Pub. L. 104-275 redesignated subsecs. (e) 
and (f) as (d) and (e), respectively, and struck out former subsec. (d) 
which read as follows:
    ``(d)(1) The amount of the monthly benefit payment to an individual 
pursuing a cooperative program under this chapter shall be 80 percent of 
the monthly benefit otherwise payable to such individual (computed on 
the basis of the formula provided in subsection (a)(2) of this section).
    ``(2) For each month that an individual is paid a monthly benefit 
payment for pursuit of a cooperative program under this chapter, the 
individual's entitlement under this chapter shall be charged at the rate 
80 percent of a month.''
    1992--Subsec. (f)(1). Pub. L. 102-568, Sec. 310(c)(1), struck out 
``(other than tuition and fees charged for or attributable to solo 
flying hours)'' after ``for tuition and fees''.
    Subsec. (f)(4). Pub. L. 102-568, Sec. 310(c)(2), added par. (4).
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1631 of this 
title as this section.
    Subsec. (a)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3695'' 
for ``1795''.
    Subsec. (a)(2). Pub. L. 102-127, Sec. 2(b)(2), inserted ``in 
paragraph (5)(E) of this subsection and'' after ``Except as provided''.
    Pub. L. 102-83, Sec. 5(c)(1), substituted ``3233'' for ``1633'' and 
``3241'' for ``1641''.
    Pub. L. 102-16, Sec. 7(b)(1), inserted ``subsection (f) of this 
section and'' after ``Except as provided in''.
    Subsec. (a)(5). Pub. L. 102-127, Sec. 2(b)(1), added par. (5).
    Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3491(a)'' 
for ``1691(a)''.
    Subsec. (e)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3233'' 
for ``1633''.
    Subsec. (f). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3241(b)'' 
for ``1641(b)'' in par. (1).
    Pub. L. 102-16, Sec. 7(b)(2), added subsec. (f).
    1989--Subsec. (a)(1). Pub. L. 101-237, Sec. 423(b)(1)(B), 
substituted ``Department of Veterans Affairs'' for ``Veterans' 
Administration''.
    Subsec. (a)(2)(C). Pub. L. 101-237, Sec. 423(b)(4)(A), inserted ``of 
Defense'' after ``Secretary''.
    Subsec. (e)(1). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    1988--Subsec. (d). Pub. L. 100-689, Sec. 108(b)(2), added subsec. 
(d).
    Subsec. (e). Pub. L. 100-689, Sec. 122, added subsec. (e).
    1986--Subsec. (a)(2). Pub. L. 99-576 substituted ``Except as 
provided in section 1633 of this title and subject to section 1641 of 
this title, the'' for ``The''.
    1981--Subsec. (c). Pub. L. 97-35, Sec. 2003(a)(1), struck out 
applicability to a program of flight training.
    Subsec. (d). Pub. L. 97-35, Sec. 2005(a), struck out subsec. (d) 
which related to eligibility of veterans for loans authorized by 
subchapter III of chapter 36 of this title.
    1980--Subsec. (a)(1). Pub. L. 96-466, Sec. 404, inserted reference 
to provisions of section 1795 of this title limiting the aggregate 
period for which any person may receive assistance under two or more 
programs of educational or vocational assistance administered by the 
Veterans' Administration, and substituted reference to part-time 
benefits, for reference to part-time benefit payments.
    Subsec. (b). Pub. L. 96-466, Sec. 403, substituted reference to 
enrolling in a course, courses, or program of education for the purpose 
of attaining a secondary school diploma or an equivalency certificate 
during the last six months of such member's first enlistment and at any 
time thereafter, for reference to participating in the Predischarge 
Education Program authorized by subchapter VI of chapter 34 of this 
title during the last 6 months of such member's first enlistment.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-568 applicable to flight training received 
under this chapter, chapter 30 of this title, and chapter 106 of Title 
10, Armed Forces, after Sept. 30, 1992, see section 310(d) of Pub. L. 
102-568, set out as a note under section 16131 of Title 10.


                    Effective Date of 1991 Amendment

    Section 7(c) of Pub. L. 102-16 provided that: ``The amendments made 
by this section [amending this section and section 1641 [now 3241] of 
this title] shall take effect on April 1, 1991.''


                    Effective Date of 1988 Amendment

    Amendment by section 108(b)(2) of 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 1981 Amendment

    Section 2006 of Pub. L. 97-35 provided that:
    ``(a) Except as provided in subsection (b), the amendments made by 
sections 2003 [amending this section and sections 1641, 1662, 1673, 
1681, 1682, and 1780 [now 3241, 3462, 3473, 3481, 3482, and 3680] of 
this title and repealing section 1677 of this title] and 2005 [amending 
this section and sections 1686 [repealed], 1737 [repealed], and 1798 
[now 3698] of this title] shall take effect on October 1, 1981.
    ``(b) The amendments made by such sections shall not apply to any 
person receiving educational assistance under section 1677 [now 3477] of 
title 38, United States Code, as such section was in effect on August 
31, 1981, for the pursuit of a program of education (as defined in 
section 1652(b) [now 3452(b)] of such title) in which such person was 
enrolled on that date, for as long as such person is continuously 
thereafter so enrolled and meets the requirements of eligibility for 
such assistance for the pursuit of such program under the provisions of 
chapters 34 and 36 of such title, as in effect on that date.''


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section 
802(d)(2) of Pub. L. 96-466, set out as a note under section 3224 of 
this title.

                  Section Referred to in Other Section

    This section is referred to in section 3222 of this title.
