
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-14 Section 8(a)(5)]
[CITE: 38USC3462]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
              CHAPTER 34--VETERANS' EDUCATIONAL ASSISTANCE
 
               SUBCHAPTER II--ELIGIBILITY AND ENTITLEMENT
 
Sec. 3462. Time limitations for completing a program of 
        education
        

                    Delimiting Period for Completion

    (a)(1) Subject to paragraph (4) of this subsection, no educational 
assistance shall be afforded an eligible veteran under this chapter 
beyond the date 10 years after the veteran's last discharge or release 
from active duty after January 31, 1955; except that, in the case of any 
eligible veteran who was prevented from initiating or completing such 
veteran's chosen program of education within such time period 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 within one year after (A) the last date of the delimiting period 
otherwise applicable under this section, (B) the termination of the 
period of such mental or physical disability, or (C) October 1, 1980, 
whichever is the latest, 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. When an extension of the 
applicable delimiting period is granted a veteran under the preceding 
sentence, the delimiting period with respect to such veteran will again 
begin running on the first day following such veteran's recovery from 
such disability on which it is reasonably feasible, as determined in 
accordance with regulations which the Secretary shall prescribe, for 
such veteran to initiate or resume pursuit of a program of education 
with educational assistance under this chapter.
    (2)(A) Notwithstanding the provisions of paragraph (1) of this 
subsection, any veteran shall be permitted to use any of such veteran's 
unused entitlement under section 3461 of this title for the purposes of 
eligibility for an education loan, pursuant to the provisions of 
subchapter III of chapter 36 of this title, after the delimiting date 
otherwise applicable to such veteran under such paragraph (1), if such 
veteran was pursuing an approved program of education on a full-time 
basis at the time of the expiration of such veteran's eligibility.
    (B) Notwithstanding any other provision of this chapter or chapter 
36 of this title, any veteran whose delimiting period is extended under 
subparagraph (A) of this paragraph may continue to use any unused loan 
entitlement under this paragraph as long as the veteran continues to be 
enrolled on a full-time basis in pursuit of the approved program of 
education in which such veteran was enrolled at the time of expiration 
of such veteran's eligibility (i) until such entitlement is exhausted, 
(ii) until the expiration of two years after November 23, 1977, or the 
date of the expiration of the delimiting date otherwise applicable to 
such veteran under paragraph (1) of this subsection, whichever is later, 
or (iii) until such veteran has completed the approved program of 
education in which such veteran was enrolled at the end of the 
delimiting period referred to in paragraph (1) of this subsection, 
whichever occurs first.
    (3)(A) Subject to subparagraph (C) of this paragraph and 
notwithstanding the provisions of paragraph (1) of this subsection, an 
eligible veteran who served on active duty during the Vietnam era shall 
be permitted to use any of such veteran's unused entitlement under 
section 3461 of this title for the purpose of pursuing--
        (i) a program of apprenticeship or other on-job training;
        (ii) a course with an approved vocational objective; or
        (iii) a program of secondary education, if the veteran does not 
    have a secondary school diploma (or an equivalency certificate).

    (B) Upon completion of a program or course pursued by virtue of 
eligibility provided by this paragraph, the Secretary shall provide the 
veteran with such employment counseling as may be necessary to assist 
the veteran in obtaining employment consistent with the veteran's 
abilities, aptitudes, and interests.
    (C)(i) Educational assistance shall be provided a veteran for 
pursuit of a program or course described in clause (i) or (ii) of 
subparagraph (A) of this paragraph using eligibility provided by this 
paragraph unless the Secretary determines, based on an examination of 
the veteran's employment and training history, that the veteran is not 
in need of such a program or course in order to obtain a reasonably 
stable employment situation consistent with the veteran's abilities and 
aptitudes. Any such determination shall be made in accordance with 
regulations which the Secretary shall prescribe.
    (ii) Educational assistance provided a veteran for pursuit of a 
program described in clause (iii) of subparagraph (A) of this paragraph 
using eligibility provided by this paragraph shall be provided at the 
rate determined under section 3491(b)(2) of this title.
    (D) Educational assistance may not be provided by virtue of this 
paragraph after December 31, 1984.
    (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.

                         Correction of Discharge

    (b) In the case of any eligible veteran who has been prevented, as 
determined by the Secretary, from completing a program of education 
under this chapter within the period prescribed by subsection (a), 
because the veteran had not met the nature of discharge requirements of 
this chapter before a change, correction, or modification of a discharge 
or dismissal made pursuant to section 1553 of title 10, the correction 
of the military records of the proper service department under section 
1552 of title 10, or other corrective action by competent authority, 
then the 10-year delimiting period shall run from the date the veteran's 
discharge or dismissal was changed, corrected, or modified.

