« PreviousContinue »
ortation provides with respect cational assistance, the veteran may Coast Guard when it is not oper- reapply if the requirements are subseis a service in the Navy; or
quently met. If the individual is not described ter paragraph (b)(1)(i) or (b)(1)(ii) (Authority: 38 U.S.C. 3018B) section, he or she must make an
(c) Additional requirements for individcable election to receive edu
uals who are voluntarily discharged beial assistance under 38 U.S.C. ch.
fore October 23, 1992. If an individual ds election must be made:
meets the requirements of paragraph Before the individual is involun
(a)(2) of this section and is voluntarily or voluntarily separated as the discharged before October 23, 1992, he nay be, and
or she must also meet the following rePursuant to procedures which the
quirements in order to establish eligitary of the military department
bility for educational assistance. rded provides in accordance with
(1) Required election. (i) If, under ations prescribed by the Secretary $21.7042(f), the individual elected not to efense or which the Secretary of receive educational assistance under 38 sportation provides with respect U.S.C. ch. 30, he or she must irreve Coast Guard when it is not oper- ocably withdraw that election and as a service in the Navy.
make election to receive eduReduction in basic pay. The basic cational assistance under 38 U.S.C. ch. of anyone who makes one of the ir
30. The withdrawal and the new eleccable elections described in para- tion must be made: h (bX(1) of this section is required (A) Before October 23, 1993, and 38 U.S.C. 3018B to be reduced by (B) In the form and manner pre
scribed by the Secretary of Veterans If for any reason the basic pay of Affairs; and ndividual who received an involun- (ii) If the individual is a participant · separation is not so reduced by (as defined in $21.5021(e)) in the edu0, the failure to make the reduc
cational program provided in 38 U.S.C. will not affect the individual's eli- ch. 32, the individual must make an irlity for educational assistance revocable election to receive eduer 8 U.S.C. ch. 30.
cational assistance under 38 U.S.C. ch. ) If the individual is voluntarily 30 rather than under 38 U.S.C. ch. 32. rated, such reduction of the indi- Such an election must be made: al's basic pay by $1,200 is a pre- (A) Before October 23, 1993, and lition to establishing eligibility. (B) In the form and manner prece, educational assistance under 38 scribed by the Secretary of Veterans C. ch. 30 may not be paid to such Affairs. ndividual when the reduction does (iii) If the individual is not described occur.
in either paragraph (c)(1)(i) or (ii) of Educational requirement. (i) Before this section, he or she must make an date on which VA receives the indi- irrevocable election to receive edual's application for educational as- cational assistance under 38 U.S.C. ch. ance under subpart K of this part, 30. This election must be made: individual must have:
(A) Before October 23, 1993, and A) Successfully completed the re- (B) In the form and manner prerements of a secondary school di- scribed by the Secretary of Veterans ma (or equivalency certificate); or Affairs. B) Successfully completed (or other- (2) $1,200 collection. VA must collect e received academic credit for) 12 $1,200 from the individual before awardester hours (or the equivalent) in a ing educational assistance under 38 gram of education leading to a U.S.C. ch. 30. Collection of $1,200 is a dard college degree.
precondition to establishing eligibility. 1) If a veteran's application for edu- (3) Educational requirement. (i) Before Honal assistance is denied due to the date on which VA receives the indiure to meet the requirements of vidual's application for educational asagraph (b)(3)(i) of this section at the sistance under subpart K of this part, e of his or her application for edu- the individual must have: 1
(A) Successfully completed the requirements of a secondary school diploma (or equivalency certificate); or
(B) Successfully completed (or otherwise received academic credit for) 12 semester hours (or the equivalent) in a program of education leading to a standard college degree.
(ii) If a veteran's application for educational assistance under subpart K of this part is denied due to failure to meet the requirements of paragraph (c)(3)(i) of this section at the time of his or her application for educational assistance, the veteran will be permitted to apply at a later date.
the individual an amount equ: difference between $1,200 and amount of the reductions. Red basic pay by $1,200 or colle $1,200 is a precondition to esti eligibility.
(4) Educational requirement. B plying for benefits that may be as the result of making a va tion, an individual must have
(i) Completed the requireme secondary school diploma (or lency certificate); or
(ii) Successfully completed th alent of 12 semester hours in a of education leading to a stand lege degree.
(Authority: 38 U.S.C. 3018C) [61 FR 6786, Feb. 22, 1996, as amen FR 29297, June 10, 1996; 65 FR 578 2000; 65 FR 20745, Apr. 18, 2000)
(Authority: 38 U.S.C. 3018B)
(d) Alternate eligibility requirements for participants in the Post-Vietnam Era Veterans' Educational Assistance Program(1) Making an election. To receive educational assistance under the authority of paragraph (d) of this section, a veteran or servicemember must
(i) Have elected to do so before October 9, 1997;
(ii) Have been a participant (as that term is defined in $21.5021(e)) in the Post-Vietnam Era Veterans' Educational Assistance Program on October 9, 1996;
(iii) Have been on active duty on October 9, 1996; and
(iv) Receive an honorable discharge.
