Page images

(b) Coordination with the Adjudication Division. The VR&C Division will inform the Adjudication Division in writing upon employment of the participating qualified veteran during a program of either vocational rehabilitation services or counseling and employment services and when such employment has continued for 12 consecutive months. See $3.343(c)(2) of this title.

821.7000 Establishment of educational

assistance program. (a) Establishment. An educational assistance program for certain veterans and servicemembers is established.

(Authority: 38 U.S.C. 3001(1); Pub. L. 98-525)

(b) Purpose. The purpose of this program is as stated in 38 U.S.C. 3001.

Authority: 38 U.S.C. 1163(a))

[blocks in formation]

121.6523 Entry and reentry into a pro

gram of counseling and employment services under 38 U.S.C.

3104(a) (2) and (5). (a) Dates of entry. A qualified veteran, bot eligible to receive Chapter 31 benefits, may not enter or pursue a program of counseling and employment services under 38 U.S.C. 3104(a) (2) and 15), before February 1, 1985, or later than December 31, 1992.

(dathority: 38 U.S.C. 1163; Pub. L. 100-687; Pab. L. 102-291)

(b) Reentry. The provisions of paragraph (a) of this section are also applicable to veterans being provided additonal counseling and employment services following a redetermination of eligibility and entitlement to such services.

$21.7020 Definitions.

For the purposes of regulations from $ 21.7000 through $21.7499 and the payment of basic educational assistance and supplemental educational assistance under 38 U.S.C. chapter 30, the following definitions apply. (See also additional definitions in $21.1029).

(a) Definitions of participants-(1) Servicemember. The term servicemember means anyone who:

(i) Meets the eligibility requirements of $21.7042 or $21.7044, and

(ii) Is on active duty with the Army, Navy, Air Force, Marine Corps, Coast Guard, Public Health Service or National Oceanographic and Atmospheric Administration.

Authority: 38 U.S.C. 1163; Pub. L. 100-687; Pub. L. 102-291) 5 FR 19333, May 29, 1986. Redesignated at 53 TH 4397, Feb. 16, 1988, as amended at 55 FR 17273, Apr. 24, 1990; 58 FR 41637, Aug. 5, 1993]

(Authority: 38 U.S.C. 3016; Pub. L. 98-525)

(2) Veteran. The term veteran means anyone who

(i) Meets the eligibility requirements of $21.7042, $ 21.7044, or $21.7045, and

(ii) Is not on active duty. The term veteran includes an individual who is actively participating in the Selected Reserve.

$21.6525 [Reserved)

Subpart K-All Volunteer Force

Educational Assistance Program (Montgomery GI BillActive Duty)

AUTHORITY: 38 U.S.C. 501(a), chs. 30, 36, unless otherwise noted.

SOURCE: 53 FR 1757, Jan. 22, 1988, unless otherwise noted.

(Authority: 38 U.S.C. 3011, 3012; Pub. L. 98525)

(b) Other definitions(1) Active duty. (i) The term active duty means

(A) Full-time duty in the Armed Forces, other than active duty for training,

(B) Full-time duty (other than for training purposes) as a commissioned officer of the Regular or Reserve Corps of the Public Health Service,

administering, recruiting, instruc or training the National Guard.

(C) Full-time duty as a commissioned officer of the National Oceanic and Atmospheric Administration, and

(D) Authorized travel to or from such duty or service.

(ii) The term active duty does not include any period during which an individual:

(A) Was assigned full time by the Armed Forces to a civilian institution for a course of education which was substantially the same as established courses offered to civilians,

(B) Served as a cadet or midshipman at one of the service academies, or

(C) Served under the provisions of 10 U.S.C. 511(d) pursuant to an enlistment in the Army National Guard or the Air National Guard, or as a Reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve.

(Authority: 38 U.S.C. 3002(7): sec. 107. P 104–275, 110 Stat. 3329-3330)

(2) Attendance The term atten means the presence of a vetera servicemember

(i) In the class where the app course is being taught in which she is enrolled, or

(ii) At a training establishment,

(iii) Any other place of instruc training or study designated by educational institution or trainin tablishment where the vetera servicemember is enrolled and is suing a program of education.

(Authority: 38 U.S.C 3034, 3680(g))

(3) Audited course. The term au course has the same meaning as vided in $21.4200(i) of this part.

(Authority: 38 U.S.C. 101(21), 3002(6); Pub. L. 98-525)

(iii) When referring to individuals who, before November 30, 1989, had never served on active duty (as that term is defined by $3.6b of this title), the term “active duty” when used in this subpart includes full-time National Guard duty first performed after November 29, 1989, by a member of the Army National Guard of the United States or the Air National Guard of the United States in the servicemember's status as a member of the National Guard of a State for the purpose of organizing, administering, recruiting, instructing or training the National Guard.

(Authority: 38 U.S.C. 3034, 3680(a); Pub. 525)

(4) Basic educational assistance. term basic educational assistance m a monetary benefit payable to all viduals who meet basic requirer for eligibility under chapter 30, tit U.S.C., for pursuit of a program of cation.

