requirements of §21.1040 will be entitled to full-time educational assistance for a period not in excess of 45 months computed on the basis of 12 months (or the equivalent in part-time educational assistance) for each month or fraction of a month of service on active duty on or after February 1, 1955, up to and including the date of the veteran's first discharge or release after December 31, 1976, if he or she was in the active military service on December 31, 1976, or has eligibility as provided in §21.1040(a)(2). First discharge or release means the first such discharge or release wherein the person is eligible for complete separation from active duty. There will be excluded from the period of entitlement the periods specified in §21.1040 (b) and (c).

(2) A veteran who has served a continuous period of not less than 18 months of active duty on or after February 1, 1955, and who has been released from such service under conditions that satisfied his or her active duty obligation, will be entitled to full-time educational assistance for a period of 45 months (or the equivalent in parttime educational assistance). Service on or after January 1, 1977, may be included up to and including the date of the veteran's first discharge or release after December 31, 1976, if he or she was in the active military service on December 31, 1976, or has eligibility based upon section 3452(a)(1)(B), Title 38 U.S.C. (§21.1040(a)(2)). The periods specified in §21.1040(b) will be excluded in computing the 18 months period.

(3) The veteran may use his or her entitlement at any time during the 10year period, including any applicable extension of it, determined under §§ 21.1042 and 21.1043, but in no event shall education or training be afforded a veteran under Chapter 34 or 36 after December 31, 1989. It is not required that the entitlement time be used in consecutive months.

(Authority: 38 U.S.C. 3462(a)(1))

(4) The 45 months limitation may be exceeded when the Department of Veterans Affairs authorizes an extension under paragraph (d) of this section, or when the Department of Veterans Affairs makes no charge against entitlement, as provided in § 21.1045(a) because

the veteran, serviceperson or eligible person is pursuing a course at a secondary level under the Program of Special Assistance for the Educationally Disadvantaged.

(b) Prior Department of Veterans Affairs training. The period of entitlement for educational assistance when added to education or training received under any laws cited in §21.4020 will not exceed 48 months of full-time educational assistance, except as provided in paragraph (a)(4) of this section. The Department of Veterans Affairs will compute a reduction in the period of entitlement because of prior training as provided in paragraph (c) of this section. (Authority: 38 U.S.C. 3462)

(c) Reduction for prior Department of Veterans Affairs training. Where the period of entitlement is subject to reduction by reason of prior training, the Department of Veterans Affairs will convert the period remaining to months and days after subtracting the period of prior training.

(Authority: 38 U.S.C. 3695)

(d) Extension. The period of entitlement, including the 45-months period, may be extended, but not beyond the delimiting date specified in §§ 21.1042 and 21.1043:

(Authority: 38 U.S.C. 3462(a)(1))

(1) To the end of a term, quarter or semester in a school regularly operated on a term, quarter or semester system, when the period of entitlement ends during the term, quarter or semester.

(2) When the period of entitlement ends after more than half the course has been completed the veteran's or eligible person's period of entitlement will be extended:

(1) In a course consisting exclusively of flight training:

(A) To the end of the course or

(B) The additional amount of instruction that $846 will provide effective October 1, 1980, and $888 will provide effective January 1, 1981, whichever is less; (ii) In a course pursued exclusively by correspondence:

(A) To the end of the course or

(B) The additional amount that $1,053 will provide, whichever is less; (Authority: 38 U.S.C. 3686(a))

(iii) In all other schools:

(A) To the end of the course or (B) For 12 weeks, whichever is less. (Authority: 38 U.S.C. 3461, 3686(a))

(3) No extension of the period of entitlement will be made where training is pursued in a training establishment as defined in §21.4200.

(4) A veteran may elect to reimburse the Department of Veterans Affairs for educational assistance paid to him or her for one or more intervals between terms, quarters or semesters and have entitlement restored for as many intervals as necessary to allow payment of educational assistance for one additional term, quarter or semester through an extension. Before the veteran can reimburse the Department of Veterans Affairs and receive additional educational assistance, all of the following conditions must be met:

(i) Payment for the interval or intervals must have been made without specific request from the student;

(ii) The payment checks for the interval or intervals must have been negotiated;

(iii) The election is to the advantage of the veteran;

(iv) The veteran has not previously made such an election; reimbursed the Department of Veterans Affairs; and received an extension. Entitlement for intervals must be repurchased sequentially beginning with the most recent interval for which payment was made without the student's request.

(Authority: 38 U.S.C. 3461))

[31 FR 6771, May 6, 1966, as amended at 34 FR 840, Jan. 18, 1969; 43 FR 35288, Aug. 9, 1978; 44 FR 23219, Apr. 19, 1979; 44 FR 62494, Oct. 31, 1979; 48 FR 37971, Aug. 22, 1983; 50 FR 19934, May 13, 1985]

§ 21.1042 Ending dates of eligibility.

The ending date of eligibility will be determined as follows:

(a) General. Except as otherwise provided in this section and as provided by $21.1043 and 21.1044, the Department of Veterans Affairs will not provide educational assistance to a veteran after the earlier of the following:

(1) Ten years from his or her last discharge or release from active duty after January 31, 1955, or

(2) December 31, 1989.

(b) Correction of military records. If the veteran becomes eligible for educational assistance as the result of a correction of military records under 10 U.S.C. 1552, or a change, correction or modification of a discharge or dismissal under 10 U.S.C. 1553, or other corrective action by competent military authority, the Department of Veterans Affairs will not provide educational assistance later than 10 years after the date his or her discharge or dismissal was changed, corrected or modified (except as provided by § 21.1043 or §21.1044), or December 31, 1989, whichever is the earlier.

(c) Initial eligibility—(1) Discharge or release before June 1, 1966. Where eligibility is based on a discharge or release from active duty before June 1, 1966, educational assistance will not be afforded later than May 31, 1976.

(2) Discharge or release before August 31, 1967. Where eligibility is based on a discharge or release from active duty before August 31, 1967, educational or training assistance based on a course of apprentice or other on-the-job training, flight training, or farm cooperative training approved under the provisions of § 21.4261, 21.4262, 21.4263 or 21.4264 will not be afforded later than August 30, 1977.

(Authority: 38 U.S.C. 3462)

(d) Eligibility based on completion of an obligated period of active duty. A veteran's eligibility may be based solely on a completion of an obligated period of active duty followed by discharge considered to be unconditional under §3.13(c) of this chapter. When this occurs, the Department of Veterans Affairs shall not afford the veteran an educational assistance allowance after October 8, 1987, or 10 years after the veteran completed the qualifying period of active duty unless the veteran qualified for a later ending date pursuant to §21.1043. In no event, however, shall the Department of Veterans Affairs furnish educational assistance allowance after December 31, 1989.

(Authority: 38 U.S.C. 101, 3462)

(e) Eligibility established after the Department of Veterans Affairs determines the character of discharge. If a veteran receives an undesirable discharge, or a

bad conduct discharge, but is entitled to educational assistance allowance because the Department of Veterans Affairs determines pursuant to §3.12 of this chapter that the discharge was under conditions other than dishonorable, the last date on which educational allowance may be afforded shall be determined as follows:

(1) If the veteran's discharge is under other than dishonorable conditions pursuant to §3.12 of this chapter as that section was written and interpreted on the date the veteran was discharged, no educational assistance shall be afforded after the dates set forth in paragraph (a) or (c) of this section, as appropriate.

(2) If the veteran was discharged prior to October 8, 1977, and his or her discharge is considered to have been under dishonorable conditions pursuant to §3.12 of this chapter as that section was written and interpreted on the date of his or her discharge, but is considered to have been under other than dishonorable conditions pursuant to §3.12 of this chapter as that section was written and interpreted after October 7, 1977, educational assistance shall not be afforded after October 7, 1987, unless the veteran qualifies for a later date pursuant to §21.1043. In no event, however, shall such a veteran receive educational assistance allowance after December 31, 1989.

(3) A veteran may have his or her eligibility arise under paragraph (b) of this section, and then lose eligibility under that paragraph, because a later review by an appropriate military authority revealed that the change, correction or modification was not in accordance with historically consistent, uniform standards and procedures. If such a veteran having been in receipt of educational assistance, reestablishes his or her eligibility through the Department of Veterans Affairs's determination that the veteran's discharge was under conditions other than dishonorable, no educational assistance shall be afforded later than:

(1) Ten years from the date of discharge or dismissal if the veteran's discharge would have been considered to have been under other than dishonorable conditions pursuant to §3.12 of this chapter as that section was writ

ten and interpreted on the date he or she was discharged or dismissed.

(ii) Ten years from the first date of training for which the veteran received educational assistance if the veteran's discharge or dismissal would have been considered to have been under dishonorable conditions pursuant to §3.12 of this chapter as that section was written on the date the veteran was discharged or dismissed, but is considered to have been under conditions other than dishonorable pursuant to §3.12 of this chapter as that section was written after October 7, 1977. In no event, however, shall such a veteran receive educational assistance allowance after December 31, 1989.

(Authority: 38 U.S.C. 3462, 5303)

(4) If the veteran was discharged before December 31, 1979, and due to the veteran's commission of homosexual acts while on active duty, his or her discharge is considered to have been under dishonorable conditions pursuant to §3.12 of this chapter as that section was written and interpreted on the date of his or her discharge, but is considered to have been under other than dishonorable conditions pursuant to §3.12 of this chapter as that section was written and interpreted after December 30, 1979, educational assistance may be afforded the veteran through December 31, 1989.

(Authority: 38 U.S.C. 3462, 5303)

(f) Discontinuance. If the veteran is pursuing a course on the date of expiration of eligibility as determined under this section, the educational assistance allowance will be discontinued effective the day preceding the end of the 10-year period, or December 31, 1989, whichever is the earlier.

(g) Periods excluded. There shall be excluded in computing the 10-year period of eligibility for educational assistance under this section, any period during which the eligible veteran subsequent to his or her last discharge or release from active duty was captured and held as a prisoner of war by a foreign government or power plus any period immediately following the veteran's release from detention during which he or she was hospitalized at a military, civilian, or Department of

Veterans Affairs medical facility, provided:

(1) The veteran served on or after February 1, 1955, and

(2) The veteran was eligible for educational assistance under the provisions of Chapter 34 of Chapter 36 of Title 38 U.S.C.

(Authority: 38 U.S.C. 3462)

[43 FR 35289, Aug. 9, 1978, as amended at 44 FR 62494, Oct. 31, 1979; 45 FR 59312, Sept. 9, 1980; 48 FR 1196, Jan. 11, 1983; 53 FR 19298, May 27, 1988]

(a) General. A veteran shall be granted an extension of the applicable delimiting period, as otherwise determined by §21.1042 provided:

(1) The veteran applies for an extension.

(2) The veteran was prevented from initiating or completing the chosen program of education within the otherwise applicable delimiting period because of a physical or mental disability that did not result from the willful misconduct of the veteran. It must be clearly established by medical evidence that such a program of education was medically infeasible. A veteran who is disabled for a period of 30 days or less I will not be considered as having been prevented from initiating or completing a chosen program, unless the evidence establishes that the veteran was prevented from enrolling or reenrolling in the chosen program of education, or was forced to discontinue attendance, because of the short disability.

(i) For the purposes of the extension of the period of eligibility described in this section, the Department of Veterans Affairs will not consider the disabling effects of chronic alcoholism to be the result of willful misconduct and will consider those disabling effects as physical or mental disabilities.

(ii) The provisions of paragraph (a)(2)(1) of the section will apply only when the last date of the time limit for filing a claim for the extension determined under § 21.1032(d) of this part occurs after November 17, 1988.

(Authority: 38 U.S.C. 3462; Pub. L. 100-689)

(3) The veteran is otherwise eligible for payment of educational assistance

for the training pursuant to Chapter 34, Title 38 U.S.C.

(Authority: 38 U.S.C. 3462)

(b) Disabling effects of chronic alcoholism. (1) The term disabling effects of chronic alcoholism means alcohol-induced physical or mental disorders or both, such as habitual intoxication, withdrawal, delirium, amnesia, dementia, and other like manifestations of chronic alcoholism which, in the particular case

(i) Have been medically diagnosed as manifestations of alcohol dependency or chronic alcohol abuse, and

(ii) Are determined to have prevented commencement or completion of the affected individual's chosen program of education.

(2) A diagnosis of alcoholism, chronic alcoholism, alcohol-dependency, chronic alcohol abuse, etc., in and of itself, does not satisfy the definition of this term.

