§3312 — Title 38 Veterans' Benefits | U.S. Code

Summary

If you qualify, you can get up to 36 months of education benefits under this program. That total can be limited by other parts of the law and by certain rules about how benefits are paid. If you had to stop classes because you were called to active duty, or because while on active duty you were moved to a new duty station, given a new assignment, or had to do more work, and you lost credit or training time as a result, payments for those courses will not be counted against your 36 months or against any overall time limit. The time that is not counted cannot be more than the time you were enrolled and lost credit for, and an official must find that these conditions applied.

Title 38, §3312

Veterans' Benefits — Source: USLM XML via OLRC

(a)Subject to section 3695 and except as provided in subsections (b) and (c), an individual entitled to educational assistance under this chapter is entitled to a number of months of educational assistance under section 3313 equal to 36 months.

(b)The receipt of educational assistance under section 3313 by an individual entitled to educational assistance under this chapter is subject to the provisions of section 3321(b)(2).

(c)(1)Any payment of educational assistance described in paragraph (2) shall not—

(A)be charged against any entitlement to educational assistance of the individual concerned under this chapter; or

(B)be counted against the aggregate period for which section 3695 limits the individual’s receipt of educational assistance under this chapter.

(2)Subject to paragraph (3), the payment of educational assistance described in this paragraph is the payment of such assistance to an individual for pursuit of a course or courses under this chapter if the Secretary finds that the individual—

(A)(i)in the case of an individual not serving on active duty, had to discontinue such course pursuit as a result of being called or ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10; or

(ii)in the case of an individual serving on active duty, had to discontinue such course pursuit as a result of being ordered to a new duty location or assignment or to perform an increased amount of work; and

(B)failed to receive credit or lost training time toward completion of the individual’s approved education, professional, or vocational objective as a result of having to discontinue, as described in subparagraph (A), the individual’s course pursuit.

(3)The period for which, by reason of this subsection, educational assistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the portion of the period of enrollment in the course or courses from which the individual failed to receive credit or with respect to which the individual lost training time, as determined under paragraph (2)(B).

Statutory Notes and Related Subsidiaries

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.

§3312 Educational Assistance: Duration

Summary

Title 38, §3312

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata