38 U.S.C. § 3321 — Time limitation for use of and eligibility for entitlement
submitted 18 years ago by Pub. L. 110-252 to r/title-38-VETERANS-BENEFITS · 536 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
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—
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
in the case of an individual whose last discharge or release from active duty is on or after January 1, 2013, shall not expire.
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).
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.
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.
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).
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—
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
in the case of a child who first becomes entitled to such entitlement on or after January 1, 2013, shall not expire.
The period during which a spouse* entitled to educational assistance by reason of section 3311(b)(9) 1 may use such spouse’s entitlement—
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
in the case of a spouse who first becomes entitled to such entitlement on or after January 1, 2013, shall not expire.
Source credit: (Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2373; amended Pub. L. 111–32, title X, § 1002(c), June 24, 2009, 123 Stat. 1889; Pub. L. 111–275, title X, § 1001(g)(8), Oct. 13, 2010, 124 Stat. 2896; Pub. L. 113–146, title VII, § 701(c), Aug. 7, 2014, 128 Stat. 1796; Pub. L. 115–48, title I, §§ 105(c)(5), 112, Aug. 16, 2017, 131 Stat. 976, 984; Pub. L. 116–61, § 6(4), Sept. 30, 2019, 133 Stat. 1117; Pub. L. 117–328, div. U, title II, § 232(b), Dec. 29, 2022, 136 Stat. 5457; Pub. L. 117–333, § 3(b)(1), Jan. 5, 2023, 136 Stat. 6126.)
- 2008Enacted · Pub. L. 110-252 · 122 Stat. 2373
- 2009Amended · Pub. L. 111-32 · 123 Stat. 1889
- 2010Amended · Pub. L. 111-275 · 124 Stat. 2896
- 2014Amended · Pub. L. 113-146 · 128 Stat. 1796
- 2017Amended · Pub. L. 115-48 · 131 Stat. 976, 984
- 2019Amended · Pub. L. 116-61 · 133 Stat. 1117
- 2022Amended · Pub. L. 117-328 · 136 Stat. 5457
- 2023Amended · Pub. L. 117-333 · 136 Stat. 6126
A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-252 on 2008-06-30.
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