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Title 38 — Veterans' BenefitsRelease 119-73

§3321 Time limitation for use of and eligibility for entitlement

Title 38 › Part PART III— - READJUSTMENT AND RELATED BENEFITS › Chapter CHAPTER 33— - POST–9/11 EDUCATIONAL ASSISTANCE › Subchapter SUBCHAPTER III— - ADMINISTRATIVE PROVISIONS › § 3321

Last updated Apr 6, 2026|Official source

Summary

Veterans who qualify for these education benefits normally have 15 years to use them, counting from the date of their last discharge or release from active duty if that discharge was before January 1, 2013. If their last discharge or release was on or after January 1, 2013, the benefits do not expire. How the 15-year time is counted follows the same rules used for another VA education program (see section 3031), and the rules for ending benefits follow section 3031(f) with one cross-reference changed (3013 read as 3312). A “last discharge or release” does not include any active-duty period of less than 90 days of continuous service, unless the discharge fits the special situation named in section 3311(b)(2). The same 15-year or no-expiration rule applies to children and spouses who get benefits because of those family rules: children who first qualify before January 1, 2013 have 15 years starting at age 18 (those who qualify on or after that date never lose the benefit), and spouses who first qualify before January 1, 2013 have 15 years starting when they first qualify (spouses who first qualify on or after that date never lose the benefit).

Full Legal Text

Title 38, §3321

Veterans' Benefits — Source: USLM XML via OLRC

(a)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 January 1, 2013, 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 January 1, 2013, shall not expire.
(b)(1)(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)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 section 3031 of this title with respect to the running of the 10-year period described in section 3031(a) of this title.
(2)section 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 section 3312 of this title.
(3)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)The period during which a child entitled to educational assistance by reason of section 3311(b)(8) of this title may use such child’s entitlement—
(A)in the case of a child who first becomes entitled to such entitlement before January 1, 2013, 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 January 1, 2013, shall not expire.
(5)The period during which a spouse entitled to educational assistance by reason of section 3311(b)(9) 11 See References in Text note below. may use such spouse’s entitlement—
(A)in the case of a spouse who first becomes entitled to such entitlement before January 1, 2013, 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 January 1, 2013, shall not expire.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Subsection (b)(9) of section 3311 of this title, referred to in subsec. (b)(5), was redesignated subsection (b)(8) by Pub. L. 115–48, title I, §105(a)(3), Aug. 16, 2017, 131 Stat. 975.

Amendments

2023—Subsec. (b)(1). Pub. L. 117–333 made amendment substantially identical to that made by Pub. L. 117–328. See 2022 Amendment note below. 2022—Subsec. (b)(1). Pub. L. 117–328 designated existing provisions as subpar. (A), substituted “(d), and (i)” for “and (d)”, and added subpar. (B). 2019—Subsec. (a)(1). Pub. L. 116–61 substituted “January” for “January,”. 2017—Subsec. (a). Pub. L. 115–48, § 112(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). Subsec. (b)(4). Pub. L. 115–48, § 112(b), 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)”. Subsec. (b)(5). Pub. L. 115–48, § 112(c), added par. (5). 2014—Subsec. (b)(4). Pub. L. 113–146 substituted “a child” for “an individual” and, in two places, “such child’s” for “such individual’s”. 2010—Subsec. (b)(2). Pub. L. 111–275 substituted “section 3312 of this title” for “3312”. 2009—Subsec. (b)(4). Pub. L. 111–32 added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date

of 2017 AmendmentAmendment by section 105(c)(5) of Pub. L. 115–48 effective Aug. 1, 2020, see section 105(d) of Pub. L. 115–48, set out as a note under section 3311 of this title.

Effective Date

of 2014 AmendmentAmendment by Pub. L. 113–146 applicable with respect to a quarter, semester, or term, as applicable, commencing on or after Jan. 1, 2015, with provision for deaths occurring between Sept. 11, 2001, and Dec. 31, 2005, see section 701(d) of Pub. L. 113–146, set out as a note under section 3311 of this title.

Effective Date

of 2009 AmendmentAmendment by Pub. L. 111–32 effective Aug. 1, 2009, see section 1002(d)(1) of Pub. L. 111–32, set out as a note under section 3311 of this title.

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. Extension of Time Limitations for Use of Entitlement: Post-9/11 Educational Assistance Pub. L. 116–140, § 6(b)(1), Apr. 28, 2020, 134 Stat. 632, which temporarily provided for an extension to use entitlements for post-9/11 educational assistance, was repealed by Pub. L. 117–333, § 3(f), Jan. 5, 2023, 136 Stat. 6128. See subsec. (b)(1)(B) of this section.

Reference

Citations & Metadata

Citation

38 U.S.C. § 3321

Title 38 — Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73