Title 38, Veterans' BenefitsRelease 119-110

§3691A Withdrawal or Leave of Absence From Certain Education

Title 38 › PART III — READJUSTMENT AND RELATED BENEFITS › CHAPTER 36 — ADMINISTRATION OF EDUCATIONAL BENEFITS › SUBCHAPTER III — MISCELLANEOUS PROVISIONS › § 3691A

Last updated Sep 22, 2026|Official source

Summary

A service member who gets orders to begin covered service can withdraw from or take a leave from their college classes. The college must not punish the student for doing this. It cannot give a failing grade, lower the student’s GPA, call the absences unexcused, or charge financial penalties for leaving. If the student withdraws, the school must refund all tuition and fees, including housing, for that academic term. If the student takes a leave, the school must give an “incomplete” (or similar) grade for that term and, as far as practical, let the student finish the term after their service ends. Covered education = a college course paid with certain education benefits; covered member = a member of the Armed Forces (including reserve components) enrolled in covered education; covered service = active service, inactive‑duty training, or State active duty; institution concerned = the college where the student is enrolled; institution of higher education = a college or university as defined in the Higher Education Act of 1965; period of covered service = from the date the member enters covered service until they are released or die while in service.

Full Legal Text

Title 38, §3691A

Veterans' Benefits, Source: USLM XML via OLRC

(a)In General.—

(1)A covered member may, after receiving orders to enter a period of covered service, withdraw or take a leave of absence from covered education.

(2)(A)The institution concerned may not take any adverse action against a covered member on the basis that such covered member withdraws or takes a leave of absence under paragraph (1).

(B)Adverse actions under subparagraph (A) include the following:

(i)The assignment of a failing grade to a covered member for covered education.

(ii)The reduction of the grade point average of a covered member for covered education.

(iii)The characterization of any absence of a covered member from covered education as unexcused.

(iv)The assessment of any financial penalty against a covered member.

(b)Withdrawal.—

If a covered member withdraws from covered education under subsection (a), the institution concerned shall refund all tuition and fees (including payments for housing) for the academic term from which the covered member withdraws.

(c)Leave of Absence.—

If a covered member takes a leave of absence from covered education under subsection (a), the institution concerned shall—

(1)assign a grade of “incomplete” (or equivalent) to the covered member for covered education for the academic term from which the covered member takes such leave of absence; and

(2)to the extent practicable, permit the covered member, upon completion of the period covered service, to complete such academic term.

(d)Definitions.—

In this section: (1)

(2)The term “covered member” means a member of the Armed Forces (including the reserve components) enrolled in covered education.

(3)The term “covered service” means—

(A)active service or inactive-duty training, as such terms are defined in section 101 of title 10; or

(B)State active duty, as defined in section 4303 of this title.

(4)The term “institution concerned” means, with respect to a covered member, the institution of higher education where the covered member is enrolled in covered education.

(5)The term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(6)The term “period of covered service” means the period beginning on the date on which a covered member enters covered service and ending on the date on which the covered member is released from covered service or dies while in covered service.

Reference

Citations & Metadata

Citation

38 U.S.C. § 3691A

Title 38, Veterans' Benefits

Last Updated

Sep 22, 2026

Release point: 119-110