US Code

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

38 U.S.C. § 3311

Educational assistance for service in the Armed Forces commencing on or after September 11, 2001: entitlement

(a)

Entitlement .—

Subject to subsections (d) and (e), each individual described in subsection (b) is entitled to educational assistance under this chapter.
(b)

Covered Individuals .—

An individual described in this subsection is any individual as follows:
(1)
An individual who—
(A)
commencing on or after , serves an aggregate of at least 36 months on active duty in the Armed Forces (including service on active duty in entry level and skill training); and
(B)
after completion of service described in subparagraph (A)—
(i)
continues on active duty; or
(ii)
is discharged or released from active duty as described in subsection (c).
(2)
An individual—
(A)
who—
(i)
commencing on or after , serves at least 30 continuous days on active duty in the Armed Forces; and
(ii)
section 1174(i) of title 10 after completion of service described in clause (i), is discharged or released from active duty in the Armed Forces for a service-connected disability or by reason of a sole survivorship discharge (as that term is defined in ); or
(B)
who—
(i)
commencing on or after , completes at least 30 continuous days of service described in subsection (d)(1) or (2); and
(ii)
section 1174(i) of title 10 after completion of service described in clause (i), is discharged or released by reason of a sole survivorship discharge (as that term is defined in ).
(3)
An individual who—
(A)
commencing on or after , serves an aggregate of at least 30 months, but less than 36 months, on active duty in the Armed Forces (including service on active duty in entry level and skill training); and
(B)
after completion of service described in subparagraph (A)—
(i)
continues on active duty for an aggregate of less than 36 months; or
(ii)
before completion of service on active duty of an aggregate of 36 months, is discharged or released from active duty as described in subsection (c).
(4)
An individual who—
(A)
commencing on or after , serves an aggregate of at least 24 months, but less than 30 months, on active duty in the Armed Forces (including service on active duty in entry level and skill training); and
(B)
after completion of service described in subparagraph (A)—
(i)
continues on active duty for an aggregate of less than 30 months; or
(ii)
before completion of service on active duty of an aggregate of 30 months, is discharged or released from active duty as described in subsection (c).
(5)
An individual who—
(A)
commencing on or after , serves an aggregate of at least 18 months, but less than 24 months, on active duty in the Armed Forces (excluding service on active duty in entry level and skill training); and
(B)
after completion of service described in subparagraph (A)—
(i)
continues on active duty for an aggregate of less than 24 months; or
(ii)
before completion of service on active duty of an aggregate of 24 months, is discharged or released from active duty as described in subsection (c).
(6)
An individual who—
(A)
commencing on or after , serves an aggregate of at least 6 months, but less than 18 months, on active duty in the Armed Forces (excluding service on active duty in entry level and skill training); and
(B)
after completion of service described in subparagraph (A)—
(i)
continues on active duty for an aggregate of less than 18 months; or
(ii)
before completion of service on active duty of an aggregate of 18 months, is discharged or released from active duty as described in subsection (c).
(7)
An individual who—
(A)
commencing on or after , serves an aggregate of at least 90 days, but less than 6 months, on active duty in the Armed Forces (excluding service on active duty in entry level and skill training); and
(B)
after completion of service described in subparagraph (A)—
(i)
continues on active duty for an aggregate of less than 6 months; or
(ii)
before completion of service on active duty of an aggregate of 6 months, is discharged or released from active duty as described in subsection (c).
(8)
An individual who is the child or spouse of a person who, on or after , dies in line of duty while serving on active duty as a member of the Armed Forces.
(9)
An individual who is the child or spouse of a person who, on or after , dies in line of duty while serving on duty other than active duty as a member of the Armed Forces.
(10)
An individual who is the child or spouse of a member of the Selected Reserve who dies on or after , while a member of the Selected Reserve from a service-connected disability.
(11)
An individual who is awarded the Purple Heart for service in the Armed Forces occurring on or after , and continues to serve on active duty in the Armed Forces or is discharged or released from active duty as described in subsection (c).
(c)

