Title 38 — Veterans' BenefitsRelease 119-73
§3032 Limitations on educational assistance for certain individuals
Title 38 › Part PART III— - READJUSTMENT AND RELATED BENEFITS › Chapter CHAPTER 30— - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM › Subchapter SUBCHAPTER IV— - TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT; GENERAL AND ADMINISTRATIVE PROVISIONS › § 3032
Summary
Limits how much education money a person can get in certain situations. If someone on active duty or studying less than half time is eligible, the payment will be the smallest of three amounts: the normal benefit they would get, the tuition and fees charged to similar nonveterans in the same program, or the charges at the school the student picked under section 3014(b)(1). For apprenticeships or on-the-job training, monthly pay is cut over time: 75% of the normal monthly rate for the first six months, 55% for the next six months, and 35% for any months after the first year. If in any month the person works fewer than 120 hours, the monthly pay is reduced in the same proportion as hours worked out of 120, with hours rounded to the nearest 8. Each month of payment uses up benefit time at the same 75%/55%/35% rates, and the time charged is reduced the same way if the payment is reduced for fewer hours. For correspondence courses, the payment is 55% of the “established charge” (the lower of the school’s lowest approved extended‑time plan or the actual charge). Payments are made quarterly based on lessons finished, and each such payment uses benefit time equal to how much a full‑time monthly payment would use. For approved flight training paid only at 60% of the established charges, the VA won’t pay for a month until it gets a certification from the student and school. Solo flight hours paid may not exceed the FAA minimum needed for the rating sought. For licensing or certification tests, the VA will pay up to the smaller of $2,000 or the test fee. For national admission or credit tests, the VA will pay the test fee. In both cases the number of months of benefit used equals the total paid divided by the full‑time monthly rate the person would otherwise get, and payments can’t exceed the person’s remaining benefit time.
Full Legal Text
Title 38, §3032
Veterans' Benefits — Source: USLM XML via OLRC
(a)In the case of an individual entitled to educational assistance under this chapter who is pursuing a program of education—
(1)while on active duty; or
(2)on less than a half-time basis,
(b)The amount of the educational assistance allowance payable to an individual described in subsection (a) of this section is the least of the following: (1) the amount of the educational assistance allowance otherwise payable to such individual under this chapter, (2) the established charges for tuition and fees that the educational institution involved requires similarly circumstanced nonveterans enrolled in the same program to pay, or (3) the amount of the charges of the educational institution elected by the individual under section 3014(b)(1) of this title.
(c)(1)Except as provided in paragraph (2) of this subsection, the amount of the monthly educational assistance allowance payable to an individual pursuing a full-time program of apprenticeship or other on-job training under this chapter is—
(A)for each of the first six months of the individual’s pursuit of such program, 75 percent of the monthly educational assistance allowance otherwise payable to such individual under this chapter;
(B)for each of the second six months of the individual’s pursuit of such program, 55 percent of such monthly educational assistance allowance; and
(C)for each of the months following the first 12 months of the individual’s pursuit of such program, 35 percent of such monthly educational assistance allowance.
(2)In any month in which an individual pursuing a program of education consisting of a program of apprenticeship or other on-job training fails to complete 120 hours of training, the amount of monthly educational assistance allowance payable under this chapter to the individual shall be limited to the same proportion of the applicable rate determined under paragraph (1) of this subsection as the number of hours worked during such month, rounded to the nearest eight hours, bears to 120 hours.
(3)(A)Except as provided in subparagraph (B) of this paragraph, for each month that an individual is paid a monthly educational assistance allowance under this chapter, the individual’s entitlement under this chapter shall be charged at the rate of—
(i)75 percent of a month in the case of payments made in accordance with paragraph (1)(A) of this subsection;
(ii)55 percent of a month in the case of payments made in accordance with paragraph (1)(B) of this subsection; and
(iii)35 percent of a month in the case of payments made in accordance with paragraph (1)(C) of this subsection.
(B)Any such charge to the individual’s entitlement shall be reduced proportionately in accordance with the reduction in payment under paragraph (2) of this subsection.
