
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: 38USC3461]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
              CHAPTER 34--VETERANS' EDUCATIONAL ASSISTANCE
 
               SUBCHAPTER II--ELIGIBILITY AND ENTITLEMENT
 
Sec. 3461. Eligibility; entitlement; duration


                               Entitlement

    (a) Except as provided in subsection (c) and in the second sentence 
of this subsection, each eligible veteran shall be entitled to 
educational assistance under this chapter or chapter 36 for a period of 
one and one-half months (or the equivalent thereof in part-time 
educational assistance) for each month or fraction thereof of the 
veteran's service on active duty after January 31, 1955. If an eligible 
veteran has served a period of 18 months or more on active duty after 
January 31, 1955, and has been released from such service under 
conditions that would satisfy the veteran's active duty obligation, the 
veteran shall be entitled to educational assistance under this chapter 
for a period of 45 months (or the equivalent thereof in part-time 
educational assistance). In the case of any person serving on active 
duty on December 31, 1976, or a person whose eligibility is based on 
section 3452(a)(1)(B) of this chapter, the ending date for computing 
such person's entitlement shall be the date of such person's first 
discharge or release from active duty after December 31, 1976.

                         Entitlement Limitations

    (b) Whenever the period of entitlement under this section of an 
eligible veteran who is enrolled in an educational institution regularly 
operated on the quarter or semester system ends during a quarter or 
semester, such period shall be extended to the termination of such 
unexpired quarter or semester. In educational institutions not operated 
on the quarter or semester system, whenever the period of eligibility 
ends after a major portion of the course is completed such period shall 
be extended to the end of the course or for twelve weeks, whichever is 
the lesser period.
    (c) Except as provided in subsection (b) and in subchapter V of this 
chapter, no eligible veteran shall receive educational assistance under 
this chapter in excess of 45 months.

(Added Pub. L. 89-358, Sec. 2, Mar. 3, 1966, 80 Stat. 13, Sec. 1661; 
amended Pub. L. 90-77, title III, Sec. 306(b)(2), Aug. 31, 1967, 81 
Stat. 188; Pub. L. 90-631, Sec. 1(b), Oct. 23, 1968, 82 Stat. 1331; Pub. 
L. 91-219, title II, Sec. 204(a)(1), Mar. 26, 1970, 84 Stat. 79; Pub. L. 
92-540, title IV, Sec. 401(1), Oct. 24, 1972, 86 Stat. 1089; Pub. L. 93-
508, title II, Sec. 202, Dec. 3, 1974, 88 Stat. 1581; Pub. L. 94-502, 
title II, Secs. 203, 211(2), title IV, Sec. 403(a), Oct. 15, 1976, 90 
Stat. 2386, 2388, 2393; Pub. L. 96-466, title VI, Sec. 601(b), Oct. 17, 
1980, 94 Stat. 2208; renumbered Sec. 3461 and amended Pub. L. 102-83, 
Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)


                            Prior Provisions

    Provisions similar to those comprising subsecs. (a) to (c) of this 
section were contained in Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1176, 
which was classified to former sections 1610 and 1611(a), 1611(a)(2), 
(3), and 1611(b) of this title, respectively, prior to repeal by section 
4(a) of Pub. L. 89-358.


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1661 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3452(a)(1)(B)'' for ``1652(a)(1)(B)''.
    1980--Subsec. (c). Pub. L. 96-466 substituted ``subchapter V of this 
chapter'' for ``subchapters V and VI of this chapter''.
    1976--Subsec. (a). Pub. L. 94-502, Secs. 203(1), 211(2), 403(a), 
substituted ``45 months'' for ``36 months'', ``the veteran's'' for 
``his'' in two places, and ``the veteran'' for ``he'', inserted 
provision establishing the final date of entitlement for person serving 
on active duty on Dec. 31, 1976 or whose eligibility is based on section 
1652(a)(1)(B) of this title as the date of discharge or release from 
active duty after Dec. 31, 1976, and struck out provision which 
authorized an additional number of months not exceeding nine to be used 
for a program leading to a standard undergraduate degree.
    Subsec. (c). Pub. L. 94-502, Sec. 203(2), substituted ``subsection 
(b)'' for ``subsections (a) and (b)'' and ``45 months'' for ``thirty-six 
months''.
    1974--Subsec. (a). Pub. L. 93-508, Sec. 202(1), inserted ``plus an 
additional number of months, not exceeding nine, as may be utilized in 
pursuit of a program of education leading to a standard undergraduate 
college degree''.
    Subsec. (c). Pub. L. 93-508, Sec. 202(2), inserted reference to 
subsec. (a).
    1972--Subsec. (a). Pub. L. 92-540 inserted reference to chapter 36.
    1970--Subsec. (c). Pub. L. 91-219 substituted ``subchapters V and VI 
of this chapter'' for ``section 1678 of this title''.
    1968--Subsec. (a). Pub. L. 90-631, Sec. 1(b)(1), substituted 
references to subsec. (c) and the second sentence of this subsec. for 
reference to subsec. (b), increased from one month to one and one-half 
months the amount of educational assistance each eligible veteran shall 
receive for each month or fraction thereof of active duty service after 
Jan. 31, 1955, and inserted provisions that an eligible veteran who has 
served 18 months or more on active duty after Jan. 31, 1955, and has 
been released under conditions that would satisfy his active duty 
obligation, shall be entitled to educational assistance under this 
chapter for a period of 36 months.
    Subsec. (b). Pub. L. 90-631, Sec. 1(b)(2), (3), redesignated subsec. 
(c) as (b). Former subsec. (b), which set forth entitlement limitations 
on the amount of educational assistance an eligible veteran, shall 
receive under this chapter, was struck out.
    Subsec. (c). Pub. L. 90-631, Sec. 1(b), (3), (4), added subsec. (c). 
Former subsec. (c) redesignated (b).
    Subsec. (d). Pub. L. 90-631, Sec. 1(b)(2), struck out subsec. (d) 
which required an eligible veteran to elect either educational 
assistance or vocational rehabilitation when such veteran is entitled to 
both, or becomes entitled to vocational rehabilitation after receiving 
educational assistance.
    1967--Subsec. (b). Pub. L. 90-77 inserted ``and in section 1678 of 
this chapter'' after ``subsection (c)''.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as 
otherwise specifically provided, see section 802(f) of Pub. L. 96-466, 
set out as an Effective Date note under section 5314 of this title.


                    Effective Date of 1976 Amendment

    Amendment by sections 203 and 211(2) of Pub. L. 94-502 effective 
Oct. 1, 1976, and Oct. 15, 1976, respectively, see section 703(a), (b) 
of Pub. L. 94-502, set out as an Effective Date note under section 3693 
of this title.
    Amendment by section 403(a) of Pub. L. 94-502 effective Jan. 1, 
1977, see section 406 of Pub. L. 94-502, set out as a note under section 
3201 of this title.


                    Effective Date of 1974 Amendment

    Amendment by Pub. L. 93-508 effective Dec. 3, 1974, see section 503 
of Pub. L. 93-508, set out as a note under section 3452 of this title.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-631 effective first day of second calendar 
month which begins after Oct. 23, 1968, see section 6(a) of Pub. L. 90-
631, set out as an Effective Date note under section 3500 of this title.


                    Effective Date of 1967 Amendment

    Amendment by Pub. L. 90-77 effective first day of first calendar 
month which begins more than ten days after Aug. 31, 1967, see section 
405 of Pub. L. 90-77, set out as a note under section 101 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3452, 3462, 3482, 3493, 3698 
of this title.