(2) Election. The election to receive educational assistance payable under this subpart in lieu of educational assistance payable under the Post-Vietnam Era Veterans' Educational Assistance Program is irrevocable. The election must have been made before October 9, 1997, pursuant to procedures provided by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or provided by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy.
(3) $1,200 collection. An individual who has made the election described in paragraph (d)(2) of this section shall have his or her basic pay reduced by $1,200 in a manner prescribed by the Secretary of Defense. To the extent that basic pay is not so reduced before the individual's discharge or release from active duty, VA will collect from
$21.7046 Eligibility for supp
educational assistance. The Secretary concerned, i to regulations prescribed by ti retary, has the discretion to for the payment of supplement cational assistance to certain vi and servicemembers eligible fo educational assistance.
(a) Service requirements: based only on active duty servi Secretary concerned may al supplemental educational assist an individual who is eligible i educational assistance under or $21.7044 of this part based 84 active duty service only if ti vidual meets the provisions paragraph.
(1) An individual may establis bility for supplemental educatic sistance by serving five or mo secutive years of active duty Armed Forces in addition to th counted to qualify the individ basic educational assistance wi break in any such service.
(2) After completion of the described in paragraph (a)(1) section the individual must eith
(i) Continue on active duty wi' break,
(ii) Be discharged from servit an honorable discharge,
(iii) Be placed on the retired li (4) The Secretary concerned may prescribe by regulation a maximum period of time during which the individual is considered to have continuous service in the Selected Reserve even though he or she is not attached to a unit of the Selected Reserve for any reason (also to be prescribed by the Secretary concerned by regulation) other than those stated in paragraph (b)(3) of this section.
(5) Any decision as to the continuity of an individual's service in the Selected Reserve made by the Department of Defense or the Department of Transportation under regulations described in paragraph (b) (3) or (4) of this section shall be binding upon VA,
se transferred to the Fleet Reer the Fleet Marine Corps Ree placed on the temporary disretired list, or Be released from active duty for - service in a reserve component Armed Forces after service on duty characterized by the Sec
concerned as honorable service. rity: 38 U.S.C. 3021(a); Pub. L. 98–525)
Service requirements: eligibility on service in the Selected Reserve. ecretary concerned (pursuant to tions which he or she may pre) has the discretion to authorize emental educational assistance to lividual who is eligible for basic tional assistance under $21.7042 .7044 of this part through considn of additional active duty servod additional service in the Se
Reserve only if the individual s the provisions of this paragraph. The individual must serveTo or more consecutive years of e duty in the Armed Forces in ad
to the years on active duty ed to qualify the individual for educational assistance, and Four or more consecutive years of in the Selected Reserve in addito the years of duty in the SeReserve counted to qualify the dual for basic educational assist
(Authority: 38 U.S.C. 3021(a); Pub. L. 98-525)
The individual after completion of service described in paragraph mustBe discharged from service with Onorable discharge, or Be placed on the retired list, or Be transferred to the Fleet Reor Fleet Marine Corps Reserve, or Be placed on the temporary disty retired list, or Continue on active duty, or Continue in the Selected Re
$ 21.7050 Ending dates of eligibility.
The ending date of eligibility will be determined as follows:
(a) Ten-year time limitation. (1) Except as provided in paragraphs (c) or (d) of this section and in $21.7051, VA will not provide basic educational assistance or supplemental educati al assi nce to a veteran or service member beyond 10 years from the later of
(i) The date of the veteran's last discharge or release from a period of active duty of 90 days or more of continuous service;
(ii) The date of the veteran's last discharge or release from a shorter period of active duty if the discharge or release is
(A) For service-connected disability, or
(B) For a medical condition which preexisted such service and which VA determines is not service-connected, or
(C) For hardship, or
(D) Involuntary, for the 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 prescribe 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
(iii) The date on which the veteran meets the requirement for four years service in the Selected Reserve found in $21.7042(b) and $21.7044(b).
The Secretary concerned may pree by regulation a maximum period me during which the individual is dered to have continuous service e Selected Reserve even though he e is unable to locate a unit of the Eted Reserve of the individual's ed Force that the individual is elito join or that has a vacancy.
(2) In determining whether a veteran was discharged or released from active duty for a medical condition which preexisted that active duty, VA will be bound by a decision made by a competent military authority.
(Authority: 38 U.S.C. 3031(a), 3031(g))
(b) Reduction of ten-year eligibility period. (1) Except as provided in paragraph (b)(2) of this section, a veteran who had eligibility for educational assistance under 38 U.S.C. ch. 34 and who is eligible for educational assistance under 38 U.S.C. ch. 30 as provided in $21.7044 of this part shall have his or her ten-year period of eligibility reduced by the number of days he or she was not on active duty during the period beginning on January 1, 1977, and ending on June 30, 1985.
(2) A veteran's ten-year period of eligibility shall not be reduced by any period in 1977 before the 'veteran began serving on active duty when the veteran qualified for educational assistance under 38 U.S.C. ch. 34 through service on active duty which
(i) Commenced within 12 months of January 1, 1977, and
(ii) Resulted from a contract with the Armed Forces in a program such as the DEP (Delayed Enlistment Program) or an ROTC (Reserve Officers' Training Corps) program for which a person enlisted in, or was assigned to, a reserve component before January 1, 1977.
(c) Time limit for some members of the Army and Air National Guard. (1) If a veteran or servicemember establishes eligibility for the educational assistance payable under this subpart by making the election described in $21.7042(a)(7) or (b)(10), VA will not provide basic educational assistance or supplemental educational assistance to that veteran or servicemember beyond 10 years from the later of:
(i) The date determined by paragraph (a) or (b) of this section, as appropriate; or
(ii) The effective date of the election described in $21.7042(a)(7) or (b)(10), as appropriate.
(2) The effective date of election is the date on which the election is made
pursuant to the procedures de $21.7045(d)(2).
(Authority: Sec. 107(b)(3), Pub. L. Stat. 3329-3330)
(d) Individual is eligible du bining active duty as an enliste or warrant officer with active i commissioned officer. If a veter not be eligible but for the pro 821.7020(b)(6)(v), VA will not educational assistance or supp educational assistance to that beyond 10 years after the veter discharge or release from a active duty of 90 days or more tinuous service, or November whichever is later.
(Authority: 38 U.S.C. 3011(1), 3031(a)
(e) Correction of military te veteran may become eligible cational assistance as the res correction of military records i U.S.C. 1552, or change, correr modification of a discharge missal under 10 U.S.C. 1553, 0 corrective action by competen tary authority. When this occu VA will not provide educational ance later than 10 years from ti his or her dismissal or dischal changed, corrected or modified as provided in $ 21.7051 of this pa (Authority: 38 U.S.C. 3031(e))
(f) Periods excluded. VA will clude in computing the 10-year of eligibility for educational ass under this section, any period which the veteran after his or ! discharge or release from active
(1) Was captured and held as oner of war by a foreign governn power, or
(2) Immediately following th eran's release from this detentic ing which he or she was hospital a military, civilian or VA medi cility.
(Authority: 38 U.S.C. 3031(C); Pub. L. 9 (53 FR 1757, Jan. 22, 1988, as amende FR 28384, July 11, 1990; 56 FR 20133, 1991; 57 FR 15024, Apr. 24, 1992; 61 F Feb. 22, 1996; 65 FR 5787, Feb. 7. 2000; 39280, July 30, 2001)
1 Extended period of eligi
nized on a term, quarter or semester basis.
eriod of eligibility may be extended. ll grant an extension of the ape delimiting period, as otherwise ained by $21.7050 of this part pro
he veteran applies for an extenwithin the time specified in *C) of this part. The veteran was prevented from ing or completing the chosen m of education within the otherapplicable eligibility period beof a physical or mental disability did not result from the veteran's i misconduct. VA will not conthe disabling effects of chronic alism to be the result of willful nduct. (See $21.7020(b)(38)) It be clearly established by medical nce that such a program of edun was medically infeasible. VA not consider a veteran who is disd for a period of 30 days or less as ng been prevented from initiating ompleting a chosen program, unless evidence establishes that the vet
was prevented from enrolling or olling in the chosen program or forced to discontinue attendance, use of the short disability.
(Authority: 38 U.S.C. 3031(d); Pub. L. 98–525)
(c) 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 eligibility period that his or her training became medically infeasible to the earliest of the following date.
(i) The commencing date of the ordinary term, quarter or semester following the day the veteran's training became medically infeasible,
(ii) The last date of the veteran's delimiting date as determined by $21.7050 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:
(i) The date the veteran's training became medically feasible, or
(ii) The veteran's delimiting date as determined by $21.7050 of this part.
ority: 38 U.S.C. 105, 3031(d); Pub. L. 98ab. L. 100-689) (Nov. 18, 1988)
Commencing date. The veteran elect the commencing date of an nded period of eligibility. The date
Must be on or after the original of expiration of eligibility as derined by $21.7050 of this part, and Must either beOn or before the 90th day folog the date on which the veteran's ication for an extension was aped by VA, if the veteran is training ing the extended period of eligiy in a course not organized on a 7, quarter or semester basis, or On or before the commencing of the first ordinary term, quarter emester following the 90th day the veteran's application for an nsion was approved by VA, if the ran is training during the extended od of eligibility in a course orga
(Authority: 38 U.S.C. 3031(d); Pub. L. 98-525) (53 FR 1757, Jan. 22, 1988, as amended at 56 FR 20133, May 2, 1991; 64 FR 23773, May 4, 1999]
An eligible servicemember or veteran is entitled to a monthly benefit for periods of time during which he or she is