Title 38 — Veterans' BenefitsRelease 119-73not60
§3321 Time Limitation for Use of and Eligibility for Entitlement
Title 38 › Part III— READJUSTMENT AND RELATED BENEFITS › Chapter 33— POST–9/11 EDUCATIONAL ASSISTANCE › Subchapter III— ADMINISTRATIVE PROVISIONS › § 3321
Summary
If your last discharge or release from active duty was before January 1, 2013, you must use your education benefits within 15 years counted from that discharge or release. If your last discharge or release was on or after January 1, 2013, your entitlement does not expire. A short period of active duty under 90 days generally does not count as your last discharge or release unless the discharge fits the special rule in section 3311(b)(2). The same timing rules that apply to the 10-year limit in section 3031 also apply to this 15-year limit. The rule in section 3031(f) about ending entitlement applies here too, but any reference to section 3013 should be read as a reference to section 3312. For children and spouses who get benefits because of another person: if they first became entitled before January 1, 2013, they have 15 years to use the benefit (for a child the 15 years start on the child’s eighteenth birthday); if they first become entitled on or after January 1, 2013, their entitlement does not expire.
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 5, 2026
Release point: 119-73not60