PRIA, Government Policy, Made Personal

Summary

You get 15 years to use your education benefits if your last discharge or release from active duty was before January 1, 2013. If your last discharge or release was on or after January 1, 2013, your entitlement does not expire. A discharge from a duty period under 90 continuous days does not count as your last discharge unless you were released for the special reasons listed in section 3311(b)(2). If a child becomes eligible because a parent died, the child has 15 years from his or her 18th birthday to use the benefits when eligibility began before January 1, 2013; if eligibility began on or after January 1, 2013, the benefits do not expire. The same rule applies to spouses who become eligible because a member died: 15 years from the date they first become eligible if that date is before January 1, 2013, and no expiration if on or after January 1, 2013. Several detailed rules about how the 15-year clock runs or ends follow the same rules found in section 3031, and the rule in section 3031(f) about ending entitlement also applies here, but any reference to section 3013 in that rule should be read as section 3312 for this chapter.

Title 38, §3321

Veterans' Benefits, Source: USLM XML via OLRC

(a)In General.—

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)Exceptions.—

(1)Applicability of section 3031 to running of period.—

(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)Applicability of section 3031 to termination.—

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)Determination of last discharge or release.—

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)Applicability to children of deceased members.—

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)Applicability to spouses of deceased members.—

The period during which a spouse entitled to educational assistance by reason of section 3311(b)(9) 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.

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.

§3321 Time Limitation for Use of and Eligibility for Entitlement

Summary

Title 38, §3321

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Effective Date

Citations & Metadata