38 U.S.C. § 3241 — Requirements
submitted 50 years ago by Pub. L. 94-502 to r/title-38-VETERANS-BENEFITS · 348 words · no verdicts yet
Several listed education rules apply to people studying while on active duty and after leaving active duty. The Secretary may approve certain refresher, deficiency, preparatory, special, and flight training when the stated conditions are met.
(a) Active duty*. (1) The listed provisions of this title and chapter 36, except section 3687, apply to people pursuing education while serving on active duty. (2) Despite the cited rule against enrolling an eligible veteran* in education for which the veteran* is “already qualified”—a term this section does not define—and subject to the Secretary’s regulations, the Secretary* may approve refresher courses, including courses updating knowledge or skills or teaching technological advances in the person’s employment field during and since military service, deficiency courses, and other preparatory or special education or training needed to pursue an approved program.
(b) Flight training. In addition to flight training that may be approved under section 3680A(b), the Secretary may approve flight training for a person entitled to basic assistance if (1) it is generally accepted as necessary for a recognized vocational objective in aviation; (2) the person has a valid pilot certificate and, on the first day of training, meets the medical requirements for a commercial pilot certificate; and (3) the flight-school courses meet FAA standards and are approved by the FAA and the State* approving agency.
(c) After active duty. The listed provisions of this title and chapter 36, except section 3687, apply to people pursuing education after discharge or release* from active duty.
The provisions of sections 3470, 3471, 3474, 3476, 3483, 3485, and 3491(a)(1) of this title and the provisions of chapter 36 of this title (with the exception of section 3687) shall be applicable with respect to individuals who are pursuing programs of education while serving on active duty*.
The Secretary* may, without regard to the application to this chapter of so much of the provisions of section 3471 of this title as prohibit the enrollment of an eligible veteran* in a program of education* in which the veteran* is “already qualified”, and pursuant to such regulations as the Secretary shall prescribe, approve the enrollment of such individual in refresher courses (including courses which will permit such individual to update knowledge and skills or be instructed in the technological advances which have occurred in the individual’s field of employment during and since the period of such veteran’s active military service), deficiency courses, or other preparatory or special education or training courses necessary to enable the individual to pursue an approved program of education.
The Secretary may approve the pursuit of flight training (in addition to a course of flight training that may be approved under section 3680A(b) of this title) by an individual entitled to basic educational assistance under this chapter if—
such training is generally accepted as necessary for the attainment of a recognized vocational objective in the field of aviation;
the individual possesses a valid pilot certificate and meets, on the day the individual begins a course of flight training, the medical requirements necessary for a commercial pilot certificate; and
the flight school courses meet Federal Aviation Administration standards for such courses and are approved by the Federal Aviation Administration and the State* approving agency.
The provisions of sections 3470, 3471, 3474, 3476, 3483, and 3491(a) (other than clause (1)) of this title and the provisions of chapter 36 of this title (with the exception of section 3687) shall be applicable with respect to individuals who are pursuing programs of education following discharge or release* from active duty.
Source credit: (Added Pub. L. 94–502, title IV, § 404, Oct. 15, 1976, 90 Stat. 2397, § 1641; amended Pub. L. 96–466, title IV, § 405, Oct. 17, 1980, 94 Stat. 2202; Pub. L. 97–35, title XX, § 2003(a)(2), Aug. 13, 1981, 95 Stat. 782; Pub. L. 99–576, title III, §§ 308(b), 310(c), Oct. 28, 1986, 100 Stat. 3270, 3272; Pub. L. 100–689, title I, § 106(b), Nov. 18, 1988, 102 Stat. 4167; Pub. L. 101–237, title IV, § 423(a)(5)(B), (b)(1)(A), Dec. 18, 1989, 103 Stat. 2091, 2092; Pub. L. 102–16, §§ 2(b)(2), 7(a), Mar. 22, 1991, 105 Stat. 49, 51; renumbered § 3241 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–568, title III, § 313(a)(5), Oct. 29, 1992, 106 Stat. 4332; Pub. L. 103–446, title VI, § 601(b), title XII, § 1201(d)(12), Nov. 2, 1994, 108 Stat. 4670, 4684; Pub. L. 105–368, title II, § 204(a), Nov. 11, 1998, 112 Stat. 3327.)
- 1976Enacted · Pub. L. 94-502 · 90 Stat. 2397
- 1980Amended · Pub. L. 96-466 · 94 Stat. 2202
- 1981Amended · Pub. L. 97-35 · 95 Stat. 782
- 1986Amended · Pub. L. 99-576 · 100 Stat. 3270, 3272
- 1988Amended · Pub. L. 100-689 · 102 Stat. 4167
- 1989Amended · Pub. L. 101-237 · 103 Stat. 2091, 2092
- 1991Amended · Pub. L. 102-16 · 105 Stat. 49, 51
- 1991Amended · Pub. L. 102-83 · 105 Stat. 406
- 1992Amended · Pub. L. 102-568 · 106 Stat. 4332
- 1994Amended · Pub. L. 103-446 · 108 Stat. 4670, 4684
- 1998Amended · Pub. L. 105-368 · 112 Stat. 3327
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-502 on 1976-10-15.
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