Page images
PDF
EPUB

the lesser of the following two periods of active duty:

will not serve to make the election irrevocable.

(Authority: 38 U.S.C. 3221(f); Pub. L. 101–237) [48 FR 36577, Aug. 12, 1983, as amended at 51 FR 12852, Apr. 16, 1986; 53 FR 34496, Sept. 7, 1988; 57 FR 38614, Aug. 26, 1992; 61 FR 20728, May 8, 1996; 61 FR 29029, June 7, 1996)

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

(1) The individual's first obligated period of active duty which began after December 31, 1976, or

(ii) The individual's period of active duty which began after December 31, 1976, and which is 6 years in length,

(9) If enrolled in a course, courses or a program of education leading to a seondary school diploma or equivalency certificate, the individual:

(1) Must be an enlisted member of the Armed Forces, (11) Must be a participant (iii) Must be training during the last 6 months of his or her first period of active duty, or any time thereafter, and

(5) If he or she originally enlisted after September 7, 1980, must have completed at least 24 months of his or her original enlistment

$21.5041 Periods of entitlement.

(a) Ten-year delimiting period. Except as provided in $21.5042 no educational assistance shall be afforded an eligible individual under chapter 32 beyond the date of 10 years after the later of the following:

(1) His or her last discharge or release from a period of active duty of 90 days or more of continuous service; or

(2) His or her last discharge or release from a period of active duty of any length when the eligible individual is discharged or released

(i) For a service-connected disability;

(ii) For a medical condition which preexisted such service and which VA determines is not service-connected;

(iii) For hardship; or

(iv) Involuntarily for convenience of the government after October 1, 1987, as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy.

(Authority: 38 U.S.C. 3231(b), 10 U.S.C. 977)

(8) Election to receive educational assistance allowance under 38 U.S.C. chapter 32 instead of 10 U.S.C. chapter 1606. An individual who serves in the Selected Reserves may not receive credit for that service under both 38 U.S.C. Chapter 32 and 10 U.S.C. Chapter 1606. I he or she wishes to receive eduCational assistance based upon this service, the veteran must elect the Chapter under which he or she will receive benefits.

(1) This election must be in writing and submitted to VA.

(2) If a veteran elects to receive educational assistance under 38 U.S.C. Chapter 32, and negotiates an educational assistance check which is based upon the period of service for which the election was made, the election is irrevocable. Negotiation of an educational assistance check provided under either 38 U.S.C. chapter 32 or 10 U.S.C. chapter 1606, but based upon a period of service which preceded the period for which an election was made,

(Authority: 38 U.S.C. 3231; Pub. L. 94-502, Pub. L. 99-576, Pub. L. 101–237)

(b) Use of entitlement. The individual

(1) May use his or her entitlement at anytime during the 10-year period after the last discharge or release from active duty or other period as provided pursuant to g 21.5042 of this part;

(2) Is not required to use his or her entitlement in consecutive months.

(Authority: 38 U.S.C. 3232, Pub. L. 94-502, Pub. L. 99–576) (53 FR 34496, Sept. 7, 1988, as amended at 57 FR 38614, Aug. 26, 1992)

$21.5042 Extended period of eligi

bility. (a) General. A veteran shall be granted an extension of the applicable delimiting period, as otherwise determined by $21.5041 of this part 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. VA will not consider the disabling effects of chronic alcoholism to be the result of willful misconduct. See $21.5021(v).

the veteran's original period of bility as determined by $21.5041 part. A period of disability fol the end of the original disability will not be a basis for extension.

(4) VA will not consider a i who is disabled for a period of: or less as having been prevente enrolling or reenrolling in the program of education or was foi discontinue attendance, because short disability.

(Authority: 38 U.S.C. 105, 3232, 3462; Pub. L. 99–576, Pub. L. 100-689)

(b) Application. The veteran must apply for the extended period of eligibility in time for VA to receive the application by the later of the following dates:

(1) One year from the last date of the delimiting period otherwise applicable to the veteran under $21.5401 of this part, or

(2) One year from the termination date of the period of the veteran's mental or physical disability.

(Authority: 38 U.S.C. 3232, Pub. L. 99

(d) Commencing date. The v shall elect the commencing dati extended period of eligibility. Th chosen

(1) Must be on or after the oi date of expiration of eligibility termined by $21.5041 of this part, á

(2) Must be on or before the 90t| following the date on which the eran's application for an extensio approved by VA, if the veteran is ing during the extended period of bility in a course not organized term, quarter or semester basis, a

(3) Must be on or before the fir of the first ordinary term, quart semester following the 90th day the veteran's application for an sion was approved by VA if the ve is training during the extended ; of eligibility in a course organize term, quarter or semester basis.

