§3018A — Title 38 Veterans' Benefits | U.S. Code

Summary

Lets certain service members switch to these education benefits before they are forced to leave the military. To do this, a person must have been involuntarily separated after February 2, 1991 with an honorable discharge, and before applying must have finished high school or gotten an equivalent certificate or earned 12 semester hours toward a college degree. If they earlier picked another VA education plan under certain rules, they must withdraw that earlier choice before separation using the steps each military department or the Secretary of Homeland Security (for the Coast Guard when it is not operating as part of the Navy) gives. If they are in the chapter 32 program, they must make an irrevocable choice before separation to take these benefits instead of chapter 32 and must elect the assistance before leaving. Their basic pay will be reduced by $1,200. Any required withdrawal cannot be undone. If someone leaves the chapter 32 program, they are removed on the date of their election. The person gets back any unused contributions they made to the Post‑Vietnam Era Veterans Education Account as the law provides. The Department of Defense gets back its unused contributions (except certain specified contributions). Any DoD contribution made under that exception stays in the account to pay that person’s benefits under the other benefit rule.

Title 38, §3018A

Veterans' Benefits — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, an individual who—

(1)after February 2, 1991, is involuntarily separated (as such term is defined in section 1141 of title 10) with an honorable discharge;

(2)before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree;

(3)in the case of any individual who has made an election under section 3011(c)(1) or 3012(d)(1) of this title, withdraws such election before such separation pursuant to procedures which the Secretary of each military department shall provide in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Homeland Security shall provide for such purpose with respect to the Coast Guard when it is not operating as a service in the Navy;

(4)in the case of any person enrolled in the educational benefits program provided by chapter 32 of this title makes an irrevocable election, pursuant to procedures referred to in paragraph (3), before such separation to receive benefits under this section in lieu of benefits under such chapter 32; and

(5)before such separation elects to receive assistance under this section pursuant to procedures referred to in paragraph (3),

(b)The basic pay of an individual described in subsection (a) shall be reduced by $1,200.

(c)A withdrawal referred to in subsection (a)(3) is irrevocable.

(d)(1)Except as provided in paragraph (3), an individual who is enrolled in the educational benefits program provided by chapter 32 of this title and who makes the election described in subsection (a)(4) shall be disenrolled from such chapter 32 program as of the date of such election.

(2)For each individual who is disenrolled from such program, the Secretary shall refund—

(A)as provided in section 3223(b) of this title, to the individual the unused contributions made by the individual to the Post-Vietnam Era Veterans Education Account established pursuant to section 3222(a) of this title; and

(B)to the Secretary of Defense the unused contributions (other than contributions made under section 3222(c) of this title) made by such Secretary to the Account on behalf of such individual.

(3)Any contribution made by the Secretary of Defense to the Post-Vietnam Era Veterans Education Account pursuant to subsection (c) of section 3222 of this title on behalf of any individual referred to in paragraph (1) shall remain in such Account to make payments of benefits to such individual under section 3015(f) of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Subsec. (a)(4), (5). Pub. L. 109–233, § 503(5)(B), struck out “of this subsection” after “paragraph (3)”. Subsecs. (b), (c). Pub. L. 109–233, § 503(5)(A), struck out “of this section” after “subsection (a)” in subsec. (b) and after “subsection (a)(3)” in subsec. (c). Subsec. (d)(1). Pub. L. 109–233, § 503(5)(B), struck out “of this subsection” after “paragraph (3)” and after “subsection (a)(4)”. Subsec. (d)(3). Pub. L. 109–233, § 503(5)(B), (C), struck out “of this subsection” after “paragraph (1)” and substituted “of this title” for “of this chapter”. 2002—Subsec. (a)(3). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”. 1998—Subsec. (a)(2). Pub. L. 105–368 substituted “successfully completed (or otherwise received academic credit for)” for “successfully completed”. 1994—Subsec. (a)(1). Pub. L. 103–446, § 1201(i)(4), substituted “after

February 2, 1991,” for “after

December 31, 1990, or the end of the 90-day period beginning on the date of the enactment of this section, whichever is later,”. Subsec. (d)(3). Pub. L. 103–446, § 1201(d)(4), substituted “section 3015(f)” for “section 3015(e)”. 1991—Pub. L. 102–83, § 5(a), renumbered section 1418A of this title as this section. Subsec. (a)(1). Pub. L. 102–25 substituted “section 1141 of title 10” for “section 1142 of title 10”. Subsec. (a)(3). Pub. L. 102–83, § 5(c)(1), substituted “3011(c)(1) or 3012(d)(1)” for “1411(c)(1) or 1412(d)(1)”. Subsec. (d)(2), (3). Pub. L. 102–83, § 5(c)(1), substituted “3223(b)” for “1623(b)”, “3222(a)” for “1622(a)”, and “3222(c)” for “1622(c)” in par. (2) and “3222” for “1622” and “3015(e)” for “1415(e)” in par. (3).

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.

Effective Date

of 1998 AmendmentAmendment by Pub. L. 105–368 effective Oct. 1, 1998, see section 203(b) of Pub. L. 105–368, set out as a note under section 3011 of this title.

§3018A Opportunity for Certain Active-duty Personnel to Enroll Before Being Involuntarily Separated From Service

Summary

Title 38, §3018A

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata