Page images
PDF
EPUB

(3) A person who has enrolled in and is having monthly contributions to the fund made for him or her by the Secretary of Defense.

(Authority: Sec. 903, Pub. L. 96-342, 94 Stat. 1115)

(4) A person who has made a lumpsum contribution to the fund in lieu of or in addition to monthly contributions deducted from his or her military pay.

(Authority: 38 U.S.C. 3222)

(5) Those individuals who have contributed to the fund and

(i) Have been automatically disenrolled as provided in $21.5060(b)(3) of this part,

(ii) Whose funds have been transferred to the Treasury Department as provided in $21.5064(b)(4)(iii) of this part, and

(iii) Who are found to have qualified for an extended period of eligibility as provided in $21.5042 of this part.

(1) For a course leading to a standar college degree:

(i) The entire enrollment period cei tified by the school; or

(ii) That period of time from the be ginning of an enrollment period unt the end of the individual's delimitin period; or

(iii) That period of time from the be ginning of an enrollment period to th date on which the individual's COI tributions in the fund are exhausted whichever is the shortest.

(2) For a residence course not leadin to a standard college degree or for 1 correspondence course that period o time from the beginning of the enroll ment period as certified by the schoo or the date the school last certified oi the quarterly certification of attend ance, whichever is later, to:

(i) The end of the enrollment period

(ii) The end of the quarter to be cer tified;

(iii) The last date of the individual': delimiting period; or

(iv) The date on which the individ ual's contributions to the fund are ex: hausted, whichever occurs first.

(3) (Reserved]

(4) For apprenticeship and other on job training that period of time from the beginning date of training or the date last certified on the monthly cer. tification of training to-

(i) The end of the month to be certified;

(ii) The last date of the veteran's delimiting period;

(iii) The date on which the veteran's entitlement is exhausted, whichever

(Authority: 38 U.S.C. 3232;, Pub. L. 99–576)

(f) Fund-means that trust fund account established to maintain dollar contributions of the participant (and contributions, if any, from the Department of Defense).

(Authority: 38 U.S.C. 3222)

(g) Suspends-means a participant stops contributing to the fund (temporarily or permanently).

(h) Disenrollsmeans a participant terminates participation and forfeits any entitlement to benefits except for a refund of his or her contributions previously made.

(Authority: 38 U.S.C. 3231; Pub. L. 99-576)

(k) Benefit payment-means all educational assistance allowance paid to a veteran for pursuit of a program 01 education during a benefit period.

(Authority: 38 U.S.C. 3221)

(i) Hardship or other good reasonsmeans circumstances considered to be such by the Department of Defense and the Department of Veterans Affairs when referring to suspension or disenrollments, such as illness of the participant or a member of his or her immediate family, unexpected personal expense, etc.

(Authority: 38 U.S.C. 3231)

(1) Spouse-means a person of the opposite sex who is the wife or husband of the participant, and whose marriage to the participant meets the requirements of 83.1(j) of this chapter.

(Authority: 38 U.S.C 3221(b))

(j) Benefit period means:

(Authority: Sec. 903, Pub. L. 96-342, 94 Stat. 1115)

(4) A full-time program of apprenticeship or other on-job training approved as provided in $821.4261 or 21.4262 of this part as appropriate.

Surviving spouse-means a person le opposite sex who is a widow or wer of the participant, and whose riage to the participant meets the irements of $3.1(j) or $3.52 of this ter

Child—1) for the purposes of 067(a) this term means a natural I, step-child or adopted child of the icipant regardless of age or marital

(Authority: 38 U.S.C. 3202(2), 3452(b); Pub. L. 99_576)

(r) Educational objective-An educational objective is one that leads to the awarding of a diploma, degree or certificate which is generally recognized as reflecting educational attainment.

