portation provides with respect Coast Guard when it is not operas a service in the Navy; or

If the individual is not described her paragraph (b)(1)(i) or (b)(1)(ii) s section, he or she must make an cable election to receive edunal assistance under 38 U.S.C. ch. his election must be made:

♦ Before the individual is involunor voluntarily separated as the may be, and

Pursuant to procedures which the Itary of the military department rned provides in accordance with ations prescribed by the Secretary efense or which the Secretary of sportation provides with respect e Coast Guard when it is not operg as a service in the Navy.

Reduction in basic pay. The basic of anyone who makes one of the ircable elections described in paraph (b)(1) of this section is required 38 U.S.C. 3018B to be reduced by 00.

If for any reason the basic pay of individual who received an involun7 separation is not so reduced by 30. the failure to make the reducI will not affect the individual's eliility for educational assistance ler 38 U.S.C. ch. 30.

i) If the individual is voluntarily arated, such reduction of the indial's basic pay by $1,200 is a prelition to establishing eligibility. ce. educational assistance under 38 .C. ch. 30 may not be paid to such individual when the reduction does Loccur.

}) Educational requirement. (i) Before date on which VA receives the indial's application for educational asance under subpart K of this part, individual must have:

A) Successfully completed the rerements of a secondary school di›ma (or equivalency certificate); or B) Successfully completed (or otherse received academic credit for) 12 nester hours (or the equivalent) in a gram of education leading to a ndard college degree.

ii) If a veteran's application for eduMonal assistance is denied due to jure to meet the requirements of ragraph (b)(3)(i) of this section at the ne of his or her application for edu

cational assistance, the veteran may reapply if the requirements are subsequently met.

(Authority: 38 U.S.C. 3018B)

(c) Additional requirements for individuals who are voluntarily discharged before October 23, 1992. If an individual meets the requirements of paragraph (a)(2) of this section and is voluntarily discharged before October 23, 1992, he or she must also meet the following requirements in order to establish eligibility for educational assistance.

(1) Required election. (i) If, under § 21.7042(f), the individual elected not to receive educational assistance under 38 U.S.C. ch. 30, he or she must irrevocably withdraw that election and make an election to receive educational assistance under 38 U.S.C. ch. 30. The withdrawal and the new election must be made:

(A) Before October 23, 1993, and (B) In the form and manner prescribed by the Secretary of Veterans Affairs; and

(ii) If the individual is a participant (as defined in §21.5021(e)) in the educational program provided in 38 U.S.C. ch. 32, the individual must make an irrevocable election to receive educational assistance under 38 U.S.C. ch. 30 rather than under 38 U.S.C. ch. 32. Such an election must be made:

(A) Before October 23, 1993, and (B) In the form and manner prescribed by the Secretary of Veterans Affairs.

(iii) If the individual is not described in either paragraph (c)(1)(i) or (ii) of this section, he or she must make an irrevocable election to receive educational assistance under 38 U.S.C. ch. 30. This election must be made:

(A) Before October 23, 1993, and (B) In the form and manner prescribed by the Secretary of Veterans Affairs.

(2) $1,200 collection. VA must collect $1,200 from the individual before awarding educational assistance under 38 U.S.C. ch. 30. Collection of $1,200 is a precondition to establishing eligibility.

(3) Educational requirement. (i) Before the date on which VA receives the individual's application for educational assistance under subpart K of this part, the individual must have:

(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.

(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

the individual an amount equal to difference between $1,200 and the toamount of the reductions. Reduction basic pay by $1,200 or collection: $1,200 is a precondition to establish eligibility.

(4) Educational requirement. Before plying for benefits that may be paya as the result of making a valid e tion, an individual must have

(i) Completed the requirements c secondary school diploma (or equi lency certificate); or

(ii) Successfully completed the equ alent of 12 semester hours in a progr of education leading to a standard c lege degree.

(Authority: 38 U.S.C. 3018C)

[61 FR 6786, Feb. 22, 1996, as amended at FR 29297, June 10, 1996; 65 FR 5787, Feb: 2000; 65 FR 20745, Apr. 18, 2000]

§ 21.7046 Eligibility for supplemen educational assistance.

The Secretary concerned, pursua to regulations prescribed by that Se retary, has the discretion to provi for the payment of supplemental ed cational assistance to certain veterai and servicemembers eligible for bas

educational assistance.

(a) Service requirements: eligibili based only on active duty service. T Secretary concerned may authori supplemental educational assistance an individual who is eligible for bas educational assistance under $21.70 or §21.7044 of this part based solely active duty service only if the ind vidual meets the provisions of thi paragraph.

(1) An individual may establish eligi bility for supplemental educational as sistance by serving five or more cor secutive years of active duty in th Armed Forces in addition to the year counted to qualify the individual fo basic educational assistance without break in any such service.

(2) After completion of the servic described in paragraph (a)(1) of thi section the individual must either(i) Continue on active duty without a break,

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

(iii) Be placed on the retired list,

!