                             Savings Clause

    (c) In the case of any eligible veteran who was discharged or 
released from active duty before June 1, 1966, the 10-year delimiting 
period shall run from such date, if it is later than the date which 
otherwise would be applicable. In the case of any eligible veteran who 
was discharged or released from active duty before August 31, 1967, and 
who pursues a course of farm cooperative training, apprenticeship or 
other training on the job, the 10-year delimiting period shall run from 
August 31, 1967, if it is later than the date which would otherwise be 
applicable.
    (d) In the case of any veteran (1) who served on or after January 
31, 1955, (2) who became eligible for educational assistance under the 
provisions of this chapter or chapter 36 of this title, and (3) who, 
subsequent to the veteran's last discharge or release from active duty, 
was captured and held as a prisoner of war by a foreign government or 
power, there shall be excluded, in computing the veteran's 10-year 
period of eligibility for educational assistance, any period during 
which the veteran was so detained and any period immediately following 
the veteran's release from such detention during which the veteran was 
hospitalized at a military, civilian, or Department of Veterans Affairs 
medical facility.
    (e) No educational assistance shall be afforded any eligible veteran 
under this chapter or chapter 36 of this title after December 31, 1989.

(Added Pub. L. 89-358, Sec. 2, Mar. 3, 1966, 80 Stat. 14, Sec. 1662; 
amended Pub. L. 90-77, title III, Sec. 305, Aug. 31, 1967, 81 Stat. 188; 
Pub. L. 93-337, Sec. 1, July 10, 1974, 88 Stat. 292; Pub. L. 94-502, 
title II, Sec. 211(3), title IV, Sec. 403(b), Oct. 15, 1976, 90 Stat. 
2388, 2393; Pub. L. 95-202, title II, Sec. 203(a)(1), (b)(1), Nov. 23, 
1977, 91 Stat. 1439; Pub. L. 96-466, title III, Sec. 301, Oct. 17, 1980, 
94 Stat. 2191; Pub. L. 97-35, title XX, Sec. 2003(b)(1), Aug. 13, 1981, 
95 Stat. 782; Pub. L. 97-72, title II, Sec. 201(a), Nov. 3, 1981, 95 
Stat. 1054; Pub. L. 97-295, Sec. 4(39), Oct. 12, 1982, 96 Stat. 1307; 
Pub. L. 97-306, title II, Sec. 206(a), Oct. 14, 1982, 96 Stat. 1435; 
Pub. L. 98-160, title VII, Sec. 702(10), Nov. 21, 1983, 97 Stat. 1009; 
Pub. L. 101-237, title IV, Secs. 420(a)(3), 423(b)(1), Dec. 18, 1989, 
103 Stat. 2087, 2092; renumbered Sec. 3462 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) and (b) of this 
section were contained in Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1176, 
which was classified to former sections 1612(c) and 1613(a), and 1612(a) 
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 1662 of this 
title as this section.
    Subsec. (a)(2)(A), (3)(A). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3461'' for ``1661''.
    Subsec. (a)(3)(C)(ii). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3491(b)(2)'' for ``1691(b)(2)''.
    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)''.
    1989--Subsec. (a)(1). Pub. L. 101-237, Sec. 423(b)(1)(A), 
substituted ``Secretary'' for ``Administrator'' wherever appearing.
    Pub. L. 101-237, Sec. 420(a)(3)(B), substituted ``Subject to 
paragraph (4) of this subsection, no'' for ``No''.
    Subsec. (a)(3)(B), (C)(i). 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)(3)(A), added par. (4).
    Subsec. (b). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted 
``Secretary'' for ``Administrator''.
    Subsec. (d). Pub. L. 101-237, Sec. 423(b)(1)(B), substituted 
``Department of Veterans Affairs'' for ``Veterans' Administration''.
    1983--Subsec. (a)(1)(C). Pub. L. 98-160 substituted ``October 1, 
1980'' for ``the effective date of the Veterans' Rehabilitation and 
Education Amendments of 1980''.
    1982--Subsec. (a)(2)(B). Pub. L. 97-295, Sec. 4(39)(A), substituted 
``November 23, 1977,'' for ``the date of enactment of this paragraph''.
    Subsec. (a)(3)(C)(i). Pub. L. 97-306, Sec. 206(a)(1), substituted 
``shall'' for ``may'' after ``Educational assistance'', and substituted 
``unless the Administrator determines, based on an examination of the 
veteran's employment and training history, that the veteran is not in 
need of such a program or course in order to obtain a reasonably stable 
employment situation consistent with the veteran's abilities and 
aptitudes'' for ``only if the veteran has been determined by the 
Administrator to be in need of such a program or course in order to 
achieve a suitable occupational or vocational objective''.
    Subsec. (a)(3)(D). Pub. L. 97-306, Sec. 206(a)(2), substituted 
``December 31, 1984'' for ``December 31, 1983''.
    Subsec. (c). Pub. L. 97-295, Sec. 4(39)(B), substituted ``June 1, 
1966'' for ``the date for which an educational assistance allowance is 
first payable under this chapter'', ``August 31, 1967,'' for ``the date 
of enactment of this sentence'' after ``active duty before'', and 
``August 31, 1967'' for ``the date of enactment of this sentence'' after 
``shall run from''.
    1981--Subsec. (a)(3). Pub. L. 97-72 added par. (3).
    Subsec. (c). Pub. L. 97-35 struck out provisions relating to 
applicability to flight training.
    1980--Subsec. (a)(1). Pub. L. 96-466 inserted ``made within one year 
after (A) the last date of the delimiting period otherwise applicable 
under this section, (B) the termination of the period of such mental or 
physical disability, or (C) the effective date of the Veterans' 
Rehabilitation and Education Amendments of 1980, whichever is the 
latest'' after ``application'', inserted ``so'' after ``that such 
veteran was''; and inserted provision relating to the running of the 
delimiting period when an extension of the applicable delimiting period 
is granted a veteran.
    1977--Subsec. (a). Pub. L. 95-202 designated existing provisions as 
par. (1), added par. (2), and inserted ``except that, in the case of any 
eligible veteran who was prevented from initiating or completing such 
veteran's chosen program of education within such time period because of 
a physical or mental disability which was not the result of such 
veteran's own willful misconduct, such veteran shall, upon application, 
be granted an extension of the applicable delimiting period for such 
length of time as the Administrator determines, from the evidence, that 
such veteran was prevented from initiating or completing such program of 
education'' after ``active duty after January 31, 1955'' in par. (1) as 
so redesignated.
    1976--Subsec. (a). Pub. L. 94-502, Sec. 211(3), substituted ``the 
veteran's'' for ``his''.
    Subsecs. (b), (d). Pub. L. 94-502, Sec. 211(3), substituted ``the 
veteran's'' for ``his'' and ``the veteran'' for ``he'', wherever 
appearing.
    Subsec. (e). Pub. L. 94-502, Sec. 403(b), added subsec. (e).
    1974--Subsec. (a). Pub. L. 93-337, Sec. 1(1), substituted ``10'' for 
``eight''.
    Subsec. (b). Pub. L. 93-337, Sec. 1(2), substituted ``10-year'' for 
``8-year''.
    Subsec. (c). Pub. L. 93-337, Sec. 1(3), substituted ``10-year'' for 
``8-year'' and ``eight year,'' respectively.
    Subsec. (d). Pub. L. 93-337, Sec. 1(4), added subsec. (d).
    1967--Subsec. (c). Pub. L. 90-77 inserted second sentence respecting 
commencement of the delimiting period in the case of an eligible veteran 
discharged from active duty and pursuing training on the job or flight 
training.