[ocr errors]

(Authority: 38 U.S.C. 3202(2), 3452(b))

(s) Professional or vocational objective-A professional or vocational objective is one that leads to an occupation. It may include educational objectives essential to prepare for the chosen occupation. When a program of education consists of a series of courses not leading to an educational objective, these courses must be generally accepted as necessary for attainment of a designated professional or vocational objective.

(Authority: 38 U.S.C. 3202(2))

(t) Deficiency course—The term deficiency course means any secondary level course or subject not previously completed satisfactorily which is specifically required for pursuit of a postsecondary program of education.

For all other purposes this term is a person whose relationship to articipant meets the requirements 57 or $3.58 of this chapter. Parent-means a person whose renship to the participant meets the irements of $3.59 of this chapter.

hority: 38 U.S.C. 3224) Training establishment-means any blishment providing apprentice or I training on-the-job, including se under the supervision of a college university or any State department dacation, or any State apprenticeagency, or any State board of voonal education, or any joint apticeship committee, or the Bureau pprenticeship and Training estabd in accordance with 29 U.S.C. ter 4C, or any agency of the FedGovernment authorized to supersuch training

jority: 38 U.S.C. 3202(5), 3452(e); Pub. L. )

Program of education-meansAny curriculum or combination of Kcts or unit courses pursued at a hol which is generally accepted as essary to meet requirements for a letermined and identified eduonal, professional or vocational obve; Subjects or unit courses which 11 requirements for more than one etermined and identified objective objectives pursued are generally gnized as being related to a single er field; | Any unit course or subject or bination of courses

or subjects, sued by an individual at an eduonal institution, required by the ninistrator of the Small Business ninistration as a condition to obling financial assistance under the visions of 15 U.S.C. 636; or

(Authority: 38 U.S.C. 3241; Pub. L. 100-689)

(u) Refresher course—The term refresher course means

(1) Either a course at the elementary or secondary level to review or update material previously covered in a course that has been satisfactorily completed, or

(2) A course which permits an 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 individual's active military service and which is necessary to enable the individual to pursue an approved program of education.

(Authority: 38 U.S.C. 3241(a); Pub. L. 100-689, Pub. L. 101-237).

(v) Disabling effects of chronic alcoholism. (1) The term disabling effects of

obtain teacher certification, enrolling in an institution of learning.

(Authority: 38 U.S.C. 3202(2), 3452(C))

(45 FR 31, Jan. 2, 1980, as amended 51743, Nov. 17, 1982; 52 FR 3429, Feb. 4 FR 34495, Sept. 7, 1988; 55 FR 31581, 1990; 57 FR 38614, Aug. 26, 1992; 58 ! June 25, 1993; 61 FR 1526, Jan. 22, 19, 5786, Feb. 7, 2000)

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.

ass

$21.5022 Eligibility under mor

one program. (a) Concurrent benefits unde than one program. An individu not receive educational under 38 U.S.C. Chapter 32 rently with benefits under any following provisions of law:

(1) 38 U.S.C. Chapter 31;
(2) 38 U.S.C. Chapter 35;
(3) 10 U.S.C. Chapter 107;
(4) 10 U.S.C. Chapter 1606;

(5) Section 903 of the Departm Defense Authorization Act, 19 U.S.C. 2141 note); or

(6) The Omnibus Diplomatic Se and Antiterrorism Act of 1986.

(Authority: 38 U.S.C. 105, 3232, 3462; Pub. L. 100-689)

(w) Continuous service means

(1) Active duty served without interruption. A complete separation from active duty service will interrupt the continuity of active duty service.

(2) Time lost while on active duty will not interrupt the continuity of service. Time lost includes, but is not limited to, excess leave, noncreditable time and not-on-duty time.

(Authority: 38 U.S.C. 3232(a); Pub. L. 101-237)

(x) Persian Gulf War. The term “Persian Gulf War" means the period beginning on August 2, 1990, and ending on the date thereafter prescribed by Presidential proclamation or by law.

