38-U.S.C.-3321
§3321 – Time Limitation For Use of and Eligibility For Entitlement
Pathway
Title 38 > Part III > Chapter 33 > Subchapter III > Section 3321
Details
- Reference: Section 3321
- Legend: §3321 – Time Limitation For Use of and Eligibility For Entitlement
- USCode Year: 2013
Provision Content
(a) In General.—Except as provided in this section, the period during which an individual entitled to educational assistance under this chapter may use such individuals entitlement expires at the end of the 15-year period beginning on the date of such individuals last discharge or release from active duty.
(b) Exceptions.—
(1) Applicability of section 3031 to running of period.—Subsections (b), (c), and (d) of section 3031 shall apply with respect to the running of the 15-year period described in subsection (a) of this section in the same manner as such subsections apply under section 3031 with respect to the running of the 10-year period described in section 3031(a).
(2) Applicability of section 3031 to termination.—Section 3031(f) shall apply with respect to the termination of an individuals entitlement to educational assistance under this chapter in the same manner as such section applies to the termination of an individuals entitlement to educational assistance under chapter 30, except that, in the administration of such section for purposes of this chapter, the reference to section 3013 shall be deemed to be a reference to section 3312 of this title.
(3) Determination of last discharge or release.—For purposes of subsection (a), an individuals 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 is discharged or released as described in section 3311(b)(2).
(4) Applicability to children of deceased members.—The period during which an individual entitled to educational assistance by reason of section 3311(b)(9) may use such individuals entitlement expires at the end of the 15-year period beginning on the date of such individuals eighteenth birthday.
(Added Pub. L. 110–252, title V, §5003(a)(1), June 30, 2008, 122 Stat. 2373; amended Pub. L. 111–32, title X, §1002(c), June 24, 2009, 123 Stat. 1889; Pub. L. 111–275, title X, §1001(g)(8), Oct. 13, 2010, 124 Stat. 2896.)
Amendments
2010—Subsec. (b)(2). Pub. L. 111–275 substituted section 3312 of this title for 3312.
2009—Subsec. (b)(4). Pub. L. 111–32 added par. (4).
Effective Date of 2009 Amendment
Amendment by Pub. L. 111–32 effective Aug. 1, 2009, see section 1002(d)(1) of Pub. L. 111–32, set out as a note under section 3311 of this title.
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