(Authority: 38 U.S.C. 3002(1); Pub. L. 9H

(5) Break in service. (i) Except as vided in paragraph (b)(5)(ii) of this tion, the term break in service mea period of more than 90 days bett the date when an individual is rele from active duty or otherwise rece a complete separation from active i service and the date he or she reer on active duty.

(ii) A period during which an vidual is assigned full time by Armed Forces to a civilian institu for a course of education substanti the same as established courses off to civilians is not a break in service

(Authority: 38 U.S.C. 3002(7); Pub. L. 101-510, sec. 563(b)) (Nov. 5, 1990)

(iv) When referring to individuals who, before June 30, 1985, had never served on active duty (as that term is defined by $3.6(b) of this chapter) and who made the election described in $21.7042(a)(7) or (b)(10), the term active duty when used in this subpart includes full-time National Guard duty under title 32, U.S. Code first performed after June 30, 1985, by a member of the Army National Guard of the United States or the Air National Guard of the United States for the purpose of organizing,

(Authority: 38 U.S.C. 3011, 3021)

(6) Continuous active duty. (i) term continuous active duty means tive duty served without interrupti An interruption in service will only found when the individual receivel complete separation from active dut)

1) A period during which an indi- duction in force as determined by the ial on active duty is assigned full Secretary concerned. e by the Armed Forces to a civilian (v) VA will not consider an individual itution for a course of education to have an interruption of service when tantially the same as established he or she: ses offered to civilians will not in- (A) Serves a period of active duty apt the continuity of the individ- without interruption (without a comactive duty.

plete separation from active duty), as D) If an individual, during his or her an enlisted member or warrant officer; al obligated period of active-duty (B) While serving on such active duty Ice, is separated from active duty is assigned to officer training school; ursue a course of education at a and ce academy or a post-secondary (C) Following successful completion ol preparatory to enrollment at a

of the officer training school is disce academy, no interruption in charged to accept, without a break in ce will be found and the individ

service, a commission as an officer in service will be considered contin- the Armed Forces for a period of active active-duty service, provided he duty.

(vi) If the second period of activeCommences pursuit of a course of

duty service referred to in paragraph ation at a service academy or post- (b)(6)(iv) or (b)(6)(v) of this section is of ndary school,

such nature or character that, when Fails to complete the course of

aggregated with the initial period of ation, and

service referred to in that paragraph, it Immediately reenters on a period would cause the individual to be ditive duty.

vested of entitlement to educational ) An individual who is discharged

assistance otherwise established by the leased from active duty for a rea- initial period of active duty, the two stated in paragraph (b)(6)(iv) of

periods of service will not be aggresection after serving not more gated and will not be considered a sin12 months of his or her initial ob

gle period of continuous active duty. ed period of active duty, and who (vii) Time lost will not be considered equently reenlists or reenters on a

to interrupt the continuity of service. od of active duty, will not be con

For the purpose of this section, “time red to have an interruption in serv- lost” includes excess leave, noncredExcept as provided in paragraph itable time and not-on-duty time. Dívi) of this section, the individservice during the two periods

(Authority: 38 U.S.C. 3011, 3012) be considered continuous activeservice for the aggregate length of

(7) Cost of course. The term cost of two service periods. However, the

course means the total cost for tuition vidual's discharge or release from

and fees for a course which an eduinitial obligated period of service

cational institution charges to nonit have been:

veterans whose circumstances are simiFor a service-connected dis

lar to veterans enrolled in the same ity;

course. Cost of course does not include D) For hardship;

the cost of supplies which the student For a medical condition which

is required to purchase at his or her existed such active-duty service and

own expense. ot service connected; )) For a physical or mental condi

(Authority: 38 U.S.C. 3032; Pub. L. 98–525) not characterized as a disability (8) Deficiency course. The term defiI not resulting from the individual's ciency course means any secondary willful misconduct which inter- level course or subject not previously ed with the individual's performance completed satisfactorily which is speduty as determined by the Secretary cifically required for pursuit of a postncerned; or

secondary program of education. E) Involuntary, for the convenience the Government as a result of a re- (Authority: 38 U.S.C. 3034; Pub. L. 98-525)

(9) Dependent. The term dependent means:

(i) A spouse as defined in $3.50(c) of this chapter,

(ii) A child who meets the requirements of $3.57 of this chapter, or

(iii) A parent who meets the requirements of $3.59 of this chapter.

(Authority: 38 U.S.C. 3015(d); Pub. L. 98-525)

(10) Divisions of the school year. The term divisions of the school year has the same meaning as provided in $21.4200(b) of this part.

(Authority: 38 U.S.C. 3034, 3680(a); Pub. L. 98– 525)

(11) Drop-add period. The term dropadd period has the same meaning as provided in $21.4200(1) of this part.

(Authority: 38 U.S.C. 3034, 3680(a); Pub. L. 98525)

(12) Educational assistance. The term educational assistance means basic educational assistance, supplemental educational assistance, and all additional amounts payable, commonly called kickers.

(Authority: 38 U.S.C. 3002; Pub. L. 98–525)

(13) Educational objective. An educational objective is one that leads to the awarding of a diploma, degree or certificate which reflects educational attainment.