Covered Discharges and Releases .—

A discharge or release from active duty of an individual described in this subsection is a discharge or release as follows:
(1)
A discharge from active duty in the Armed Forces with an honorable discharge.
(2)
A release after service on active duty in the Armed Forces characterized by the Secretary concerned as honorable service and placement on the retired list, transfer to the Fleet Reserve or Fleet Marine Corps Reserve, or placement on the temporary disability retired list.
(3)
section 20105 of title 10 A release from active duty in the Armed Forces for further service in a reserve component of the Armed Forces, or for further service in the Space Force in a space force active status not on sustained duty under , after service on active duty characterized by the Secretary concerned as honorable service.
(4)
A discharge or release from active duty in the Armed Forces after service on active duty in the Armed Forces characterized by the Secretary concerned as honorable service for—
(A)
a medical condition which preexisted the service of the individual as described in the applicable paragraph of subsection (b) and which the Secretary determines is not service-connected;
(B)
hardship; or
(C)
a physical or mental condition that was not characterized as a disability and did not result from the individual’s own willful misconduct but did interfere with the individual’s performance of duty, as determined by the Secretary concerned in accordance with regulations prescribed by the Secretary of Defense.
(d)

Prohibition on Treatment of Certain Service as Period of Active Duty .—

Except as provided in subsection (b)(2)(B), the following periods of service shall not be considered a part of the period of active duty on which an individual’s entitlement to educational assistance under this chapter is based:
(1)
section 2107(b) of title 10 A period of service on active duty of an officer pursuant to an agreement under .
(2)
1
1 See References in Text note below.
A period of service on active duty of an officer pursuant to an agreement under section 7448, 8459, or 9448 of title 10 or section 182  of title 14.
(3)
A period of service that is terminated because of a defective enlistment and induction based on—
(A)
the individual’s being a minor for purposes of service in the Armed Forces;
(B)
an erroneous enlistment or induction; or
(C)
a defective enlistment agreement.
(e)

Treatment of Individuals Entitled Under Multiple Provisions .—

In the event an individual entitled to educational assistance under this chapter is entitled by reason of both paragraphs (4) and (5) of subsection (b), the individual shall be treated as being entitled to educational assistance under this chapter by reason of paragraph (5) of subsection (b).
(f)

Marine Gunnery Sergeant John David Fry Scholarship.—

(1)

In general .—

Educational assistance payable by reason of paragraphs (8), (9), and (10) of subsection (b) shall be known as the “Marine Gunnery Sergeant John David Fry scholarship”.
(2)

Election on receipt of certain benefits .—

Except as provided in paragraph (3), a surviving spouse entitled to assistance under subsection (a) pursuant to paragraphs (8), (9), and (10) of subsection (b) who is also entitled to educational assistance under chapter 35 of this title may not receive assistance under both this section and such chapter, but shall make an irrevocable election (in such form and manner as the Secretary may prescribe) under which section or chapter to receive educational assistance.
(3)

Exception for certain elections.—

(A)

In general .—

An election made under paragraph (2) by a spouse described in subparagraph (B) may not be treated as irrevocable if such election occurred before the date of the enactment of this paragraph.
(B)

Eligible surviving spouse .—

A spouse described in this subparagraph is an individual—
(i)
who is entitled to assistance under subsection (a) pursuant to paragraphs (8), (9), and (10) of subsection (b); and
(ii)
who was the spouse of a member of the Armed Forces who died during the period beginning on , and ending on .
(4)

Definition of child .—

For purposes of paragraphs (8), (9), and (10) of subsection (b), the term “child” includes a married individual or an individual who is above the age of twenty-three years.

Pub. L. 110–252, title V, § 5003(a)(1)122 Stat. 2359Pub. L. 111–32, title X, § 1002(a)123 Stat. 1889Pub. L. 111–377, title I, § 101(b)124 Stat. 4107Pub. L. 113–146, title VII, § 701(a)128 Stat. 1795Pub. L. 114–315, title IV, § 401(b)130 Stat. 1553Pub. L. 115–48, title I131 Stat. 975Pub. L. 115–232, div. A, title VIII, § 809(n)(3)132 Stat. 1844Pub. L. 116–315, title I, § 1002(a)134 Stat. 4938Pub. L. 117–333, § 10(b)136 Stat. 6131Pub. L. 118–31, div. A, title XVII, § 1723(c)(2)137 Stat. 675Pub. L. 118–210, title II, § 202138 Stat. 2762(Added , , ; amended , , ; , (c), , ; , (b), , ; , (c), , ; , §§ 102(a), 105(a), (c)(1), , ; , , ; , (b)(1), , ; , (c), , , 6132; , , ; , , .)

Editorial Notes

References in Text

Section 182 of title 14Pub. L. 115–282, title I, § 110(c)(2)132 Stat. 4215, referred to in subsec. (d)(2), was repealed by , , .

Pub. L. 114–315The date of the enactment of this paragraph, referred to in subsec. (f)(3)(A), is the date of enactment of , which was approved .

