38 U.S.C. § 3462 | Time limitations for completing a program of education

(a)

Delimiting Period for Completion .—

(1)

January 31, 1955October 1, 1980 Subject to paragraph (4) of this subsection, no educational assistance shall be afforded an eligible veteran under this chapter beyond the date 10 years after the veteran’s last discharge or release from active duty after ; except that, in the case of any eligible veteran who was prevented from initiating or completing such veteran’s chosen program of education within such time period because of a physical or mental disability which was not the result of such veteran’s own willful misconduct, such veteran shall, upon application made within one year after (A) the last date of the delimiting period otherwise applicable under this section, (B) the termination of the period of such mental or physical disability, or (C) , whichever is the latest, be granted an extension of the applicable delimiting period for such length of time as the Secretary determines, from the evidence, that such veteran was so prevented from initiating or completing such program of education. When an extension of the applicable delimiting period is granted a veteran under the preceding sentence, the delimiting period with respect to such veteran will again begin running on the first day following such veteran’s recovery from such disability on which it is reasonably feasible, as determined in accordance with regulations which the Secretary shall prescribe, for such veteran to initiate or resume pursuit of a program of education with educational assistance under this chapter.

[(2)

Pub. L. 108–183, title III, § 306(d)Dec. 16, 2003117 Stat. 2661 Repealed. , , .]

[(3)

Pub. L. 107–14, § 8(a)(5)June 5, 2001115 Stat. 34 Repealed. , , .]

(4)

section 3011(a)(1)(A)(ii)(III) of this title For purposes of paragraph (1) of this subsection, a veteran’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 involved is discharged or released for a service-connected disability, for a medical condition which preexisted such service and which the Secretary determines is not service connected, for hardship, or as a result of a reduction in force as described in .

(b)

Correction of Discharge .—

section 1553 of title 10 section 1552 of title 10In the case of any eligible veteran who has been prevented, as determined by the Secretary, from completing a program of education under this chapter within the period prescribed by subsection (a), because the veteran had not met the nature of discharge requirements of this chapter before a change, correction, or modification of a discharge or dismissal made pursuant to , the correction of the military records of the proper service department under , or other corrective action by competent authority, then the 10-year delimiting period shall run from the date the veteran’s discharge or dismissal was changed, corrected, or modified.

(c)

Savings Clause .—

June 1, 1966August 31, 1967August 31, 1967In the case of any eligible veteran who was discharged or released from active duty before , the 10-year delimiting period shall run from such date, if it is later than the date which otherwise would be applicable. In the case of any eligible veteran who was discharged or released from active duty before , and who pursues a course of farm cooperative training, apprenticeship or other training on the job, the 10-year delimiting period shall run from , if it is later than the date which would otherwise be applicable.

(d)

Prisoners of War .—

January 31, 1955In the case of any veteran (1) who served on or after , (2) who became eligible for educational assistance under the provisions of this chapter or chapter 36 of this title, and (3) who, subsequent to the veteran’s last discharge or release from active duty, was captured and held as a prisoner of war by a foreign government or power, there shall be excluded, in computing the veteran’s 10-year period of eligibility for educational assistance, any period during which the veteran was so detained and any period immediately following the veteran’s release from such detention during which the veteran was hospitalized at a military, civilian, or Department of Veterans Affairs medical facility.

(e)

Termination of Assistance .—

December 31, 1989No educational assistance shall be afforded any eligible veteran under this chapter or chapter 36 of this title after .

Pub. L. 89–358, § 2Mar. 3, 196680 Stat. 14 Pub. L. 90–77, title III, § 305Aug. 31, 196781 Stat. 188 Pub. L. 93–337, § 1July 10, 197488 Stat. 292 Pub. L. 94–502, title II, § 211(3)Oct. 15, 197690 Stat. 2388 Pub. L. 95–202, title II, § 203(a)(1)Nov. 23, 197791 Stat. 1439 Pub. L. 96–466, title III, § 301Oct. 17, 198094 Stat. 2191 Pub. L. 97–35, title XX, § 2003(b)(1)Aug. 13, 198195 Stat. 782 Pub. L. 97–72, title II, § 201(a)Nov. 3, 198195 Stat. 1054 Pub. L. 97–295, § 4(39)Oct. 12, 198296 Stat. 1307 Pub. L. 97–306, title II, § 206(a)Oct. 14, 198296 Stat. 1435 Pub. L. 98–160, title VII, § 702(10)Nov. 21, 198397 Stat. 1009 Pub. L. 101–237, title IVDec. 18, 1989103 Stat. 2087 Pub. L. 102–83, § 5(a)Aug. 6, 1991105 Stat. 406 Pub. L. 107–14, § 8(a)(5)June 5, 2001115 Stat. 34 Pub. L. 108–183, title III, § 306(d)Dec. 16, 2003117 Stat. 2661 Pub. L. 109–233, title V, § 503(8)(A)June 15, 2006120 Stat. 416(Added , , , § 1662; amended , , ; , , ; , title IV, § 403(b), , , 2393; , (b)(1), , ; , , ; , , ; , , ; , , ; , , ; , , ; , §§ 420(a)(3), 423(b)(1), , , 2092; renumbered § 3462 and amended , (c)(1), , ; , , ; , , ; , (C), , .)