(Authority: 38 U.S.C. 3681(b))

(b) Total eligibility under more th program. (1) No one may receive : bination of educational assistanc efits under 38 U.S.C. Chapter 32 a1 of the following provisions of li more than 48 months (or par equivalent);

(i) 38 U.S.C. Chapter 30;
(ii) 38 U.S.C. Chapter 35;
(iii) 10 U.S.C. Chapter 107;
(iv) 10 U.S.C. Chapter 1606;

(v) Section 903 of the Departm Defense Authorization Act, 19 U.S.C. 2141, note);

(vi) The Hostage Relief Act of 1 U.S.C. 5561 note); or

(vii) The Omnibus Diplomatic rity and Antiterrorism Act of 1986

(2) No one may receive assis under 38 U.S.C. Chapter 31 in con tion with assistance under 38 Chapter 32 in excess of 48 monti the part-time equivalent) unless V termines that additional monti benefits under 38 U.S.C. Chapter 3

(Authority: 38 U.S.C. 101(33))

(y) Alternative teacher certification program. The term alternative teacher certification program for the purposes of determining whether an entity offering such a program is a school, educational institution or institution, as defined in paragraph (d)(3) of this section, means a program leading to a teacher certificate that allows individuals with a bachelor's degree or graduate degree to

sary to accomplish the purposes

ELIGIBILITY ehabilitation program.

$21.5040 Basic eligibility. ority: 38 U.S.C. 3231, 3695)

(a) Individuals not on active duty. ( 12852. Apr. 16, 1986; 51 FR 16517, May 5, Whether an individual has basic eligius amended at 53 FR 34495, Sept. 7, 1988; bility under 38 U.S.C. Chapter 32 for 38614, Aug. 26, 1992; 61 FR 29029, June 7, educational assistance depends upon

when he or she entered the military

service, the length of that service, and 1023 Nonduplication; Federal pro

the character of that service. rams. individual may not receive edu- (Authority: 38 U.S.C. 3202). nal assistance allowance under 38

(b) Service requirements for all individChapter 32, if the individual is:

uals not on active duty. (1) An individual On active duty and is pursuing a

not on active duty: se of education which is being paid

(i) Must have entered the military in whole or in part, by the Armed

service after December 31, 1976, and beEs (or by the Department of Health

fore July 1, 1985; Human Services in the case of the ic Health Service), or

(Authority: 38 U.S.C. 3202, Pub. L. 99-576) hority: 38 U.S.C. 3241, 3681)

(ii) Must not have and except as pro

vided in paragraph (g) of this section ) Attending a course of education

must not have had basic eligibility training paid for, in whole or in

under 38 U.S.C. Chapter 34; t under the Government Employ

(iii) Must have received an uncondiTraining Act.

tional discharge or release under condi

tions other than dishonorable from any hority: 38 U.S.C. 3241, 3681)

period of service upon which eligibility R 31. Jan. 2, 1980, as amended at 47 FR is based; Nov. 17, 1982; 61 FR 7217, Feb. 27, 1996) (iv) Must either have:

(A) Served on active duty for a least CLAIMS AND APPLICATIONS

181 continuous days, or 5030 Applications, claims, and

(B) Been discharged or released from time limits.

active duty for a service-connected dis

ability. ) To become a participant an indi

(2) The Department of Veterans Afal must apply to his or her Service

fairs will consider that the veteran has artment on forms prescribed by the

an unconditional discharge or release rice Department and/or the Sec

if: ry of Defense.

(i) The individual was eligible for b) Rules and regulations of the ap

complete separation from active duty able Service Department and/or the

on the date a discharge or release was partment of Defense shall determine

issued to him or her, or he application is timely.