Amendments

Pub. L. 118–210, § 202(1)2025—Subsec. (f)(2). –(3), redesignated par. (3) as (2), substituted “in paragraph (3)” for “in paragraph (4)”, and struck out former par. (2) which related to limitations on entitlement to educational assistance.

Pub. L. 118–210, § 202(2)Subsec. (f)(3). , redesignated par. (4) as (3). Former par. (3) redesignated (2).

Pub. L. 118–210, § 202(4)Subsec. (f)(3)(A). , substituted “under paragraph (2)” for “under paragraph (3)”.

Pub. L. 118–210, § 202(2)Subsec. (f)(4), (5). , redesignated par. (5) as (4). Former par. (4) redesignated (3).

Pub. L. 117–3332023—Subsec. (b)(2). , 10(b)(1)–(3), struck out “who” after “individual” in introductory provisions, inserted “(A) who—” after “individual—”, and redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A) and realigned margins.

Pub. L. 117–333, § 10(b)(4)section 1174(i) of title 10Subsec. (b)(2)(A)(ii). , substituted “in clause (i)” for “in subparagraph (A)” and “or by reason of a sole survivorship discharge (as that term is defined in ); or” for period at end.

Pub. L. 117–333, § 10(b)(5)Subsec. (b)(2)(B). , added subpar. (B). Former subpar. (B) redesignated (A)(ii).

Pub. L. 118–31section 20105 of title 10Subsec. (c)(3). , which directed insertion of “, or for further service in the Space Force in a space force active status not on sustained duty under ,” after “of the Armed Forces” second time appearing, was executed by making the insertion after “of the Armed Forces” the only time the phrase appeared to reflect the probable intent of Congress.

Pub. L. 117–333, § 10(c)Subsec. (d). , substituted “Except as provided in subsection (b)(2)(B), the following” for “The following” in introductory provisions.

Pub. L. 116–315, § 1002(a)2021—Subsec. (b)(9) to (11). , added pars. (9) and (10) and redesignated former par. (9) as (11).

Pub. L. 116–315, § 1002(b)(1)Subsec. (f). , substituted “paragraphs (8), (9), and (10)” for “paragraph (8)” wherever appearing.

Pub. L. 115–2322018—Subsec. (d)(2). substituted “section 7448, 8459, or 9448 of title 10” for “section 4348, 6959, or 9348 of title 10”.

Pub. L. 115–48, § 105(a)(1)2017—Subsec. (b)(6)(A). , substituted “6 months” for “12 months”.

Pub. L. 115–48, § 105(a)(2)Subsec. (b)(7) to (9). , (3), redesignated pars. (8) to (10) as (7) to (9), respectively, and struck out former par. (7) which read as follows: “An individual who—

“(A) commencing on or after , serves an aggregate of at least 6 months, but less than 12 months, on active duty in the Armed Forces (excluding service on active duty in entry level and skill training); and

“(B) after completion of service described in subparagraph (A)—

“(i) continues on active duty for an aggregate of less than 12 months; or

“(ii) before completion of service on active duty of an aggregate of 12 months, is discharged or released from active duty as described in subsection (c).”

Pub. L. 115–48, § 105(a)(3)Subsec. (b)(10). , redesignated par. (10) as (9).

Pub. L. 115–48, § 102(a), added par. (10).

Pub. L. 115–48, § 105(c)(1)Subsec. (f). , substituted “paragraph (8)” for “paragraph (9)” wherever appearing.

Pub. L. 114–315, § 401(b)(1)2016—Subsec. (f)(3). , substituted “Except as provided in paragraph (4), a surviving spouse” for “A surviving spouse”.

Pub. L. 114–315, § 401(b)(3)Subsec. (f)(4). , added par. (4). Former par. (4) redesignated (5).

Pub. L. 114–315, § 401(b)(2)Subsec. (f)(5). , (c), redesignated par. (4) as (5) and substituted “paragraph (9) of subsection (b)” for “that paragraph”.

Pub. L. 113–146, § 701(a)2014—Subsec. (b)(9). , inserted “or spouse” after “child”.

Pub. L. 113–146, § 701(b)Subsec. (f)(2) to (4). , added pars. (2) and (3) and redesignated former par. (2) as (4).

Pub. L. 111–377, § 101(b)2011—Subsec. (c)(4). , substituted “A discharge or release from active duty in the Armed Forces after service on active duty in the Armed Forces characterized by the Secretary concerned as honorable service” for “A discharge or release from active duty in the Armed Forces” in introductory provisions.

Pub. L. 111–377, § 101(c)section 182 of title 14Subsec. (d)(2). , inserted “or ” before period at end.