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) and (b) of this section were contained in , , , which was classified to former sections 1612(c) and 1613(a), and 1612(a) of this title, respectively, prior to repeal by .

Amendments

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

Pub. L. 109–233, § 503(8)(C)Subsecs. (d), (e). , inserted headings.

Pub. L. 108–1832003—Subsec. (a)(2). struck out par. (2) which related to loans under subchapter III of chapter 36 of this title.

Pub. L. 107–142001—Subsec. (a)(3). struck out par. (3) which permitted eligible Vietnam-era veterans to use unused entitlements under section 3461 for enumerated educational purposes and directed that veterans be provided with employment counseling.

Pub. L. 102–83, § 5(a)section 1662 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 5(c)(1)Subsec. (a)(2)(A), (3)(A). , substituted “3461” for “1661”.

Pub. L. 102–83, § 5(c)(1)Subsec. (a)(3)(C)(ii). , substituted “3491(b)(2)” for “1691(b)(2)”.

Pub. L. 102–83, § 5(c)(1)Subsec. (a)(4). , substituted “3011(a)(1)(A)(ii)(III)” for “1411(a)(1)(A)(ii)(III)”.

Pub. L. 101–237, § 423(b)(1)(A)1989—Subsec. (a)(1). , substituted “Secretary” for “Administrator” wherever appearing.

Pub. L. 101–237, § 420(a)(3)(B), substituted “Subject to paragraph (4) of this subsection, no” for “No”.

Pub. L. 101–237, § 423(b)(1)(A)Subsec. (a)(3)(B), (C)(i). , substituted “Secretary” for “Administrator” wherever appearing.

Pub. L. 101–237, § 420(a)(3)(A)Subsec. (a)(4). , added par. (4).

Pub. L. 101–237, § 423(b)(1)(A)Subsec. (b). , substituted “Secretary” for “Administrator”.

Pub. L. 101–237, § 423(b)(1)(B)Subsec. (d). , substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

Pub. L. 98–160October 1, 19801983—Subsec. (a)(1)(C). substituted “” for “the effective date of the Veterans’ Rehabilitation and Education Amendments of 1980”.

Pub. L. 97–295, § 4(39)(A)November 23, 19771982—Subsec. (a)(2)(B). , substituted “,” for “the date of enactment of this paragraph”.

Pub. L. 97–306, § 206(a)(1)Subsec. (a)(3)(C)(i). , substituted “shall” for “may” after “Educational assistance”, and substituted “unless the Administrator determines, based on an examination of the veteran’s employment and training history, that the veteran is not in need of such a program or course in order to obtain a reasonably stable employment situation consistent with the veteran’s abilities and aptitudes” for “only if the veteran has been determined by the Administrator to be in need of such a program or course in order to achieve a suitable occupational or vocational objective”.

Pub. L. 97–306, § 206(a)(2)December 31, 1984December 31, 1983Subsec. (a)(3)(D). , substituted “” for “”.

Pub. L. 97–295, § 4(39)(B)June 1, 1966August 31, 1967August 31, 1967Subsec. (c). , substituted “” for “the date for which an educational assistance allowance is first payable under this chapter”, “,” for “the date of enactment of this sentence” after “active duty before”, and “” for “the date of enactment of this sentence” after “shall run from”.

Pub. L. 97–721981—Subsec. (a)(3). added par. (3).

Pub. L. 97–35Subsec. (c). struck out provisions relating to applicability to flight training.

