§3021 — Title 38 Veterans' Benefits | U.S. Code

Summary

Under rules set by the Secretary of Defense, the Secretary in charge may pay extra education benefits to people who already qualify for basic benefits if they serve more time without a break. If someone has the kind of basic benefit counted under section 3011(a)(1), they must serve five or more consecutive years of active duty after the time already counted. After those five years they must either leave service with an honorable characterization or be placed on a retired/transfer list or temporary disability retired list, keep serving on active duty, or go from active duty into a reserve role after service the Secretary calls honorable. If someone has the kind of basic benefit counted under section 3012(a)(1), they must serve two or more consecutive years of active duty after the time already counted and four or more consecutive years in the Selected Reserve after the time already counted. After that they must either be discharged honorably/retired/transferred/temporarily retired for disability, or continue on active duty or in the Selected Reserve. Short gaps in Selected Reserve service do not break continuity if they are for reasons the Secretary allows (like not finding a unit), but each gap cannot exceed a maximum set by the Secretary. Time served before the period used to get the basic benefit cannot be counted for these extra benefits.

Title 38, §3021

Veterans' Benefits — Source: USLM XML via OLRC

(a)The Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, may provide for the payment of supplemental educational assistance under this subchapter to any individual eligible for basic educational assistance under section 3011 or 3018 of this title who—

(1)serves five or more consecutive years of active duty in the Armed Forces after the years of active duty counted under section 3011(a)(1) of this title without a break in such service; and

(2)after completion of the service described in clause (1) of this subsection—

(A)is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list;

(B)continues on active duty without a break in service; or

(C)is released from active duty for further service in a reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service.

(b)The Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, may provide for the payment of supplemental educational assistance under this subchapter to any individual eligible for basic educational assistance under section 3012 or 3018 of this title who—

(1)serves two or more consecutive years of active duty in the Armed Forces after the years of active duty counted under section 3012(a)(1) of this title and four or more consecutive years of duty in the Selected Reserve after the years of duty in the Selected Reserve counted under such section without a break in service; and

(2)after completion of the service described in clause (1) of this subsection—

(B)continues on active duty or in the Selected Reserve.

(c)Continuity of service of a member in the Selected Reserve for purposes of subsection (b)(1) of this section shall not be considered to be broken—

(1)by any period of time (not to exceed a maximum period prescribed by the Secretary concerned by regulation) during which the member is not able to locate a unit of the Selected Reserve of the member’s Armed Force that the member is eligible to join or that has a vacancy; or

(2)by any other period of time (not to exceed a maximum period prescribed by the Secretary concerned by regulation) during which the member is not attached to a unit of the Selected Reserve that the Secretary concerned, pursuant to regulations, considers to be inappropriate to consider for such purpose.

(d)A period of active duty or duty in the Selected Reserve that occurs before the period of duty by which the individual concerned qualifies for basic educational assistance may not be counted for purposes of this section.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Prior section 3021 was renumbered section 5121 of this title.

Amendments

1991—Pub. L. 102–83, § 5(a), renumbered section 1421 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3011 or 3018” for “1411 or 1418” in introductory provisions and “3011(a)(1)” for “1411(a)(1)” in par. (1). Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3012 or 3018” for “1412 or 1418” in introductory provisions and “3012(a)(1)” for “1412(a)(1)” in par. (1). 1989—Subsecs. (a), (b). Pub. L. 101–237 inserted “of Defense” after second reference to “Secretary”. 1988—Subsecs. (a), (b). Pub. L. 100–689 inserted reference to section 1418 of this title. 1986—Subsec. (a)(1). Pub. L. 99–576, § 321(5), substituted “after” for “in addition to”. Subsec. (b)(1). Pub. L. 99–576, § 321(5), substituted “after” for “in addition to” in two places. Subsec. (c)(1). Pub. L. 99–576, § 321(6), substituted “the member’s” for “his”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 98–525, title VII, § 702(b), Oct. 19, 1984, 98 Stat. 2563, provided that: “Subchapter III of chapter 30 of title 38, United States Code, as added by subsection (a), shall take effect on July 1, 1986.”

§3021 Supplemental Educational Assistance for Additional Service