
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 106-419 Section 122(b)(2)]
[CITE: 38USC3232]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
      CHAPTER 32--POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE
 
                  SUBCHAPTER III--ENTITLEMENT; DURATION
 
Sec. 3232. Duration; limitations

    (a)(1) Except as provided in paragraphs (2) and (3), and subject to 
paragraph (4), of this subsection, educational assistance benefits shall 
not be afforded an eligible veteran under this chapter more than 10 
years after the date of such veteran's last discharge or release from 
active duty.
    (2)(A) If any eligible veteran was prevented from initiating or 
completing such veteran's chosen program of education during the 
delimiting period determined under paragraph (1) of this subsection 
because of a physical or mental disability which was not the result of 
such veteran's own willful misconduct, such veteran shall, upon 
application made in accordance with subparagraph (B) of this paragraph, 
be granted an extension of the applicable delimiting period for such 
length of time as the Secretary determines, from the evidence, that such 
veteran was so prevented from initiating or completing such program of 
education.
    (B) An extension of the delimiting period applicable to an eligible 
veteran may be granted under subparagraph (A) of this paragraph by 
reason of the veteran's mental or physical disability only if the 
veteran submits an application for such extension to the Secretary 
within one year after (i) the last date of the delimiting period 
otherwise applicable to the veteran under paragraph (1) of this 
subsection, or (ii) the termination date of the period of the veteran's 
mental or physical disability, whichever is later.
    (3) When an extension of the applicable delimiting period is granted 
an eligible veteran under paragraph (2) of this subsection, the 
delimiting period with respect to such veteran shall again begin to run 
on the first day after such veteran's recovery from such disability on 
which it is reasonably feasible, as determined in accordance with 
regulations prescribed by the Secretary, for such veteran to initiate or 
resume pursuit of a program of education with educational assistance 
under this chapter.
    (4) For purposes of paragraph (1) of this subsection, a veteran'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.
    (b)(1) In the event that an eligible veteran has not utilized any or 
all of such veteran's entitlement by the end of the delimiting period 
applicable to the veteran under subsection (a) of this section and at 
the end of one year thereafter has not filed a claim for utilizing such 
entitlement, such eligible veteran is automatically disenrolled.
    (2)(A) Any contributions which were made by a veteran disenrolled 
under paragraph (1) of this subsection and remain in the fund shall be 
refunded to the veteran after notice of disenrollment is transmitted to 
the veteran and the veteran applies for such refund.
    (B) If no application for refund of contributions under subparagraph 
(A) of this paragraph is received from a disenrolled veteran within one 
year after the date the notice referred to in such subparagraph is 
transmitted to the veteran, it shall be presumed that the veteran's 
whereabouts is unknown and the funds shall be transferred to the 
Secretary for payments for entitlement earned under subchapter II of 
chapter 30.

(Added Pub. L. 94-502, title IV, Sec. 404, Oct. 15, 1976, 90 Stat. 2396, 
Sec. 1632; amended Pub. L. 97-258, Sec. 3(k)(2), Sept. 13, 1982, 96 
Stat. 1065; Pub. L. 98-160, title VII, Sec. 702(8), Nov. 21, 1983, 97 
Stat 1009; Pub. L. 99-576, title III, Sec. 311, Oct. 28, 1986, 100 Stat. 
3272; Pub. L. 101-237, title IV, Secs. 420(a)(2), 423(b)(1)(A), Dec. 18, 
1989, 103 Stat. 2087, 2092; Pub. L. 102-16, Sec. 4, Mar. 22, 1991, 105 
Stat. 49; renumbered Sec. 3232 and amended Pub. L. 102-83, Sec. 5(a), 
(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104-275, title I, 
Sec. 106(c)(1), Oct. 9, 1996, 110 Stat. 3329.)


                               Amendments

    1996--Subsec. (b)(2)(B). Pub. L. 104-275 struck out ``, for the 
purposes of section 1322(a) of title 31,'' after ``it shall be 
presumed'' and substituted ``to the Secretary for payments for 
entitlement earned under subchapter II of chapter 30'' for ``as provided 
in such section''.
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1632 of this 
title as this section.
    Subsec. (a)(4). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3011(a)(1)(A)(ii)(III)'' for ``1411(a)(1)(A)(ii)(III)''.
    Subsec. (b)(1). Pub. L. 102-16 inserted before comma ``and at the 
end of one year thereafter has not filed a claim for utilizing such 
entitlement''.
    1989--Subsec. (a)(1). Pub. L. 101-237, Sec. 420(a)(2)(B), inserted 
``, and subject to paragraph (4),'' before ``of this subsection''.
    Subsec. (a)(2), (3). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    Subsec. (a)(4). Pub. L. 101-237, Sec. 420(a)(2)(A), added par. (4).
    1986--Pub. L. 99-576 amended section generally. Prior to amendment, 
section read as follows: ``No educational assistance benefits shall be 
afforded an eligible veteran under this chapter beyond the date of 10 
years after such veteran's last discharge or release from active duty. 
In the event an eligible veteran has not utilized any or all of such 
veterans' entitlement by the end of the 10-year period, such eligible 
veteran is automatically disenrolled and any contributions made by such 
veteran remaining in the fund shall be refunded to the veteran following 
notice to the veteran and an application by the veteran for such refund. 
If no application is received within 1 year from date of notice, it will 
be presumed for the purposes of section 1322(a) of title 31 that the 
individual's whereabouts is unknown and the funds shall be transferred 
as directed in such section.''
    1983--Pub. L. 98-160 struck out the comma after ``title 31'' and 
substituted ``such section'' for ``section 1322(a)''.
    1982--Pub. L. 97-258 substituted ``section 1322(a) of title 31'' and 
``section 1322(a)'' for ``subsection (a) of section 725s of title 31'' 
and ``the last proviso of that subsection'', respectively.

                  Section Referred to in Other Sections

    This section is referred to in section 3035 of this title.