(Authority: 38 U.S.C. 3232; Pub. L. 99-57

(4) For a veteran whose entitle to an extended period of eligibil dependent upon the disabling effe chronic alcoholism, may not begi fore November 18, 1988.

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

(c) Qualifying period of disability. (1) A veteran's extended period of eligibility shall be based on the period of time that the veteran himself or herself was prevented by reason of physical or mental disability, not the result of the veteran's willful misconduct, from initiating or completing his or her chosen program of education.

(2) VA will not consider the disabling effects of chronic alcoholism to be the result of willful misconduct provided the last date of the time limit for filing a claim for the extension determined under $21.5030(c)(3) of this part occurs after November 17, 1988.

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

(e) Determining the length of erti periods of eligibility. A veteran's tended period of eligibility shal based upon the qualifying period o ability, and determined as follows:

(1) If the veteran is in training course organized on a term, quart semester basis, his or her extende riod of eligibility shall contain same number of days as the numb days from the date during the vete original delimiting period that hi

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

(3) Evidence must be presented which clearly establishes that the veteran's disability made pursuit of his or her program medically infeasible during

plicant's discharge or release from active duty.

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

her training became medically infeasible to the earliest of the following dates:

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

(ii) The veteran's delimiting date as determined by $21.5041 of this part, 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 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 earlier of the following dates:

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

(ii) The veteran's delimiting date as determined by $21.5041 of this part.

$21.5052 Contribution requirements.

(a) Minimum period of participation. Each individual who agrees to participate must do so for a minimum period of 12 consecutive months, unless the participant:

(1) Is allowed to disenroll for hardship reasons;

(2) Is permitted to suspend participation for hardship reasons;

(3) Is discharged or released from active duty;

(4) Otherwise ceases to be legally eligible to participate; or

(5) Elects to make a lump-sum contribution which, when taken together with his or her other contributions, equals the equivalent of at least 12 months' participation.

[blocks in formation]

(Authority: 38 U.S.C. 3221, 3222)

(b) Amount of monthly contribution. The individual shall specify the amount of his or her contribution to the fund.

(1) The contribution shall be at least $25 per month but not more than $100 per month.

(2) The contribution shall be evenly divided by five. See $21.5292 for contributions made furing the 1-year pilot program.

(c) Amount of total contribution. An individual may contribute for the number of months required to reach a total contribution of $2,700.

(d) Changing the monthly contribution. An individual may increase or decrease the amount of the monthly contribution, but may not do so more than once a month.

(e) Prohibition against contributing. An individual may not make contributions to the fund after the date of his or her discharge. The VA does not consider the return of an unnegotiated refund check to be a contribution. A person who returns a refund check remains continuously eligible for benefits.

PARTICIPATION

121.5050 Application requirements for

participation. (a) An individual, who is otherwise eligible to become a participant, must apply to the Service Department under which he or she serves upon forms prescribed by the Service Department and Or Secretary of Defense. (b) No application to participate may be made before entry upon active duty. (C) Each application must be submitted in time to permit the Service Department to make the required deduction from the individual's military pay for at least 1 month before the ap

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

(f) Lump-sum contribution. After September 30, 1980 an individual may make

more than one lump-sum contr per month.

(Authority: 38 U.S.C. 3222(d) [45 FR 31, Jan. 2, 1980, as amended 1 51744, Nov. 17, 1982; 48 FR 50530, Nov 53 FR 617, Jan. 11, 1988; 53 FR 34496, 1988]

a lump-sum contribution or contributions in place of or in addition to monthly contributions.

(1) A lump-sum contribution:
(i) Must be evenly divisible by five,

(ii) Must, when taken together with any monthly contributions the participant may have made or may agree to make, equal or exceed 12 months' participation, and

(iii) Must not exceed $2,700 when taken together with any monthly contributions the participant may have made or may agree to make.

(2) The Department of Veterans Affairs will consider the lump-sum contributions to have been made by monthly deductions from the participant's military pay at the rate of $100 per month unless the participant specifies a different rate which must be

(i) No lower than $25 per month,

(ii) No higher than $100 per month, and

(iii) Evenly divisible by five.

(3) If otherwise eligible to make contributions, a participant:

(i) May make a lump-sum contribution to cover any period of his or her active duty. This may entail a retroactive period, including one which

(A) Begins after December 31, 1976, and before October 1, 1980, or

(B) Although made after October 27, 1986, includes all or part of the period beginning on July 1, 1985, and ending on October 27, 1986.

$21.5053 Restoration of contri

(Persian Gulf War). (a) Restoration of contribution no entitlement is charged. If the sions of $21.5072(i) require that eran's entitlement not be charge payment or payments he or ceived, the amount of the ve contributions which were inclu the payment or payments will stored to the fund by the Depai of Defense.