(Authority: 38 U.S.C. 3002(3), 3452(b); Pub. L. 98–525)

(14) Enrollment. The term enrollment has the same meaning as provided in $21.4200(n) of this part.

literature. Generally, VA will intery a reasonable period as not more ti one calendar week at Christmas one calendar week at New Year's shorter periods of time in connect with other legal holidays.

(Authority: 38 U.S.C. 3034, 3680; Pub. L. 525)

(17) In residence on a standard quar or semester-hour basis. The term in dence on a standard quarter- of seme hour basis has the same meaning provided in $21.4200(r) of this part.

(Authority: 38 U.S.C. 3034, 3688(c); Pub. L 525)

(18) Institution of higher learning. term institution of higher learning the same meaning as provided $21.4200(h) of this part.

(Authority: 38 U.S.C. 3034, 3688; Pub. I 525)

(19) Mitigating circumstances. (i) term mitigating circumstances means cumstances beyond the veteran servicemember's control which pre him or her from continuously purs a program of education. The follor circumstances are representative those which VA considers to be r gating. This list is not all-inclusive

(A) An illness of the veteran servicemember,

(B) An illness or death in the eran's or servicemember's family,

(C) An unavoidable change in the eran's conditions of employment,

(D) An unavoidable geograpi transfer resulting from the veter employment,

(E) Immediate family or financial ligations beyond the control of the eran which require him or her to pend pursuit of the program of cation to obtain employment.

(F) Discontinuance of the course the educational institution,

(G) Unanticipated active duty training,

(H) Unanticipated difficulties in ing for the veteran's or eligible son's child or children.

(ii) In the first instance of a w drawal after May 31, 1989, from a con or courses for which the veteran ceived educational assistance un

(Authority: 38 U.S.C. 3034, 3680(g); Pub. L. 98525)

(15) Enrollment period. The term enrollment period has the same meaning as provided § 21.4200(p) of this part.

(Authority: 38 U.S.C. 3034, 3680(g); Pub. L. 98– 525)

(16) Holiday vacation. The term holiday vacation means a customary, reasonable vacation period connected with a Federal or State legal holiday which is identified as a holiday vacation in the educational institution's approved

title 38, U.S. Code, VA will consider that mitigating circumstances exist with respect to courses totaling not more than six semester hours or the equivalent.

(Anthority: 38 U.S.C. 3034, 3680(a)(1); Pub. L. 101-889) (June 1, 1989)

(20) Nonpunitive grade. The term nonpunitive grade has the same meaning as provided in $ 21.4200(j) of this part.

(iii) Includes an approved full-time program of apprenticeship or of other on-job training; and

(iv) Effective November 30, 1999, includes a preparatory course for a test that is required or used for admission to

(A) An institution of higher education; or

(B) A graduate school. (Authority: 38 U.S.C. 3002(3), 3452(b)).

(24) Punitive grade. The term punitive grade has the same meaning as provided in $21.4200(k) of this part.

Authority: 38 U.S.C. 3034, 3680(a); Pub. L. 98 135)

(21) Normal commuting distance. The term normal commuting distance has the same meaning as provided in $21.4200(m) of this part.

Agthority: 38 U.S.C. 3034, 3680; Pub. L. 98–

(22) 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 consists of a series of courses not leading to an educational objective, these courses must be directed toward attainment of a designated professional or vocational objective.

(Authority: 38 U.S.C. 3034, 3680(a); Pub. L. 98 525)

(25) Pursuit. (i) The term pursuit means to work, while enrolled, towards the objective of a program of education. This work must be in accordance with approved institutional policy and regulations, and applicable criteria of title 38 U.S.C.; must be necessary to reach the program's objective; and must be accomplished through

(A) Resident courses (including teacher training courses and similar courses which VA considers to be resident training),

(B) Independent study courses,
(C) Correspondence courses,

(D) An apprenticeship or other on-job training program,

(E) A graduate program of research in absentia,

(F) Medical-dental internships and residencies, nursing courses and other medical-dental specialty courses, or

(G) A flight training course beginning on or after September 30, 1990.

(ii) VA will consider a veteran who qualifies for payment during an interval between terms or school closing, or who qualifies for payment during a holiday vacation to be in pursuit of a program of education during the interval, school closing, or holiday vacation.

Authority: 38 U.S.C. 3002(3); Pub. L. 98–525)

(23) Program of education. A program of education,

(i) Is any unit course or subject or combination of courses or subjects which is pursued by a veteran or servicemember at an educational institution, and which is required by the Secretary of the Small Business Administration as a condition to obtaining financial assistance under the provisions of 15 U.S.C. 636; or

(ii) Is a combination of subjects or unit courses pursued at an educational institution. The combination generally is accepted as necessary to meet requirements for a predetermined educational, professional or vocational objective. It may consist of subjects or courses which fulfill requirements for more than one objective if all objectives pursued are generally recognized as being related to a single career field;

(Authority: 38 U.S.C. 3034, 3680(g); Pub. L. 98– 525)

(26) Refresher course. The term “refresher course" means

(i) 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

« PreviousContinue »