Pub. L. 96–4661980—Subsec. (a)(1). inserted “made within one year after (A) the last date of the delimiting period otherwise applicable under this section, (B) the termination of the period of such mental or physical disability, or (C) the effective date of the Veterans’ Rehabilitation and Education Amendments of 1980, whichever is the latest” after “application”, inserted “so” after “that such veteran was”; and inserted provision relating to the running of the delimiting period when an extension of the applicable delimiting period is granted a veteran.

Pub. L. 95–202January 31, 19551977—Subsec. (a). designated existing provisions as par. (1), added par. (2), and inserted “except that, in the case of any eligible veteran who was prevented from initiating or completing such veteran’s chosen program of education within such time period because of a physical or mental disability which was not the result of such veteran’s own willful misconduct, such veteran shall, upon application, be granted an extension of the applicable delimiting period for such length of time as the Administrator determines, from the evidence, that such veteran was prevented from initiating or completing such program of education” after “active duty after ” in par. (1) as so redesignated.

Pub. L. 94–502, § 211(3)1976—Subsec. (a). , substituted “the veteran’s” for “his”.

Pub. L. 94–502, § 211(3)Subsecs. (b), (d). , substituted “the veteran’s” for “his” and “the veteran” for “he”, wherever appearing.

Pub. L. 94–502, § 403(b)Subsec. (e). , added subsec. (e).

Pub. L. 93–337, § 1(1)1974—Subsec. (a). , substituted “10” for “eight”.

Pub. L. 93–337, § 1(2)Subsec. (b). , substituted “10-year” for “8-year”.

Pub. L. 93–337, § 1(3)Subsec. (c). , substituted “10-year” for “8-year” and “eight year,” respectively.

Pub. L. 93–337, § 1(4)Subsec. (d). , added subsec. (d).

Pub. L. 90–771967—Subsec. (c). inserted second sentence respecting commencement of the delimiting period in the case of an eligible veteran discharged from active duty and pursuing training on the job or flight training.

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Pub. L. 108–183, title III, § 306(h)(1)Dec. 16, 2003117 Stat. 2661

Dec. 16, 2003“The amendments made by subsection (d) [amending this section] shall take effect on the date of the enactment of this Act [].”

, , , provided that:

Effective Date of 1982 Amendment

Pub. L. 97–306, title II, § 206(c)Oct. 14, 198296 Stat. 1435

January 1, 1982“The amendments made by subsection (a) [amending this section] shall take effect as of .”

, , , provided that:

Effective Date of 1981 Amendments

Pub. L. 97–72, title II, § 201(b)Nov. 3, 198195 Stat. 1054

January 1, 1982“The amendment made by subsection (a) [amending this section] shall take effect on .”

, , , provided that:

Pub. L. 97–35Oct. 1, 1981section 2006 of Pub. L. 97–35 section 3231 of this titleAmendment by effective , except as otherwise provided, see , set out as a note under .

Effective Date of 1980 Amendment

Pub. L. 96–466Oct. 1, 1980section 802(c) of Pub. L. 96–466 section 3452 of this titleAmendment by effective , except as otherwise specifically provided, see , set out as a note under .

Effective Date of 1977 Amendment

Pub. L. 95–202May 31, 1976section 501 of Pub. L. 95–202 section 101 of this titleAmendment by effective retroactively to , see , set out as a note under .

Effective Date of 1976 Amendment

section 211(3) of Pub. L. 94–502Oct. 15, 1976section 703(b) of Pub. L. 94–502 section 3693 of this titleAmendment by effective , see , set out as an Effective Date note under .

section 403(b) of Pub. L. 94–502Jan. 1, 1977section 406 of Pub. L. 94–502 section 3201 of this titleAmendment by effective , 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 .

Proposal of Regulations

Pub. L. 97–306, title II, § 206(b)Oct. 14, 198296 Stat. 1435Oct. 14, 1982Oct. 14, 1982, , , directed Administrator of Veterans’ Affairs to publish, not later than 30 days after , proposed regulations under subsec. (a)(3)(C)(i) of this section and to publish, not later than 90 days after , final regulations under subsec. (a)(3)(C)(i).

Extension of Time for Pursuit of Educational Programs

Pub. L. 93–293May 31, 197488 Stat. 176Jan. 31, 1955Sept. 1, 1966July 1, 1966, , , provided that the eight-year delimiting date for pursuit of educational programs under this chapter for eligible veterans discharged or released from active duty between , and , with certain exceptions, was to run from .