§3462 — Title 38 Veterans' Benefits | U.S. Code

Summary

Veterans usually must use their education benefits within 10 years after their last discharge or release from active duty after January 31, 1955. If a veteran could not start or finish school because of a physical or mental disability that was not caused by the veteran’s own bad conduct, the veteran can apply for more time. The application must be made within one year after the latest of: the end of the 10-year period, the end of the disability, or October 1, 1980. The Secretary will decide how much extra time is allowed based on the evidence. The 10-year clock restarts when the veteran recovers and it is reasonably possible to resume training. A discharge of less than 90 days does not count as the last discharge unless it was for a service-connected disability, a preexisting medical condition the Secretary says is not service-connected, hardship, or a reduction in force described in section 3011(a)(1)(A)(ii)(III). If a veteran could not finish school because a discharge or dismissal was later changed or corrected under sections 1553 or 1552 of title 10, or by other proper corrective action, the 10-year period runs from the date of that change. For veterans discharged before June 1, 1966, the 10-year period runs from June 1, 1966 if that is later. For veterans discharged before August 31, 1967 who pursue farm cooperative training, apprenticeship, or on-the-job training, the 10-year period runs from August 31, 1967 if that is later. Time held as a prisoner of war and any immediate hospitalization after release are not counted toward the 10 years. No educational assistance is allowed after December 31, 1989.

Title 38, §3462

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)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 January 31, 1955; 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) October 1, 1980, 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)Repealed. Pub. L. 108–183, title III, § 306(d), Dec. 16, 2003, 117 Stat. 2661.]

[(3)Repealed. Pub. L. 107–14, § 8(a)(5), June 5, 2001, 115 Stat. 34.]

(4)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 section 3011(a)(1)(A)(ii)(III) of this title.

(b)In 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 section 1553 of title 10, the correction of the military records of the proper service department under section 1552 of title 10, 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)In the case of any eligible veteran who was discharged or released from active duty before June 1, 1966, 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 August 31, 1967, and who pursues a course of farm cooperative training, apprenticeship or other training on the job, the 10-year delimiting period shall run from August 31, 1967, if it is later than the date which would otherwise be applicable.

(d)In the case of any veteran (1) who served on or after January 31, 1955, (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)No educational assistance shall be afforded any eligible veteran under this chapter or chapter 36 of this title after December 31, 1989.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those comprising subsecs. (a) and (b) of this section were contained in Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1176, which was classified to former section 1612(c) and 1613(a), and 1612(a) of this title, respectively, prior to repeal by section 4(a) of Pub. L. 89–358.

Amendments

2006—Subsecs. (a) to (c). Pub. L. 109–233, § 503(8)(A), revised style of headings. Subsecs. (d), (e). Pub. L. 109–233, § 503(8)(C), inserted headings. 2003—Subsec. (a)(2). Pub. L. 108–183 struck out par. (2) which related to loans under subchapter III of chapter 36 of this title. 2001—Subsec. (a)(3). Pub. L. 107–14 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. 1991—Pub. L. 102–83, § 5(a), renumbered section 1662 of this title as this section. Subsec. (a)(2)(A), (3)(A). Pub. L. 102–83, § 5(c)(1), substituted “3461” for “1661”. Subsec. (a)(3)(C)(ii). Pub. L. 102–83, § 5(c)(1), substituted “3491(b)(2)” for “1691(b)(2)”. Subsec. (a)(4). Pub. L. 102–83, § 5(c)(1), substituted “3011(a)(1)(A)(ii)(III)” for “1411(a)(1)(A)(ii)(III)”. 1989—Subsec. (a)(1). Pub. L. 101–237, § 423(b)(1)(A), 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”. Subsec. (a)(3)(B), (C)(i). Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing. Subsec. (a)(4). Pub. L. 101–237, § 420(a)(3)(A), added par. (4). Subsec. (b). Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator”. Subsec. (d). Pub. L. 101–237, § 423(b)(1)(B), substituted “Department of Veterans Affairs” for “Veterans’ Administration”. 1983—Subsec. (a)(1)(C). Pub. L. 98–160 substituted “October 1, 1980” for “the

