38 U.S.C. § 3461 | Eligibility; entitlement; duration

(a)

Entitlement .—

January 31, 1955January 31, 1955December 31, 1976December 31, 1976Except as provided in subsection (c) and in the second sentence of this subsection, each eligible veteran shall be entitled to educational assistance under this chapter or chapter 36 for a period of one and one-half months (or the equivalent thereof in part-time educational assistance) for each month or fraction thereof of the veteran’s service on active duty after . If an eligible veteran has served a period of 18 months or more on active duty after , and has been released from such service under conditions that would satisfy the veteran’s active duty obligation, the veteran shall be entitled to educational assistance under this chapter for a period of 45 months (or the equivalent thereof in part-time educational assistance). In the case of any person serving on active duty on , or a person whose eligibility is based on section 3452(a)(1)(B) of this chapter, the ending date for computing such person’s entitlement shall be the date of such person’s first discharge or release from active duty after .

(b)

Entitlement Limitations .—

Whenever the period of entitlement under this section of an eligible veteran who is enrolled in an educational institution regularly operated on the quarter or semester system ends during a quarter or semester, such period shall be extended to the termination of such unexpired quarter or semester. In educational institutions not operated on the quarter or semester system, whenever the period of eligibility ends after a major portion of the course is completed such period shall be extended to the end of the course or for twelve weeks, whichever is the lesser period.

(c)

Duration of Entitlement .—

Except as provided in subsection (b) and in subchapter V of this chapter, no eligible veteran shall receive educational assistance under this chapter in excess of 45 months.

Pub. L. 89–358, § 2Mar. 3, 196680 Stat. 13 Pub. L. 90–77, title III, § 306(b)(2)Aug. 31, 196781 Stat. 188 Pub. L. 90–631, § 1(b)Oct. 23, 196882 Stat. 1331 Pub. L. 91–219, title II, § 204(a)(1)Mar. 26, 197084 Stat. 79 Pub. L. 92–540, title IV, § 401(1)Oct. 24, 197286 Stat. 1089 Pub. L. 93–508, title II, § 202Dec. 3, 197488 Stat. 1581 Pub. L. 94–502, title IIOct. 15, 197690 Stat. 2386 Pub. L. 96–466, title VI, § 601(b)Oct. 17, 198094 Stat. 2208 Pub. L. 102–83, § 5(a)Aug. 6, 1991105 Stat. 406 Pub. L. 109–233, title V, § 503(8)(A)June 15, 2006120 Stat. 416(Added , , , § 1661; amended , , ; , , ; , , ; , , ; , , ; , §§ 203, 211(2), title IV, § 403(a), , , 2388, 2393; , , ; renumbered § 3461 and amended , (c)(1), , ; , (B), , .)

Editorial Notes

Prior Provisions

Pub. L. 85–857Sept. 2, 195872 Stat. 1176 section 4(a) of Pub. L. 89–358Provisions similar to those comprising subsecs. (a) to (c) of this section were contained in , , , which was classified to former sections 1610 and 1611(a), 1611(a)(2), (3), and 1611(b) of this title, respectively, prior to repeal by .

Amendments

Pub. L. 109–233, § 503(8)(A)2006—Subsecs. (a), (b). , revised style of headings.

Pub. L. 109–233, § 503(8)(B)Subsec. (c). , inserted heading.

Pub. L. 102–83, § 5(a)section 1661 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 5(c)(1)Subsec. (a). , substituted “3452(a)(1)(B)” for “1652(a)(1)(B)”.

Pub. L. 96–4661980—Subsec. (c). substituted “subchapter V of this chapter” for “subchapters V and VI of this chapter”.

Pub. L. 94–502Dec. 31, 1976section 1652(a)(1)(B) of this titleDec. 31, 19761976—Subsec. (a). , §§ 203(1), 211(2), 403(a), substituted “45 months” for “36 months”, “the veteran’s” for “his” in two places, and “the veteran” for “he”, inserted provision establishing the final date of entitlement for person serving on active duty on or whose eligibility is based on as the date of discharge or release from active duty after , and struck out provision which authorized an additional number of months not exceeding nine to be used for a program leading to a standard undergraduate degree.

Pub. L. 94–502, § 203(2)Subsec. (c). , substituted “subsection (b)” for “subsections (a) and (b)” and “45 months” for “thirty-six months”.

Pub. L. 93–508, § 202(1)1974—Subsec. (a). , inserted “plus an additional number of months, not exceeding nine, as may be utilized in pursuit of a program of education leading to a standard undergraduate college degree”.

Pub. L. 93–508, § 202(2)Subsec. (c). , inserted reference to subsec. (a).

Pub. L. 92–5401972—Subsec. (a). inserted reference to chapter 36.

Pub. L. 91–219 section 1678 of this title1970—Subsec. (c). substituted “subchapters V and VI of this chapter” for “”.

Pub. L. 90–631, § 1(b)(1)Jan. 31, 1955Jan. 31, 19551968—Subsec. (a). , substituted references to subsec. (c) and the second sentence of this subsec. for reference to subsec. (b), increased from one month to one and one-half months the amount of educational assistance each eligible veteran shall receive for each month or fraction thereof of active duty service after , and inserted provisions that an eligible veteran who has served 18 months or more on active duty after , and has been released under conditions that would satisfy his active duty obligation, shall be entitled to educational assistance under this chapter for a period of 36 months.

Pub. L. 90–631, § 1(b)(2)Subsec. (b). , (3), redesignated subsec. (c) as (b). Former subsec. (b), which set forth entitlement limitations on the amount of educational assistance an eligible veteran, shall receive under this chapter, was struck out.

Pub. L. 90–631, § 1(b)Subsec. (c). , (3), (4), added subsec. (c). Former subsec. (c) redesignated (b).

Pub. L. 90–631, § 1(b)(2)Subsec. (d). , struck out subsec. (d) which required an eligible veteran to elect either educational assistance or vocational rehabilitation when such veteran is entitled to both, or becomes entitled to vocational rehabilitation after receiving educational assistance.

Pub. L. 90–771967—Subsec. (b). inserted “and in section 1678 of this chapter” after “subsection (c)”.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Pub. L. 96–466Oct. 1, 1980section 802(f) of Pub. L. 96–466 section 5314 of this titleAmendment by effective , except as otherwise specifically provided, see , set out as an Effective Date note under .

Effective Date of 1976 Amendment

Pub. L. 94–502Oct. 1, 1976Oct. 15, 1976Pub. L. 94–502 section 3693 of this titleAmendment by sections 203 and 211(2) of effective , and , respectively, see section 703(a), (b) of , set out as an Effective Date note under .

section 403(a) of Pub. L. 94–502Jan. 1, 1977section 406 of Pub. L. 94–502 section 3201 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1974 Amendment

Pub. L. 93–508Dec. 3, 1974section 503 of Pub. L. 93–508 section 3452 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1968 Amendment

Pub. L. 90–631Oct. 23, 1968section 6(a) of Pub. L. 90–631 section 3500 of this titleAmendment by effective first day of second calendar month which begins after , see , set out as an Effective Date note under .

Effective Date of 1967 Amendment

Pub. L. 90–77Aug. 31, 1967section 405 of Pub. L. 90–77 section 101 of this titleAmendment by effective first day of first calendar month which begins more than ten days after , see , set out as a note under .