(ii) 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 period of the individual's active military service.

(Authority: 38 U.S.C. 3034(a))

(27) Remedial course. The term remedial course means a course designed to overcome a deficiency at the elementary or secondary level in a particular area of study, or a handicap, such as in speech.

(Authority: 38 U.S.C. 3034, 38 U.S.C. 3491(a)(2); Pub. L. 98-525)

(28) Secretary. The term Secretary means the Secretary of Defense with respect to members of the Armed Forces under the jurisdiction of the Secretary of a military department, and 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. 3002(5); Pub. L. 98-525)

(29) School, educational institution, institution. The terms school, educational institution, and institution mean

cor

(i) Any vocational school, respondence school, business school, junior college, teachers' college, college, normal school, professional school, university or scientific or technical institution;

(ii) Any public or private elementary school or secondary school which offers courses for adults, provided that the courses lead to an objective other than an elementary school diploma, a high school diploma or their equivalents; and

(iii) An entity, other than an institution of higher learning, that provides training required for completion of a State-approved alternative teacher certification program.

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

(30) School year. The term school year means generally a period of 2 semesters

a written agreement affirming the allment agreement.

hority: 38 U.S.C. 3034, 3686)

T Training establishment. The term ung establishment means any estabnent providing apprentice or other ob training, including those under supervision of a college or univeror any State department of eduɔn, or any State apprenticeship cy or any State board of vocaal education, or any joint apprenhip committee, or the Bureau of enticeship and Training estabd in accordance with 29 U.S.C. ster 4C, or any agency of the FedGovernment authorized to supersuch training.

ority, 38 U.S.C 1434, 3687)

Disabling effects of chronic alcom. (i) The term disabling effects of nic alcoholism means alcohol-ind physical or mental disorders or such as habitual intoxication, drawal, delirium, amnesia, demenand other like manifestations of nic alcoholism which, in the parlar case

) Have been medically diagnosed as ifestations of alcohol dependency ironic alcohol abuse, and

) Are determined to have prevented mencement or completion of the ted individual's chosen program of ation.

} A diagnosis of alcoholism, chronalcoholism, alcohol-dependency,

nic alcohol abuse, etc., in and of If. does not satisfy the definition of

term.

d) Injury sustained by a veteran as roximate and immediate result of vity undertaken by the veteran le physically or mentally unqualito do so due to alcoholic intoxicai is not considered a disabling effect hronic alcoholism.

thority: 38 U.S.C. 105, 3031(d); Pub. L. 100(Nov. 18, 1988)

19) Cooperative course. The term cooptive course means a full-time proim of education which consists of intutional courses and alternate ases of training in a business or instrial establishment with the train

ing in the business of industrial establishment being strictly supplemental to the institutional portion.

(Authority: 38 U.S.C. 3002, 3482(a); Pub. L. 100-689) (Jan. 1, 1989)

(40) Open period. The term “open period" means a period of time beginning on December 1, 1988, and ending on June 30, 1989.

(Authority: 38 U.S.C. 3018; Pub. L. 100-689) (Nov. 18, 1988)

(41) 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. 101(33); Pub. L. 102-25)

(42) Continuously enrolled. The term continuously enrolled means being in an enrolled status at an educational institution for each day during the school year, and for consecutive school years. Continuity of enrollment is not broken by holiday vacations; vacation periods; periods during the school year between terms, quarters, or semesters; or by nonenrollment during periods of enrollment outside the school year (e.g., summer sessions).

(Authority: Sec. 313(b), Pub. L. 102-568, 106 Stat. 4333)

(43) 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 (b)(29)(iii) of this section, means a program leading to a teacher's certificate that allows individuals with a bachelor's degree or graduate degree to obtain teacher certification without enrolling in an institution of higher learning.

(Authority: 38 U.S.C. 3452(c))

(44) Date of election. The term date of election means:

(i) For an election that must be made in the form and manner determined by the Secretary of Defense, the date determined by the Secretary of Defense; and

(ii) For an election that must be submitted to VA, the date VA receives the written election.

(45) Institution of higher education. The term institution of higher education means either:

(i) An educational institution, located in a State, that

(A) Admits as regular students only persons who have a high school diploma, or its recognized equivalent, or persons who are beyond the age of compulsory school attendance in the State in which the educational institution is located;

(B) Offers postsecondary level academic instruction that leads to an associate or baccalaureate degree; and

(C) Is empowered by the appropriate State education authority under State law to grant an associate or baccalaureate degree, or where there is no State law to authorize the granting of a degree, is accredited for associate or baccalaureate degree programs by a recognized accrediting agency; or

(ii) An educational institution, not located in a State, that

(A) Offers a course leading to an undergraduate standard college degree or the equivalent; and

(B) Is recognized as an institution of higher education by the secretary of education (or comparable official) of the country or other jurisdiction in which the educational institution is located.

(Authority: 38 U.S.C. 3002(3)).

(46) Graduate school. The term graduate school means either:

(i) An educational institution, located in a State, that

(A) Admits as regular students only persons who have a baccalaureate degree or the equivalent in work experi

ence;

(B) Offers postsecondary level academic instruction that leads to a master's degree, doctorate, or professional degree; and

(C) Is empowered by the appropriate State education authority under State law to grant a master's degree, doctorate, or professional degree, or, where there is no State law to authorize the granting of a degree, is accredited for master's degree, doctorate, or professional degree programs by a recognized accrediting agency; or

(ii) An educational institution, not located in a State, that

(A) Offers a course leading to a master's degree, doctorate, or professional degree; and

(B) Is recognized as an institution of higher education by the secretary of education (or comparable official) of the country or other jurisdiction in which the educational institution is lo cated.