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of the Veterans’ Rehabilitation and Education

Amendments

of 1980”. 1982—Subsec. (a)(2)(B). Pub. L. 97–295, § 4(39)(A), substituted “

November 23, 1977,” for “the date of enactment of this paragraph”. Subsec. (a)(3)(C)(i). Pub. L. 97–306, § 206(a)(1), 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”. Subsec. (a)(3)(D). Pub. L. 97–306, § 206(a)(2), substituted “

December 31, 1984” for “

December 31, 1983”. Subsec. (c). Pub. L. 97–295, § 4(39)(B), substituted “

June 1, 1966” for “the date for which an educational assistance allowance is first payable under this chapter”, “

August 31, 1967,” for “the date of enactment of this sentence” after “active duty before”, and “

August 31, 1967” for “the date of enactment of this sentence” after “shall run from”. 1981—Subsec. (a)(3). Pub. L. 97–72 added par. (3). Subsec. (c). Pub. L. 97–35 struck out provisions relating to applicability to flight training. 1980—Subsec. (a)(1). Pub. L. 96–466 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

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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. 1977—Subsec. (a). Pub. L. 95–202 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 January 31, 1955” in par. (1) as so redesignated. 1976—Subsec. (a). Pub. L. 94–502, § 211(3), substituted “the veteran’s” for “his”. Subsecs. (b), (d). Pub. L. 94–502, § 211(3), substituted “the veteran’s” for “his” and “the veteran” for “he”, wherever appearing. Subsec. (e). Pub. L. 94–502, § 403(b), added subsec. (e). 1974—Subsec. (a). Pub. L. 93–337, § 1(1), substituted “10” for “eight”. Subsec. (b). Pub. L. 93–337, § 1(2), substituted “10-year” for “8-year”. Subsec. (c). Pub. L. 93–337, § 1(3), substituted “10-year” for “8-year” and “eight year,” respectively. Subsec. (d). Pub. L. 93–337, § 1(4), added subsec. (d). 1967—Subsec. (c). Pub. L. 90–77 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, 2003, 117 Stat. 2661, provided that: “The

Amendments

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

Effective Date

of 1982 Amendment Pub. L. 97–306, title II, § 206(c), Oct. 14, 1982, 96 Stat. 1435, provided that: “The

Amendments

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

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of 1981

Amendments

Pub. L. 97–72, title II, § 201(b), Nov. 3, 1981, 95 Stat. 1054, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on January 1, 1982.” Amendment by Pub. L. 97–35 effective Oct. 1, 1981, except as otherwise provided, see section 2006 of Pub. L. 97–35, set out as a note under section 3231 of this title.

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

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of 1977 AmendmentAmendment by Pub. L. 95–202 effective retroactively to May 31, 1976, see section 501 of Pub. L. 95–202, set out as a note under section 101 of this title.

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of 1976 AmendmentAmendment by section 211(3) of Pub. L. 94–502 effective Oct. 15, 1976, see section 703(b) of Pub. L. 94–502, set out as an

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note under section 3693 of this title. Amendment by section 403(b) of Pub. L. 94–502 effective Jan. 1, 1977, see section 406 of Pub. L. 94–502, set out as an

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note under section 3201 of this title.

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

Regulations

Pub. L. 97–306, title II, § 206(b), Oct. 14, 1982, 96 Stat. 1435, directed Administrator of Veterans’ Affairs to publish, not later than 30 days after Oct. 14, 1982, proposed

Regulations

under subsec. (a)(3)(C)(i) of this section and to publish, not later than 90 days after Oct. 14, 1982, final

Regulations

under subsec. (a)(3)(C)(i). Extension of Time for Pursuit of Educational Programs Pub. L. 93–293,

May 31, 1974, 88 Stat. 176, 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 Jan. 31, 1955, and Sept. 1, 1966, with certain exceptions, was to run from

July 1, 1966.

§3462 Time limitations for completing a program of education

Summary

Title 38, §3462

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Citations & Metadata