US Code

Public Law 119-73 (01/23/2026)

38 U.S.C. § 3202

Definitions

For the purposes of this chapter—
(1)
(A)
The term “eligible veteran” means any veteran who is not eligible for educational assistance under chapter 34 of this title and who (i) entered military service on or after , and before , served on active duty for a period of more than 180 days commencing on or after , and was discharged or released therefrom under conditions other than dishonorable, or (ii) entered military service on or after , and before , and was discharged or released from active duty after , for a service-connected disability.
(B)
The requirement of discharge or release, prescribed in subparagraph (A), shall be waived in the case of any participant who has completed his or her first obligated period of active duty (which began after ) or 6 years of active duty (which began after ), whichever period is less.
(C)
1
1 See References in Text note below.
For the purposes of subparagraphs (A) and (B), the term “active duty” does not include any period during which an individual (i) was assigned full time by the Armed Forces to a civilian institution for a course of education which was substantially the same as established courses offered to civilians, (ii) served as a cadet or midshipman at one of the service academies, or (iii) served under the provisions of section 511(d)  of title 10 pursuant to an enlistment in the Army National Guard or the Air National Guard, or as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve.
(D)
(i)
The requirement of ineligibility for educational assistance under chapter 34 of this title, prescribed in subparagraph (A), shall be waived in the case of a veteran described in division (ii) of this subparagraph who elects to receive benefits under this chapter instead of assistance under such chapter 34. A veteran who makes such an election shall be ineligible for assistance under such chapter. Such an election is irrevocable.
(ii)
section 3452(a)(3)(C) of this title A veteran referred to in division (i) of this subparagraph is a veteran who before , performed military service described in subparagraph (C)(iii), is entitled under to have such service considered to be “active duty” for the purposes of chapter 34 of this title, and is eligible for assistance under such chapter only by reason of having such service considered to be active duty.
(2)
The term “program of education”—
(A)
section 3452(b) of this title has the meaning given such term in , and
(B)
section 3687(a) of this titlesection 3482(a)(2) of this title includes (i) a full-time program of apprenticeship or other on-job training approved as provided in clause (1) or (2), as appropriate, of , and (ii) in the case of an individual who is not serving on active duty, a cooperative program (as defined in ).
(3)
The term “participant” is a person who is participating in the educational benefits program established under this chapter.
(4)
section 3452(c) of this title The term “educational institution” has the meaning given such term in .
(5)
section 3452(e) of this title The term “training establishment” has the meaning given such term in .

Pub. L. 94–502, title IV, § 40490 Stat. 2394Pub. L. 96–466, title IV, § 40194 Stat. 2201Pub. L. 98–223, title II, § 203(a)98 Stat. 41Pub. L. 99–576, title III100 Stat. 3270Pub. L. 100–689, title I, § 108(b)(1)102 Stat. 4169Pub. L. 102–54, § 14(c)(6)105 Stat. 285Pub. L. 102–83, § 5(a)105 Stat. 406Pub. L. 109–163, div. A, title V, § 515(e)(3)119 Stat. 3236(Added , , , § 1602; amended , , ; , , ; , §§ 309(a)(2), 310(a), , , 3271; , , ; , , ; renumbered § 3202 and amended , (c)(1), , ; , , .)

Editorial Notes

References in Text

Section 511 of title 10section 12103 of Title 10Pub. L. 103–337, div. A, title XVI, § 1662(b)(2)108 Stat. 2989, referred to in par. (1)(C)(iii), was renumbered , Armed Forces, by , , .

Prior Provisions

Pub. L. 103–446, title XII, § 1201(g)(4)(A)108 Stat. 4687Prior sections 3202 to 3205 were renumbered sections 5502 to 5505 of this title, respectively, and section 5505 was subsequently repealed by , , .

Amendments

Pub. L. 109–1632006—Par. (1)(C)(iii). substituted “Navy Reserve” for “Naval Reserve”.

Pub. L. 102–83, § 5(a)section 1602 of this title1991—, renumbered as this section.

Pub. L. 102–54Par. (1)(A). inserted comma after last reference to “1977”.

Pub. L. 102–83, § 5(c)(1)Par. (1)(D)(ii). , substituted “3452(a)(3)(C)” for “1652(a)(3)(C)”.

Pub. L. 102–83, § 5(c)(1)Par. (2). , substituted “3452(b)” for “1652(b)” in subpar. (A) and “3687(a)” for “1787(a)” and “3482(a)(2)” for “1682(a)(2)” in subpar. (B).

Pub. L. 102–83, § 5(c)(1)Pars. (4), (5). , substituted “3452(c)” for “1652(c)” in par. (4) and “3452(e)” for “1652(e)” in par. (5).

Pub. L. 100–6891988—Par. (2)(B). inserted designation “(i)” after “includes” and added cl. (ii).

Pub. L. 99–576, § 309(a)(2)1986—Par. (1)(A). , inserted “and before ,” in two places and substituted “commencing on or after ” for “commencing on or after such date” and “released from active duty after ” for “released from active duty after such date”.

Pub. L. 99–576, § 310(a)(1)Par. (2). , added par. (2) and struck out former par. (2) which read as follows: “The terms ‘program of education’ and ‘educational institution’ shall have the same meaning ascribed to them in sections 1652(b) and 1652(c), respectively, of this title.”

Pub. L. 99–576, § 310(a)(2)Pars. (4), (5). , added pars. (4) and (5).

Pub. L. 98–2231984—Par. (1)(D). added subpar. (D).

Pub. L. 96–4661980—Par. (1)(A). inserted “who is not eligible for educational assistance under chapter 34 of this title and” after “any veteran” and struck out “initially” before “entered military service” in two places.

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Pub. L. 100–689section 108(c) of Pub. L. 100–689section 3002 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1980 Amendment

Pub. L. 96–466, title VIII, § 802(d)(1)94 Stat. 2218

“The amendments made by section 401 [amending this section] shall take effect as of .”
, , , provided that:

Effective Date

section 406 of Pub. L. 94–502section 3201 of this titleSection effective , see , set out as a note under .

Transfer of Functions

section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .

Enrollment in Program Before

Pub. L. 99–576section 3201 of this titleFor provisions for continued eligibility for enrollment in the program established by this chapter until , of individuals on active duty in the Armed Forces who were eligible therefor on , and requiring notice of such continued eligibility to affected individuals, see section 309(c), (d) of , set out as a note under .