(3) Injury sustained by a veteran as a proximate and immediate result of activity undertaken by the veteran while physically or mentally unqualified to do so due to alcoholic intoxication is not considered a disabling effect of chronic alcoholism.

(Authority: 38 U.S.C. 105, 3462; Pub. L. 100689)

(c) Commencing date. The veteran shall elect the commencing date of an extended period of eligibility. The date chosen:

(1) Must be on or after the original date of expiration of eligibility as determined by §21.1042, and

(2) Must be after November 17, 1988, if the veteran qualifies for the extended period of eligibility solely based on the disabling effects of chronic alcoholism, and

(3) Must be on or before the ninetieth day following the date on which the veteran's application for an extension was approved by the Department of Veterans Affairs, if the veteran is training during the extended period of eligibility in a course not organized on a term, quarter or semester basis, or

(4) Must be on or before the first ordinary term, quarter or semester following the ninetieth day after the veteran's application for an extension was approved by the Department of Veter

ans Affairs if the veteran is training during the extended period of eligibility in a course organized on a term, quarter or semester basis.

(d) Length of extended periods of eligibility. A veteran's extended period of eligibility shall be for the length of time that the individual was prevented from initiating or completing his or her chosen program of education. This shall be determined as follows:

(1) If the veteran is in training in a course organized on a term, quarter, or semester basis, his or her extended period of eligibility shall contain the same number of days as the number of days from the date during the veteran's original delimiting period that his or her training became medically infeasible to the earliest of the following dates:

(i) The commencing date of the ordinary term, quarter or semester following the day the veteran's training became medically feasible,

(ii) The veteran's delimiting date as determined by §21.1042, or

(iii) The date the veteran resumed training.

(2) If the veteran is training in a course not organized on a term, quarter or semester basis, his or her extended period of eligibility shall contain the same number of days from the date during the veteran's original delimiting period that his or her training became medically infeasible to the earlier of the following dates:

(i) The date the veteran's training became medically feasible or

(ii) The veteran's delimiting date as determined by §21.1042.

(Authority: 38 U.S.C. 3462(a)(1))

(e) Discontinuance. If the veteran is pursuing a course on the date an extended period of eligibility expires (as determined under this section), the Department of Veterans Affairs will discontinue the educational assistance allowance effective the day before the end of the extended period of eligibility.

(Authority: 38 U.S.C. 3462)

[44 FR 62494, Oct. 31, 1979, as amended at 48 FR 37971, Aug. 22, 1983; 54 FR 31951, Aug. 3, 1989; 55 FR 13531, Apr. 11, 1990]

§ 21.1044 Additional period of eligi bility.

A veteran who meets the basic eligibility criteria found in §21.1040 has an additional period of eligibility if he or she also meets the requirements of this section.

(a) Service requirements—(1) The veteran must have: (i) Served at least 1 day on active duty after August 4, 1964 and before May 8, 1975, and

(ii) Received an unconditional discharge or release under conditions other than dishonorable from the period of service upon which the additional eligibility period is based.

(2) In determining whether this requirement is met, the Department of Veterans Affairs will use the criteria stated in §21.1040(d).

(b) Entitlement requirement. The veteran must have unused entitlement to educational assistance allowance.

(c) Time and length of additional eligibility period. (1) If the ending date of the veteran's period of eligibility or extended period of eligibility as determined by §21.1042 or §21.1043 is before January 1, 1982, and the veteran is not pursuing an associate degree program which is predominantly vocational in content, the beginning date of the additional eligibility period will be—

(i) The first date of attendance or training as certified by the school or training establishment, or

(ii) January 1, 1982, whichever is later.

(2) If the ending date of the veteran's period of eligibility or extended period of eligibility as determined by §21.1042 or § 21.1043 is after December 31, 1981, and the veteran is not pursuing an associate degree program which is predominantly vocational in content, the beginning date of the additional eligibility period will be

(i) The first date of attendance or training as certified by the school or training establishment, or

(ii) The first day following the end of the veteran's period of eligibility or extended period of eligibility, whichever is later.

(3) If the ending date of the veteran's period of eligibility or exended period of eligibility as determined by §21.1042 or § 21.1043 is before October 1, 1983, and the veteran is pursuing an associate de