                    Effective Date of 1982 Amendment

    Section 206(c) of Pub. L. 97-306 provided that: ``The amendments 
made by subsection (a) [amending this section] shall take effect as of 
January 1, 1982.''


                    Effective Date of 1981 Amendments

    Section 201(b) of Pub. L. 97-72 provided that: ``The amendment made 
by subsection (a) [amending this section] shall take effect on January 
1, 1982.''
    Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as 
otherwise provided, see section 2006 of Pub. L. 97-35, set out as a note 
under section 3231 of this title.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as 
otherwise specifically provided, see section 802(c) of Pub. L. 96-466, 
set out as a note under section 3452 of this title.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-202 effective retroactively to May 31, 1976, 
see section 501 of Pub. L. 95-202, set out as a note under section 101 
of this title.


                    Effective Date of 1976 Amendment

    Amendment by section 211(3) of Pub. L. 94-502 effective Oct. 15, 
1976, see section 703(b) of Pub. L. 94-502, set out as an Effective Date 
note under section 3693 of this title.
    Amendment by section 403(b) of Pub. L. 94-502 effective Jan. 1, 
1977, see section 406 of Pub. L. 94-502, set out as an Effective Date 
note under section 3201 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.


                         Proposal of Regulations

    Section 206(b) of Pub. L. 97-306 directed Administrator of Veterans' 
Affairs to publish, not later than 30 days after Oct. 14, 1982, proposed 
regulations under subsec. (a)(3)(C)(i) of this section and to publish, 
not later than 90 days after Oct. 14, 1982, final regulations under 
subsec. (a)(3)(C)(i).


          Extension of Time for Pursuit of Educational Programs

    Pub. L. 93-293, May 31, 1974, 88 Stat. 176, provided that the eight-
year delimiting date for pursuit of educational programs under this 
chapter for eligible veterans discharged or released from active duty 
between Jan. 31, 1955, and Sept. 1, 1966, with certain exceptions, was 
to run from July 1, 1966.

                  Section Referred to in Other Sections

    This section is referred to in sections 3512, 3698 of this title.