(d)(1)(A)The amount of the educational assistance allowance payable under this chapter to an individual who enters into an agreement to pursue, and is pursuing, a program of education exclusively by correspondence is an amount equal to 55 percent of the established charge which the institution requires nonveterans to pay for the course or courses pursued by such individual.
(B)For purposes of this paragraph, the term “established charge” means the lesser of—
(i)the charge for the course or courses determined on the basis of the lowest extended time payment plan offered by the institution and approved by the appropriate State approving agency; or
(ii)the actual charge to the individual for such course or courses.
(2)Such allowance shall be paid quarterly on a pro rata basis for the lessons completed by the individual and serviced by the institution.
(3)In each case in which the rate of payment to an individual is determined under paragraph (1) of this subsection, the period of entitlement of such individual under this chapter shall be charged at the rate of one month for each payment of educational assistance to the individual that is equal to the amount of monthly educational assistance the individual would otherwise be eligible to receive for full-time pursuit of an institutional course under this chapter.
(e)(1)Notwithstanding subsection (a) of this section, each individual who is pursuing a program of education consisting exclusively of flight training approved as meeting the requirements of section 3034(d) of this title shall be paid an educational assistance allowance under this chapter in the amount equal to 60 percent of the established charges for tuition and fees which similarly circumstanced nonveterans enrolled in the same flight course are required to pay.
(2)No educational assistance allowance may be paid under this chapter to an individual for any month during which such individual is pursuing a program of education consisting exclusively of flight training until the Secretary has received from that individual and the institution providing such training a certification of the flight training received by the individual during that month and the tuition and other fees charged for that training.
(3)The number of months of entitlement charged in the case of any individual for a program of education described in paragraph (1) of this subsection shall be equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such program by the monthly rate of educational assistance which, except for paragraph (1) of this subsection, such individual would otherwise be paid under subsection (a)(1), (b)(1), (d), or (e)(1) of section 3015 of this title, as the case may be.
(4)The number of solo flying hours for which an individual may be paid an educational assistance allowance under this subsection may not exceed the minimum number of solo flying hours required by the Federal Aviation Administration for the flight rating or certification which is the goal of the individual’s flight training.
(f)(1)Subject to paragraph (3), the amount of educational assistance payable under this chapter for a licensing or certification test described in section 3452(b) of this title is the lesser of $2,000 or the fee charged for the test.
(2)The number of months of entitlement charged in the case of any individual for such licensing or certification test is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full-time monthly institutional rate of educational assistance which, except for paragraph (1), such individual would otherwise be paid under subsection (a)(1), (b)(1), (d), or (e)(1) of section 3015 of this title, as the case may be.
(3)In no event shall payment of educational assistance under this subsection for such a test exceed the amount of the individual’s available entitlement under this chapter.
(g)(1)Subject to paragraph (3), the amount of educational assistance payable under this chapter for a national test for admission or national test providing an opportunity for course credit at institutions of higher learning described in section 3452(b) of this title is the amount of the fee charged for the test.
(2)The number of months of entitlement charged in the case of any individual for a test described in paragraph (1) is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full-time monthly institutional rate of educational assistance, except for paragraph (1), such individual would otherwise be paid under subsection (a)(1), (b)(1), (d), or (e)(1) of section 3015 of this title, as the case may be.
(3)In no event shall payment of educational assistance under this subsection for a test described in paragraph (1) exceed the amount of the individual’s available entitlement under this chapter.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2004—Subsec. (g). Pub. L. 108–454 added subsec. (g). 2001—Subsec. (b). Pub. L. 107–14 substituted “the least of the following:” for “the lesser of” and added cl. (3). 2000—Subsec. (f). Pub. L. 106–419 added subsec. (f). 1996—Subsecs. (d) to (f). Pub. L. 104–275 redesignated subsecs. (e) and (f) as (d) and (e), respectively, and struck out former subsec. (d) which read as follows: “(d)(1) The amount of the monthly educational assistance allowance payable to an individual pursuing a cooperative program under this chapter shall be 80 percent of the monthly allowance otherwise payable to such individual under section 3015 and section 3022, if applicable, of this title. “(2) For each month that an individual is paid a monthly educational assistance allowance for pursuit of a cooperative program under this chapter, the individual’s entitlement under this chapter shall be charged at the rate of 80 percent of a month.” 1994—Subsec. (f)(3). Pub. L. 103–446 substituted “(d), or (e)(1)” for “(c), or (d)(1)”. 1992—Subsec. (f)(1). Pub. L. 102–568, § 310(a)(1), struck out “(other than tuition and fees charged for or attributable to solo flying hours)” after “for tuition and fees”. Subsec. (f)(4). Pub. L. 102–568, § 310(a)(2), added par. (4). 1991—Pub. L. 102–83, § 5(a), renumbered section 1432 of this title as this section. Subsec. (d)(1). Pub. L. 102–83, § 5(c)(1), substituted “3015” for “1415” and “3022” for “1422”. Subsec. (f)(1). Pub. L. 102–83, § 5(c)(1), substituted “3034(d)” for “1434(d)”. Subsec. (f)(3). Pub. L. 102–83, § 5(c)(1), substituted “3015” for “1415”. Pub. L. 102–16 substituted “(c), or (d)(1)” for “or (c)”. 1989—Subsec. (f). Pub. L. 101–237 added subsec. (f). 1988—Subsec. (c)(3)(A). Pub. L. 100–689, § 111(a)(8)(A), (B), designated existing provision as subpar. (A) and substituted “Except as provided in subparagraph (B) of this paragraph, for” for “For”, and redesignated subpars. (A) to (C) as cls. (i) to (iii), respectively. Subsec. (c)(3)(B). Pub. L. 100–689, § 111(a)(8)(C), added subpar. (B). Subsec. (d). Pub. L. 100–689, § 108(a)(2), added subsec. (d). Subsec. (e). Pub. L. 100–689, § 111(a)(7)(A), added subsec. (e). 1986—Pub. L. 99–576, § 301(d)(1), substituted “Limitations” for “Limitation” in section catchline. Subsec. (c). Pub. L. 99–576, § 301(b), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date
of 2001 AmendmentAmendment by Pub. L. 107–14 effective as if enacted on Nov. 1, 2000, immediately after the enactment of Pub. L. 106–419, see section 7(b)(3) of Pub. L. 107–14, set out as a note under section 3014 of this title.
Effective Date
of 2000 Amendment Pub. L. 106–419, title I, § 122(d), Nov. 1, 2000, 114 Stat. 1837, provided that: “The
Amendments
made by this section [enacting section 3689 of this title and amending this section and section 3232, 3452, 3482, 3501, and 3532 of this title] shall take effect on March 1, 2001, and shall apply with respect to licensing and certification tests approved by the Secretary of Veterans Affairs on or after such date.”
Effective Date
of 1992 AmendmentAmendment by Pub. L. 102–568 applicable to flight training received under this chapter, chapter 32 of this title, and chapter 106 of Title 10, Armed Forces, after Sept. 30, 1992, see section 310(d) of Pub. L. 102–568, set out as a note under section 16131 of Title 10.
Effective Date
of 1989 AmendmentAmendment by Pub. L. 101–237 effective Sept. 30, 1990, see section 422(d) of Pub. L. 101–237, set out as a note under section 16131 of Title 10, Armed Forces.
Effective Date
of 1988 AmendmentAmendment by section 108(a)(2) of Pub. L. 100–689 effective Jan. 1, 1989, see section 108(c) of Pub. L. 100–689, set out as a note under section 3002 of this title. Increase in Benefit for Individuals Pursuing Apprenticeship or On-Job Training; Montgomery GI Bill Pub. L. 108–454, title I, § 103(a), Dec. 10, 2004, 118 Stat. 3600, provided that: “For months beginning on or after
October 1, 2005, and before
January 1, 2008, subsection (c)(1) of section 3032 of title 38, United States Code, shall be applied as if— “(1) the reference to ‘75 percent’ in subparagraph (A) were a reference to ‘85 percent’; “(2) the reference to ‘55 percent’ in subparagraph (B) were a reference to ‘65 percent’; and “(3) the reference to ‘35 percent’ in subparagraph (C) were a reference to ‘45 percent’.”
Reference
Citations & Metadata
Citation
38 U.S.C. § 3032
Title 38 — Veterans' Benefits
Last Updated
Apr 6, 2026
Release point: 119-73