(Authority: 38 U.S.C. 3002(3)).

[53 FR 1757, Jan. 22, 1988, as amended at 5 FR 28383, July 11, 1990; 56 FR 20130, May 2 1991; 57 FR 15023, Apr. 24, 1992; 58 FR 26241 May 3, 1993; 59 FR 24051, May 10, 1994; 61 FI 6785. Feb. 22, 1996: 61 FR 29297, June 10, 199€ 62 FR 55761, Oct. 28, 1997; 64 FR 23772, May 4 1999: 65 FR 5786. Feb. 7, 2000; 65 FR 67266, Nov 9, 2000; 66 FR 39279, July 30, 2001]

# good cause for an extension of the iod to the date on which he or she gally submits the additional evice; and

) Submit the $1,200 VA is required suant to §21.7045(c)(2) to collect beeducational assistance can be rded. A delay in submitting the 30 may result in a later effective for the award to the individual, in no event will VA accept payit of the $1,200 from the individual r the last date of eligibility as denined by $21.7050 or $21.7051. See 7131(k).

the following terms, conditions and requirements.

(1) The individual must after June 30, 1985, either

(i) First become a member of the Armed Forces, or

(ii) First enter on active duty as a member of the Armed Forces;

(2) Except as provided in paragraph (a)(5) of this section the individual must

(i) Serve at least three years of continuous active duty in the Armed Forces, or

(ii) In the case of an individual whose initial period of active duty is less than three years, serve at least two years of continuous active duty in the Armed Forces;

(3) Except as provided in paragraph (a)(6) of this section, the individual before completing the service requirements of this paragraph must either

(i) Complete the requirements of a secondary school diploma (or an equivalency certificate), or

(ii) Successfully complete (or otherwise receive academic credit for) 12 semester hours (or the equivalent) in a program of education leading to a standard college degree; and

(Authority: 38 U.S.C. 3011, 3012, 3016)

(4) After completing the service requirements of this paragraph the individual must

(i) Continue on active duty, or

(ii) Be discharged from service with an honorable discharge, or

(iii) Be released after service on active duty characterized by the Secretary concerned as honorable service, and

(A) Be placed on the retired list, or (B) Be transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or (C) Be placed on the temporary disability retired list, or

(iv) Be released from active duty for further service in a reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service.

(5) An individual who does not meet the requirements of paragraph (a)(2) of this section is eligible for basic educational assistance when he or she is discharged or released from active duty

or

(i) For a service-connected disability,

(ii) For a medical condition which preexisted service on active duty and which VA determines is not service connected, or (July 1, 1985)

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

(iv) For convenience of the govern

ment

(A) After completing at least 20 continuous months of active duty if his or her initial obligated period of active duty is less than three years, or

(B) After completing 30 continuous months of active duty if his or her initial obligated period of active duty is at least three years, or

(v) Involuntarily for the convenience of the government 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, or

(vi) For a physical or mental condition that was not characterized as a disability and did not result from the individual's own willful misconduct but did interfere with the individual's performance of duty, as determined by the Secretary of each military department 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. 3011; Pub. L. 98-525, Pub. L. 99-576, Pub. L. 100-689, Pub. L. 101510) (Oct. 19, 1984)

(6) An individual who does not meet the requirements of paragraph (a)(3) of this section nevertheless is eligible for basic educational assistance if he or she

(i) Was on active duty on August 2, 1990, and

(ii) Completes the requirements of a secondary school diploma (or an equivalency certificate) before October 29, 1994.

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

(7) An individual whose active duty meets the definition of that term found in §21.7020(b)(1)(iv), and who wishes to become entitled to basic educational assistance, must have elected to do sc before July 9, 1997. For an individual electing while on active duty, this elec tion must have been made in the manner prescribed by the Secretary of De fense. For individuals not on active duty, this election must have been sub mitted in writing to VA.

(Authority: Sec. 107(b), Pub. L. 104-275, 11 Stat. 3329-3330)

(b) Eligibility based on active duty serv ice and service in the Selected Reserve. Ai individual may establish eligibility fo basic educational assistance based on combination of service on active duty and service in the Selected Reserv under the following terms, condition and requirements.

(1) The individual must, after Jun 30, 1985, either

(i) First become a member of th Armed Forces, or

(ii) First enter on active duty as member of the Armed Forces;

(2) Except as provided in paragrap (b)(10) of this section, the individua before completing the service require ments of this paragraph must either

(i) Complete the requirements of high school diploma (or an equivalency certificate),

(ii) Successfully complete (or other wise receive academic credit for) 12 se mester hours (or the equivalent) in a program of education leading to standard college degree;

(Authority: 38 U.S.C. 3011, 3012, 3016)

(3) Except as provided in paragraph (b)(6) of this section, the individua must serve at least two years of con tinuous active duty in the Armed Forces characterized by the Secretary concerned as honorable service.

(4) Except as provided in paragraph (b)(7) of this section, after completion of active duty service, the individual must serve at least four continuous years of service in the Selected Reserve. An individual whose release from active duty service occurs after December 17, 1989, must begin this service in the Selected Reserve within one year from the date of his or her release from