US Code

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

38 U.S.C. § 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 , 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 , 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)
section 3031 of this titlesection 3031(a) of this title 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 with respect to the running of the 10-year period described in .
(2)

Applicability of section 3031 to termination .—

section 3312 of this titleSection 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 .
(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 .—

section 3311(b)(8) of this titleThe period during which a child entitled to educational assistance by reason of may use such child’s entitlement—
(A)
in the case of a child who first becomes entitled to such entitlement before , 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 , shall not expire.
(5)

Applicability to spouses of deceased members .—

1
1 See References in Text note below.
The period during which a spouse entitled to educational assistance by reason of section 3311(b)(9)  may use such spouse’s entitlement—
(A)
in the case of a spouse who first becomes entitled to such entitlement before , 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 , shall not expire.

Pub. L. 110–252, title V, § 5003(a)(1)122 Stat. 2373Pub. L. 111–32, title X, § 1002(c)123 Stat. 1889Pub. L. 111–275, title X, § 1001(g)(8)124 Stat. 2896Pub. L. 113–146, title VII, § 701(c)128 Stat. 1796Pub. L. 115–48, title I131 Stat. 976Pub. L. 116–61, § 6(4)133 Stat. 1117Pub. L. 117–328, div. U, title II, § 232(b)136 Stat. 5457Pub. L. 117–333, § 3(b)(1)136 Stat. 6126(Added , , ; amended , , ; , , ; , , ; , §§ 105(c)(5), 112, , , 984; , , ; , , ; , , .)

Editorial Notes

References in Text

section 3311 of this titlePub. L. 115–48, title I131 Stat. 975Subsection (b)(9) of , referred to in subsec. (b)(5), was redesignated subsection (b)(8) by , §105(a)(3), , .

Amendments

Pub. L. 117–333Pub. L. 117–3282023—Subsec. (b)(1). made amendment substantially identical to that made by . See 2022 Amendment note below.

Pub. L. 117–3282022—Subsec. (b)(1). designated existing provisions as subpar. (A), substituted “(d), and (i)” for “and (d)”, and added subpar. (B).

Pub. L. 116–612019—Subsec. (a)(1). substituted “January” for “January,”.

Pub. L. 115–48, § 112(a)2017—Subsec. (a). , substituted “individual’s entitlement—” for “individual’s entitlement expires at the end of the 15-year period beginning on the date of such individual’s last discharge or release from active duty.” and added pars. (1) and (2).

Pub. L. 115–48, § 112(b)Subsec. (b)(4). , inserted “of this title” after “section 3311(b)(9)”, substituted “child’s entitlement—” for “child’s entitlement expires at the end of the 15-year period beginning on the date of such child’s eighteenth birthday.”, and added subpars. (A) and (B).

Pub. L. 115–48, § 105(c)(5), substituted “section 3311(b)(8)” for “section 3311(b)(9)”.

Pub. L. 115–48, § 112(c)Subsec. (b)(5). , added par. (5).

Pub. L. 113–1462014—Subsec. (b)(4). substituted “a child” for “an individual” and, in two places, “such child’s” for “such individual’s”.

Pub. L. 111–275section 3312 of this title2010—Subsec. (b)(2). substituted “” for “3312”.

Pub. L. 111–322009—Subsec. (b)(4). added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

section 105(c)(5) of Pub. L. 115–48section 105(d) of Pub. L. 115–48section 3311 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 2014 Amendment

Pub. L. 113–146section 701(d) of Pub. L. 113–146section 3311 of this titleAmendment by applicable with respect to a quarter, semester, or term, as applicable, commencing on or after , with provision for deaths occurring between , and , see , set out as a note under .

Effective Date of 2009 Amendment

Pub. L. 111–32section 1002(d)(1) of Pub. L. 111–32section 3311 of this titleAmendment by effective , see , set out as a note under .

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.

Extension of Time Limitations for Use of Entitlement: Post-9/11 Educational Assistance

Pub. L. 116–140, § 6(b)(1)134 Stat. 632Pub. L. 117–333, § 3(f)136 Stat. 6128, , , which temporarily provided for an extension to use entitlements for post-9/11 educational assistance, was repealed by , , . See subsec. (b)(1)(B) of this section.