(ii) The provisions of 83.13(c) of this ) The provisions of the following chapter are met. tions shall apply to claims for edu

(3) The provisions of $3.12 of this lonal assistance under 38 U.S.C.

chapter as to character of discharge

and $3.13 of this chapter as to condiD Section 21.1029_Definitions.

tional discharges are applicable. Section 21.1030-Claims. Section 21.1031–VA responsibil- (Authority: 38 U.S.C. 3202) s when a claim is filed. Section 21.1032-Time Limits

(c) Additional active duty service re

quirements for some individuals not on acthority: 38 U.S.C. 3232, 3241, 3471; Pub. L. tive duty-Chapter 32. (1) Unless ex02. Pub. L. 99-576)

empted by paragraph (d) of this secFR 31, Jan. 2, 1980, as amended at 48 FR

tion, persons who originally enlist in a 1. Jan. 25, 1983; 53 FR 34495, Sept. 7, 1988; regular component of the Armed R 2772, May 4, 1999)

Forces after September 7, 1980, or who

pter 32:

enter on active duty after October 16, 1981 (either as an enlisted member or an officer) to be eligible under 38 U.S.C. Chapter 32, must first complete the shorter of:

(i) 24 continuous months of active duty, or

(ii) The full period for which the individual was called or ordered to active duty.

(2) For the purpose of paragraph (c)(1) of this section the Department of Veterans Affairs considers that an enlisted person originally enlisted in a regular component of the Armed Forces on the date he or she entered on active duty even through he or she may have signed a delayed-entry contract on an earlier date.

(3) In computing time served for the purpose of this paragraph, the Department of Veterans Affairs will exclude any period during which the individual is not entitled to credit for service as specified in 83.15 of this chapter. However, those periods will be included in determining if the service was continuous.

(d) Individuals exempt from additional active duty requirements. (1) An individual who originally enlists in a regular component of the Armed Forces after September 7, 1980, or who enters on active duty after October 16, 1981 (either as an enlisted member or officer), will be eligible to receive benefits under 38 U.S.C. Chapter 32 based upon the ensuing period of active duty, and is exempt from the provisions of paragraph (c) of this section if he or she subsequently:

(i) Is discharged or released from active duty:

(A) Under 10 U.S.C. 1173 (hardship discharge), or

(B) Under 10 U.S.C. 1171 (early-out discharge), or

(C) For a disability incurred in or aggravated in line of duty; or

(ii) Is found by Department of Veterans Affairs to have a service-connected disability which gives the individual basic entitlement to disability compensation as described in 83.4(b) of this chapter. Once the Department of Veterans Affairs makes this finding, the exemption will continue to apply even if the disability subsequently improves and becomes noncompensable.

(2) An individual who enters 01 riod of active duty after Octol 1981, is also exempt from the pro of paragraph (c) of this section i she:

(i) Previously completed a uous period of active duty of at I months, or

(ii) Was discharged or released previous period of active duty u U.S.C. 1171 (early-out discharge).

(3) In computing time served purpose of this paragraph, the I ment of Veterans Affairs will e any period during which the indi is not entitled to credit for ser specified in $3.15 of this chapter ever, those periods will be inclu determining if the service was c uous.

(e) Savings provision. An indi may become a participant and lish basic eligibility under the sions of this section based upon riod of active duty service which before October 16, 1981. He or she not lose the basic eligibility upon that period of service if, foll a release from active duty, the vidual reenters on active duty aft tober 16, 1981, and fails to meet t quirements of paragraph (c) of th tion or qualify for an exemption paragraph (d) of this section. He will receive a refund of any con tions he or she may make to the during the second period of duty. See $21.5065.

(Authority: 38 U.S.C. 3202, 5303A)

(f) Individuals on active duty. 1 tablish basic eligibility under 38 1 Chapter 32 for educational assis an individual on active duty:

(1) Must have entered into mil service after December 31, 1976, ar fore July 1, 1985.

(Authority: 38 U.S.C. 3202, Pub. L. Pub. L. 99-576)

(2) Must have served on active for a period of 181 or more contir days after December 31, 1976, and

(3) If not enrolled in a course, co or a program of education leading secondary school diploma or eqi lency certificate, must have comp

« PreviousContinue »