38 USC 3321 - Time limitation for use of and eligibility for entitlement

U.S Code last checked for updates: May 18, 2024

§ 3321.

Time limitation for use of and eligibility for entitlement

(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 individual’s entitlement—

(1)

in the case of an individual whose last discharge or release from active duty is before January 1, 2013, expires at the end of the 15-year period beginning on the date of such discharge or release; or

(2)

in the case of an individual whose last discharge or release from active duty is on or after January 1, 2013, shall not expire.

(b)

Exceptions.—

(1)

Applicability of section 3031 to running of period.—

(A)

Subsections (b), (c), (d), and (i) 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).

(B)

Subsection (i) of section 3031 shall apply with respect to the running of the 15-year period described in paragraphs (4)(A) and (5)(A) of this subsection in the same manner as such subsection applies under section 3031 of this title with respect to the running of the 10-year period described in section 3031(a) of this title.

(2)

Applicability of section 3031 to termination.—

Section 3031(f) shall apply with respect to the termination of an individual’s entitlement to educational assistance under this chapter in the same manner as such section applies to the termination of an individual’s 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 individual’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 is discharged or released as described in section 3311(b)(2).

(4)

Applicability to children of deceased members.—

The period during which a child entitled to educational assistance by reason of section 3311(b)(8) of this title may use such child’s entitlement—

(A)

in the case of a child who first becomes entitled to such entitlement before January 1, 2013, expires at the end of the 15-year period beginning on the date of such child’s eighteenth birthday; or

(B)

in the case of a child who first becomes entitled to such entitlement on or after January 1, 2013, shall not expire.

(5)

Applicability to spouses of deceased members.—

The period during which a spouse entitled to educational assistance by reason of section 3311(b)(9) 1

 See References in Text note below.

may use such spouse’s entitlement—

(A)

in the case of a spouse who first becomes entitled to such entitlement before January 1, 2013, expires at the end of the 15-year period beginning on the date on which the spouse first becomes entitled to such entitlement; or

(B)

in the case of a spouse who first becomes entitled to such entitlement on or after January 1, 2013, shall not expire.

(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; Pub. L. 113–146, title VII, § 701(c), Aug. 7, 2014, 128 Stat. 1796;

cite as: 38 USC 3321