38 U.S.C. § 3462 : US Code - Section 3462: Time limitations for completing a program of education

Search 38 U.S.C. § 3462 : US Code - Section 3462: Time limitations for completing a program of education

DELIMITING PERIOD FOR COMPLETION
(a)(1) Subject to paragraph (4) of this subsection, no
educational assistance shall be afforded an eligible veteran under
this chapter beyond the date 10 years after the veteran's last
discharge or release from active duty after January 31, 1955;
except that, in the case of any eligible veteran who was prevented
from initiating or completing such veteran's chosen program of
education within such time period because of a physical or mental
disability which was not the result of such veteran's own willful
misconduct, such veteran shall, upon application made within one
year after (A) the last date of the delimiting period otherwise
applicable under this section, (B) the termination of the period of
such mental or physical disability, or (C) October 1, 1980,
whichever is the latest, be granted an extension of the applicable
delimiting period for such length of time as the Secretary
determines, from the evidence, that such veteran was so prevented
from initiating or completing such program of education. When an
extension of the applicable delimiting period is granted a veteran
under the preceding sentence, the delimiting period with respect to
such veteran will again begin running on the first day following
such veteran's recovery from such disability on which it is
reasonably feasible, as determined in accordance with regulations
which the Secretary shall prescribe, for such veteran to initiate
or resume pursuit of a program of education with educational
assistance under this chapter.
[(2) Repealed. Pub. L. 108-183, title III, Sec. 306(d), Dec. 16,
2003, 117 Stat. 2661.]
[(3) Repealed. Pub. L. 107-14, Sec. 8(a)(5), June 5, 2001, 115
Stat. 34.]
(4) For purposes of paragraph (1) of this subsection, a veteran'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 involved is
discharged or released for a service-connected disability, for a
medical condition which preexisted such service and which the
Secretary determines is not service connected, for hardship, or as
a result of a reduction in force as described in section
3011(a)(1)(A)(ii)(III) of this title.
CORRECTION OF DISCHARGE
(b) In the case of any eligible veteran who has been prevented,
as determined by the Secretary, from completing a program of
education under this chapter within the period prescribed by
subsection (a), because the veteran had not met the nature of
discharge requirements of this chapter before a change, correction,
or modification of a discharge or dismissal made pursuant to
section 1553 of title 10, the correction of the military records of
the proper service department under section 1552 of title 10, or
other corrective action by competent authority, then the 10-year
delimiting period shall run from the date the veteran's discharge
or dismissal was changed, corrected, or modified.
SAVINGS CLAUSE
(c) In the case of any eligible veteran who was discharged or
released from active duty before June 1, 1966, the 10-year
delimiting period shall run from such date, if it is later than the
date which otherwise would be applicable. In the case of any
eligible veteran who was discharged or released from active duty
before August 31, 1967, and who pursues a course of farm
cooperative training, apprenticeship or other training on the job,
the 10-year delimiting period shall run from August 31, 1967, if it
is later than the date which would otherwise be applicable.
(d) In the case of any veteran (1) who served on or after January
31, 1955, (2) who became eligible for educational assistance under
the provisions of this chapter or chapter 36 of this title, and (3)
who, subsequent to the veteran's last discharge or release from
active duty, was captured and held as a prisoner of war by a
foreign government or power, there shall be excluded, in computing
the veteran's 10-year period of eligibility for educational
assistance, any period during which the veteran was so detained and
any period immediately following the veteran's release from such
detention during which the veteran was hospitalized at a military,
civilian, or Department of Veterans Affairs medical facility.
(e) No educational assistance shall be afforded any eligible
veteran under this chapter or chapter 36 of this title after
December 31, 1989.