(Authority: 38 U.S.C. 3235; Pub. L. 1 (Oct. 10, 1991)

(b) Restored contributions are 1 like other contributions. VA will contributions which have been re under paragraph (a) of this sect though the veterans had contri them for all purposes including

(1) Computing the veteran's mo rates and benefit payments $21.5138, and

(2) Determining any refund may become due the veteran $$ 21.5064 and 21.5065.

(Authority: 38 U.S.C. 3235; Pub. L. I (Oct. 10, 1991) (58 FR 34369, June 25, 1993)

(Authority: Pub. L. 99–576, sec. 309(c))

(ii) May make a lump-sum contribution which has the effect of increasing the amount of a monthly contribution the participant made previously, but the payment cannot have the effect of increasing the monthly contribution to an amount greater than $100;

(iii) May make a lump-sum payment to cover a period for which he or she previously obtained a refund;

(iv) May not make a lump-sum payment to cover a period during which the participant was not on active duty or will not be on active duty.

(4) A participant may make as many lump-sum contributions as he or she desires, but he or she may not make

$21.5054 Dates of participation.

(a) General. An individual may ticipate after December 31, 1976. A dividual was not eligible for bei before July 1, 1977, unless disch after January 1, 1977, for a service nected condition. The first dat which an individual on active dut rolled in a course, courses or a pro of education leading to a secol school diploma or equivalency ce cate may receive benefits is subje the eligibility requirements $21.5040(f)(4) and (5).

(Authority: 38 U.S.C. 3231 (a) and (b))

(b) Termination of right to begin ticipation. (1) Except as provide

aph (b)(3) of this section, no indi

on active duty in the Armed may initially enroll after June

Active Duty, as provided in $21.7045, may not reenroll.

(Authority: 38 U.S.C. 3018A, 3018B, 3018C, 3202(1), 3222)

(c) Reenrollment permitted following some disenrollments. (1) Except as provided in paragraph (b) of this section, a person who has disenrolled may reenroll, but will have to qualify again for minimum participation described in 821.5052(a).

(2) If a person does reenroll, he or she may “repurchase” entitlement by tendering previously refunded contributions which he or she received upon disenrollment, subject to the conditions of 821.5052(f).

n initial enrollment occurs when Iceperson who has never contrib) the fundirst makes a lump-sum payment fand, or First authorizes an allotment to r deposit in the fund. See 32 CFR (10). otwithstanding the provisions of aph (b)(1) of this section, any inal on active duty in the Armed who was eligible to enroll on 80, 1985, may enroll at any time the period beginning on October 6, and ending on March 31, 1987.

as

[ocr errors]

rity: 38 U.S.C. 3221(a), Pub. L. 99–576, Bach: Pub. L. 99–576) $2886. Jan. 21, 1986; 51 FR 12321, Apr. 10, us amended at 53 FR 34496, Sept. 7, 1988]

(Authority: 38 U.S.C. 3221, 3222) (45 FR 31, Jan. 2, 1980, as amended at 46 FR 29474, June 2, 1981; 47 FR 51745, Nov. 17, 1982; 51 FR 12853, Apr. 16, 1986; 58 FR 38058, July 15, 1993; 58 FR 40468, July 28, 1993; 61 FR 7217, 7218, Feb. 27, 1996; 61 FR 29029, June 7, 1996)

058 Resumption of participation. General. An eligible individual, remains otherwise eligible, may de active contribution to the fund, or she has: Voluntarily elected to suspend folg completion of minimum partici

$21.5060 Disenrollment.

(a) Voluntary disenrollment. (1) An individual may disenroll at anytime after the initial 12 months of participation.

(2) At any time within the initial 12 months of participation, an individual may elect to disenroll for reasons of personal hardship only.

Suspended at any time for reasons dship; or Received a discharge or release active duty after participation eenlisted.

ority: 38 U.S.C. 3221) Disenrollment in order to participate ker educational programs. A person elects to disenroll in order to reeducational assistance allowance 1 38 U.S.C. chapter 34 or to receive fficer adjustment benefit payable r sec. 207, Pub. L. 101-366, 104 Stat. nay not reenroll if he or she has tiated a check under the provi1 of law governing the program ed in lieu of the Post-Vietnam Era rans' Educational Assistance Pro. A person who elects to disenroll rder to receive educational assistunder the Montgomery GI Bill

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

(b) Nonvoluntary disenrollment. The Department of Veterans Affairs shall disenroll automatically an individual who meets any of the following sets of conditions:

(1) The individual is discharged or released from his or her initial obligated period of active service and:

(i) The discharge or release is under dishonorable conditions, or

(ii) A statutory bar to benefits administered by the Department of Veterans Affairs exists for the individual;

(2) The individual participated only after completion of the initial or subsequent period of active service; is discharged or released and:

(i) The discharge or release is under dishonorable conditions, or

(ii) A statutory bar to benefits exists for the individual; or

« PreviousContinue »