Pub. L. 111–32, § 1002(a)(1)2009—Subsec. (b)(9). , added par. (9).

Pub. L. 111–32, § 1002(a)(2)Subsec. (f). , added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–315, title I, § 1002(c)134 Stat. 4939

Public Law 115–48section 105(d) of Pub. L. 115–48“The amendments made by this section [amending this section and sections 3313, 3317, 3320, and 3322 of this title] shall take effect immediately after the amendments made by section 105 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 () [see set out as a note below] take effect [] and shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after .”
, , , provided that:

Effective Date of 2018 Amendment

Pub. L. 115–232section 800 of Pub. L. 115–232section 3001 of Title 10Amendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding , Armed Forces.

Effective Date of 2017 Amendment

Pub. L. 115–48, title I, § 102(c)131 Stat. 975

section 3313 of this title“The amendments made by this section [amending this section and ] shall take effect on .”
, , , provided that:

Pub. L. 115–48, title I, § 105(d)131 Stat. 977

“The amendments made by this section [amending this section and sections 3313, 3316, 3317, 3321, 3322, and 3679 of this title] shall take effect on .”
, , , provided that:

Effective Date of 2014 Amendment

Pub. L. 113–146, title VII, § 701(d)128 Stat. 1796Pub. L. 114–315, title IV, § 401(a)130 Stat. 1553

“(1)

In general .—

section 3321 of this titleThe amendments made by this section [amending this section and ] shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after .
“(2)

Deaths that occurred between , and .—

section 3311(f)(2) of title 38For purposes of , United States Code, any member of the Armed Forces who died during the period beginning on , and ending on , is deemed to have died on .”
, , , as amended by , , , provided that:

Effective Date of 2011 Amendment

Pub. L. 111–377, title I, § 101(d)(4)124 Stat. 4108

“(4)

Honorable service requirement .—

The amendment made by subsection (b) [amending this section] shall take effect on the date of the enactment of this Act [], and shall apply with respect to discharges and releases from the Armed Forces that occur on or after that date.
“(5)

Service in connection with attendance at coast guard academy .—

The amendment made by subsection (c) [amending this section] shall take effect on the date of the enactment of this Act, and shall apply with respect to individuals entering into agreements on service in the Coast Guard on or after that date.”
, (5), , , provided that:

Effective Date of 2009 Amendment

Pub. L. 111–32, title X, § 1002(d)123 Stat. 1890

“(1)

Effective date .—

The amendments made by this section [amending this section and sections 3313 and 3321 of this title] shall take effect on .
“(2)

Applicability .—

38 U.S.C. 3311(b)(8)The Secretary of Veterans Affairs shall begin making payments to individuals entitled to educational assistance by reason of paragraph (9) of section 3311(b) [now ] of title 38, United States Code, as added by subsection (a), by not later than . In the case of an individual entitled to educational assistance by reason of such paragraph for the period beginning on , and ending on , the Secretary shall make retroactive payments to such individual for such period by not later than .”
, , , provided that:

Effective Date

section 5003(d) of Pub. L. 110–252section 16163 of Title 10Section effective , see , set out as an Effective Date of 2008 Amendment note under , Armed Forces.

Construction of Covered Individuals

Pub. L. 115–48, title I, § 106(c)131 Stat. 977

Section 3311(b)(6) of title 38“, United States Code, shall be construed to include an individual who, before , established eligibility for educational assistance under chapter 1607 of title 10, United States Code, pursuant to section 16163(b) of such title, but lost such eligibility pursuant to section 16167(b) of such title.”
, , , provided that:

Temporary Expansion of Eligibility for Marine Gunnery Sergeant John David Fry Scholarship

Pub. L. 118–210, title II, § 201138 Stat. 2762

“(a)

In General .—

section 3311(b) of title 38The Secretary of Veterans Affairs shall treat an individual described in subsection (b) as a covered individual described in , United States Code.
“(b)

Covered Individual Described .—

An individual described in this subsection is an individual who is the child or spouse of a person—
“(1)
who dies from a service-connected disability during the 120-day period immediately following the day on which the person was discharged or released from duty as a member of the Armed Forces (without regard to whether such duty was active duty); and
“(2)
(A)
who received an honorable discharge; or
“(B)
whose service in the Armed Forces is characterized by the Secretary concerned as honorable service.
“(c)

Applicability .—

This section shall apply with respect to—
“(1)
deaths that occur before, on, or after the date of the enactment of this Act [Jan 2, 2025]; and
“(2)
a quarter, semester, or term, as applicable, commencing—
“(A)
on or after ; and
“(B)
before .”
, , , provided that: