§3311 — Title 38 Veterans' Benefits | U.S. Code

Summary

People who served in the U.S. military on or after September 11, 2001 can get education benefits if they meet certain service-length and discharge rules. The law covers different groups: people who did 36 months or more on active duty; people who did at least 30 continuous days and were later discharged for a service-connected disability or a sole survivorship discharge; people who did 30–36 months, 24–30 months, 18–24 months, 6–18 months, or 90 days–6 months (some ranges exclude entry-level or skill training). For each shorter-range group, the person must either have stayed on active duty for less than the next threshold or have been discharged as described below. The law also covers the child or spouse of a service member who died in the line of duty on active or other duty, the child or spouse of a Selected Reserve member who died of a service-connected disability on or after September 11, 2001, and service members who got the Purple Heart for service on or after September 11, 2001 and either kept serving or were discharged as described below. Certain kinds of discharge or release count as qualifying: an honorable discharge; release with an honorable characterization and placement on a retired or reserve list or on the temporary disability retired list; transfer to a reserve or certain Space Force status after honorable active duty; and release for a preexisting non-service-connected medical condition, hardship, or a non-disability physical or mental condition not caused by willful misconduct. Some short officer agreements and service ended because of defective enlistment do not count toward the required service. If someone qualifies under both two specific short-service rules, the law treats them under the shorter rule. The survivor benefits in some of these cases are called the Marine Gunnery Sergeant John David Fry Scholarship. A surviving spouse who is also eligible under chapter 35 must choose which benefit to receive and make an irreversible choice, except that a spouse of a member who died between September 11, 2001, and December 31, 2005 may be allowed to undo an earlier choice made before this change. For the Fry scholarship, “child” can include a married person or someone older than 23.

Title 38, §3311

Veterans' Benefits — Source: USLM XML via OLRC

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

(b)An individual described in this subsection is any individual as follows:

(1)An individual who—

(A)commencing on or after September 11, 2001, 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 September 11, 2001, serves at least 30 continuous days on active duty in the Armed Forces; and

(ii)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 section 1174(i) of title 10); or

(B)who—

(i)commencing on or after September 11, 2001, completes at least 30 continuous days of service described in subsection (d)(1) or (2); and

(ii)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 section 1174(i) of title 10).

(3)An individual who—

(A)commencing on or after September 11, 2001, 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 September 11, 2001, 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 September 11, 2001, 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 September 11, 2001, 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 September 11, 2001, 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 September 11, 2001, 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 September 11, 2001, 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 September 11, 2001, 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 September 11, 2001, 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)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)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 section 20105 of title 10, 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)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)A period of service on active duty of an officer pursuant to an agreement under section 2107(b) of title 10.

(2)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 11 See References in Text note below. 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)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)(1)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)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)(A)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)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 September 11, 2001, and ending on December 31, 2005.

(4)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Section 182 of title 14, referred to in subsec. (d)(2), was repealed by Pub. L. 115–282, title I, § 110(c)(2), Dec. 4, 2018, 132 Stat. 4215. The date of the enactment of this paragraph, referred to in subsec. (f)(3)(A), is the date of enactment of Pub. L. 114–315, which was approved Dec. 16, 2016.

Amendments

2025—Subsec. (f)(2). Pub. L. 118–210, § 202(1)–(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. Subsec. (f)(3). Pub. L. 118–210, § 202(2), redesignated par. (4) as (3). Former par. (3) redesignated (2). Subsec. (f)(3)(A). Pub. L. 118–210, § 202(4), substituted “under paragraph (2)” for “under paragraph (3)”. Subsec. (f)(4), (5). Pub. L. 118–210, § 202(2), redesignated par. (5) as (4). Former par. (4) redesignated (3). 2023—Subsec. (b)(2). Pub. L. 117–333, 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. Subsec. (b)(2)(A)(ii). Pub. L. 117–333, § 10(b)(4), substituted “in clause (i)” for “in subparagraph (A)” and “or by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10); or” for period at end. Subsec. (b)(2)(B). Pub. L. 117–333, § 10(b)(5), added subpar. (B). Former subpar. (B) redesignated (A)(ii). Subsec. (c)(3). Pub. L. 118–31, which directed insertion of “, or for further service in the Space Force in a space force active status not on sustained duty under section 20105 of title 10,” 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. Subsec. (d). Pub. L. 117–333, § 10(c), substituted “Except as provided in subsection (b)(2)(B), the following” for “The following” in introductory provisions. 2021—Subsec. (b)(9) to (11). Pub. L. 116–315, § 1002(a), added pars. (9) and (10) and redesignated former par. (9) as (11). Subsec. (f). Pub. L. 116–315, § 1002(b)(1), substituted “paragraphs (8), (9), and (10)” for “paragraph (8)” wherever appearing. 2018—Subsec. (d)(2). Pub. L. 115–232 substituted “section 7448, 8459, or 9448 of title 10” for “section 4348, 6959, or 9348 of title 10”. 2017—Subsec. (b)(6)(A). Pub. L. 115–48, § 105(a)(1), substituted “6 months” for “12 months”. Subsec. (b)(7) to (9). Pub. L. 115–48, § 105(a)(2), (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 September 11, 2001, 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).” Subsec. (b)(10). Pub. L. 115–48, § 105(a)(3), redesignated par. (10) as (9). Pub. L. 115–48, § 102(a), added par. (10). Subsec. (f). Pub. L. 115–48, § 105(c)(1), substituted “paragraph (8)” for “paragraph (9)” wherever appearing. 2016—Subsec. (f)(3). Pub. L. 114–315, § 401(b)(1), substituted “Except as provided in paragraph (4), a surviving spouse” for “A surviving spouse”. Subsec. (f)(4). Pub. L. 114–315, § 401(b)(3), added par. (4). Former par. (4) redesignated (5). Subsec. (f)(5). Pub. L. 114–315, § 401(b)(2), (c), redesignated par. (4) as (5) and substituted “paragraph (9) of subsection (b)” for “that paragraph”. 2014—Subsec. (b)(9). Pub. L. 113–146, § 701(a), inserted “or spouse” after “child”. Subsec. (f)(2) to (4). Pub. L. 113–146, § 701(b), added pars. (2) and (3) and redesignated former par. (2) as (4). 2011—Subsec. (c)(4). Pub. L. 111–377, § 101(b), 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. Subsec. (d)(2). Pub. L. 111–377, § 101(c), inserted “or section 182 of title 14” before period at end. 2009—Subsec. (b)(9). Pub. L. 111–32, § 1002(a)(1), added par. (9). Subsec. (f). Pub. L. 111–32, § 1002(a)(2), added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 Amendment Pub. L. 116–315, title I, § 1002(c), Jan. 5, 2021, 134 Stat. 4939, provided that: “The

Amendments

August 1, 2010. In the case of an individual entitled to educational assistance by reason of such paragraph for the period beginning on

August 1, 2009, and ending on

July 31, 2010, the Secretary shall make retroactive payments to such individual for such period by not later than

August 1, 2010.”

Effective Date

Section effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110–252, set out as an

Effective Date

of 2008 Amendment note under section 16163 of Title 10, Armed Forces.

Construction

of Covered Individuals Pub. L. 115–48, title I, § 106(c), Aug. 16, 2017, 131 Stat. 977, provided that: “section 3311(b)(6) of title 38, United States Code, shall be construed to include an individual who, before

November 25, 2015, 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.” Temporary Expansion of Eligibility for Marine Gunnery Sergeant John David Fry Scholarship Pub. L. 118–210, title II, § 201, Jan. 2, 2025, 138 Stat. 2762, provided that: “(a) In General.—The Secretary of Veterans Affairs shall treat an individual described in subsection (b) as a covered individual described in section 3311(b) of title 38, 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

August 1, 2025; and “(B) before

October 1, 2027.”

§3311 Educational assistance for service in the Armed Forces commencing on or after September 11, 2001: entitlement

Summary

Title 38, §3311

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