§ 3031.
(a)
Except as provided in subsections (b) through (g) and subsection (i), and subject to subsection (h), of this section, the period during which an individual entitled to educational assistance under this chapter may use such individual’s entitlement expires at the end of the 10-year period beginning on the date of such individual’s last discharge or release from active duty, except that such 10-year period shall begin—
(1)
in the case of an individual who becomes entitled to such assistance under clause (A) or (B) of
section 3012(a)(1) of this title, on the later of the date of such individual’s last discharge or release from active duty or the date on which the four-year requirement described in clause (A)(ii) or (B)(ii), respectively, of such section 3012(a)(1) is met;
(2)
in the case of an individual who becomes entitled to such assistance under section 3011(a)(1)(B), on the later of the date of such individual’s last discharge or release from active duty or January 1, 1990; and
(3)
in the case of an individual who becomes entitled to such assistance under section 3011(a)(1)(C) or 3012(a)(1)(C) of this title, on December 27, 2001.
(b)
In the case of any eligible individual who has been prevented, as determined by the Secretary, from pursuing a program of education under this chapter within the 10-year period prescribed by subsection (a) of this section because such individual had not met the nature of discharge requirement of this chapter before the nature of such individual’s discharge or release was changed by appropriate authority, such 10-year period shall not run during the period of time that such individual was so prevented from pursuing such program of education.
(c)
In the case of an individual eligible for educational assistance under the provisions of this chapter who, after such individual’s last discharge or release from active duty, was detained by a foreign government or power, the 10-year period described in subsection (a) of this section shall not run (1) while such individual is so detained, or (2) during any period immediately following such individual’s release from such detention during which such individual is hospitalized at a military, civilian, or Department of Veterans Affairs medical facility.
(e)
(1)
Except as provided in paragraph (2) of this subsection, in the case of an individual described in section 3011(a)(1)(B), 3011(a)(1)(C), 3012(a)(1)(B), or 3012(a)(1)(C) of this title who is entitled to basic educational assistance under this chapter, the 10-year period prescribed in subsection (a) of this section shall be reduced by an amount of time equal to the amount of time that such individual was not serving on active duty during the period beginning on January 1, 1977, and ending on June 30, 1985.
(2)
In the case of an individual to which paragraph (1) of this subsection is applicable and who is described in
section 3452(a)(1)(B) of this title, the 10-year period prescribed in subsection (a) of this section shall not be reduced by any period in 1977 before the individual began serving on active duty.
(f)
(1)
If an individual eligible for educational assistance under this chapter is enrolled under this chapter in an educational institution regularly operated on the quarter or semester system and the period of such individual’s entitlement under this chapter would, under section 3013, expire during a quarter or semester, such period shall be extended to the end of such quarter or semester.
(2)
If an individual eligible for educational assistance under this chapter is enrolled under this chapter in an educational institution not regularly operated on the quarter or semester system and the period of such individual’s entitlement under this chapter would, under section 3013, expire after a major portion of the course is completed, such period shall be extended to the end of the course or for 12 weeks, whichever is the lesser period of extension.
(Added [Pub. L. 98–525, title VII, § 702(a)(1)], Oct. 19, 1984, [98 Stat. 2560], § 1431; amended [Pub. L. 99–576, title III], §§ 307(b), 321(7), Oct. 28, 1986, [100 Stat. 3270], 3278; [Pub. L. 100–689, title I, § 111(a)(6)], Nov. 18, 1988, [102 Stat. 4171]; [Pub. L. 101–237, title IV], §§ 420(a)(1), (b), 423(a)(4), (b)(1), Dec. 18, 1989, [103 Stat. 2087], 2088, 2091, 2092; renumbered § 3031 and amended [Pub. L. 102–83, § 5(a)], (c)(1), Aug. 6, 1991, [105 Stat. 406]; [Pub. L. 102–568, title III, § 302(a)(3)], Oct. 29, 1992, [106 Stat. 4327]; [Pub. L. 106–117, title VII, § 702(b)],