Be transferred to the Fleet Reor the Fleet Marine Corps Re

Be placed on the temporary disretired list, or

Be released from active duty for r service in a reserve component Armed Forces after service on è duty characterized by the Secconcerned as honorable service.

rity: 38 U.S.C. 3021(a); Pub. L. 98-525) Service requirements: eligibility on service in the Selected Reserve. Secretary concerned (pursuant to ations which he or she may pree) has the discretion to authorize lemental educational assistance to dividual who is eligible for basic ational assistance under $21.7042 1.7044 of this part through considon of additional active duty servand additional service in the Seed Reserve only if the individual ts the provisions of this paragraph. The individual must serveiTwo or more consecutive years of ve duty in the Armed Forces in adon to the years on active duty ited to qualify the individual for is educational assistance, and

Four or more consecutive years of in the Selected Reserve in addito the years of duty in the Sead Reserve counted to qualify the vidual for basic educational assist

The individual after completion of service described in paragraph must

Be discharged from service with onorable discharge, or

I) Be placed on the retired list, or 1) Be transferred to the Fleet Ree or Fleet Marine Corps Reserve, or 7) Be placed on the temporary disity retired list, or

Continue on active duty, or vi) Continue in the Selected Reve.

The Secretary concerned may prebe by regulation a maximum period ime during which the individual is sidered to have continuous service he Selected Reserve even though he she is unable to locate a unit of the ected Reserve of the individual's ned Force that the individual is elile to join or that has a vacancy.

(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.

(Authority: 38 U.S.C. 3021(a); Pub. L. 98-525) $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 educational assistance 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

(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 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

(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).

(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.

(Authority: 3031(e))

(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 describe § 21.7045(d)(2).

(Authority: Sec. 107(b)(3), Pub. L. 104-275 Stat. 3329-3330)

(d) Individual is eligible due to bining active duty as an enlisted mer or warrant officer with active duty commissioned officer. If a veteran w not be eligible but for the provision § 21.7020(b)(6)(v), VA will not pay bi educational assistance or supplemer educational assistance to that vete beyond 10 years after the veteran's 1 discharge or release from a period active duty of 90 days or more of c tinuous service, or November 30, 20 whichever is later.

(Authority: 38 U.S.C. 3011(f), 3031(a)).

or d

(e) Correction of military records. veteran may become eligible for e cational assistance as the result o correction of military records under U.S.C. 1552, or change, correction modification of a discharge missal under 10 U.S.C. 1553, or oth corrective action by competent mi tary authority. When this occurs, t. VA will not provide educational assis ance later than 10 years from the da his or her dismissal or discharge w changed, corrected or modified (exce as provided in § 21.7051 of this part). (Authority: 38 U.S.C. 3031(e))

(f) Periods excluded. VA will not i clude in computing the 10-year peric of eligibility for educational assistanc under this section, any period durir which the veteran after his or her las discharge or release from active duty

(1) Was captured and held as a pri oner of war by a foreign government power, or

(2) Immediately following the ve eran's release from this detention du ing which he or she was hospitalized a a military, civilian or VA medical fa cility.

(Authority: 38 U.S.C. 3031(c); Pub. L. 98-525) [53 FR 1757, Jan. 22, 1988, as amended at 5 FR 28384, July 11, 1990; 56 FR 20133, May 2 1991; 57 FR 15024, Apr. 24, 1992; 61 FR 6787 Feb. 22, 1996; 65 FR 5787, Feb. 7, 2000: 66 FF 39280, July 30, 2001]

151 Extended period of eligility.

Period of eligibility may be extended. all grant an extension of the apǝle delimiting period, as otherwise mined by §21.7050 of this part pro

The veteran applies for an extenwithin the time specified in

032(c) of this part.

The veteran was prevented from iting or completing the chosen am of education within the otherapplicable eligibility period bea of a physical or mental disability did not result from the veteran's ful misconduct. VA will not conr the disabling effects of chronic allism to be the result of willful conduct. (See $21.7020(b)(38)) It t be clearly established by medical ence that such a program of eduon was medically infeasible. VA I not consider a veteran who is dised for a period of 30 days or less as лng been prevented from initiating completing a chosen program, unless evidence establishes that the vet1 was prevented from enrolling or rolling in the chosen program or forced to discontinue attendance, ause of the short disability.

hority: 38 U.S.C. 105, 3031(d); Pub. L. 98Pub. L. 100-689) (Nov. 18, 1988)

) Commencing date. The veteran elect the commencing date of an inded period of eligibility. The date

sen

Must be on or after the original e of expiration of eligibility as demined by § 21.7050 of this part, and ') Must either be—

) on or before the 90th day foling the date on which the veteran's plication for an extension was apoved by VA, if the veteran is training ring the extended period of eligiity in a course not organized on a m. quarter or semester basis, or ii) On or before the commencing e of the first ordinary term, quarter semester following the 90th day er the veteran's application for an tension was approved by VA, if the Ceran is training during the extended riod of eligibility in a course orga

nized on a term, quarter or semester basis.

(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.

(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]

ENTITLEMENT

$21.7070 Entitlement.

An eligible servicemember or veteran is entitled to a monthly benefit for periods of time during which he or she is