bed in regulations issued jointly by the Secretary and the of Defense.

participant disenrolls from the program after discharge or om active duty, the participant's contributions shall be re-ithin 60 days of receipt of an application for a refund from cipant.

the event the participant (1) dies while on active duty, (2) r discharge or release from active duty, or (3) disenrolls or olled from the program without having utilized any entitlee participant may have accrued under the program, or, in it the participant utilizes part of such participant's entitled disenrolls or is disenrolled from the program, the amount ted by the Secretary of Defense under the authority of sec22(c) of this title remaining in the fund shall be refunded Secretary.

P.L. 94-502, § 404, Oct. 15, 1976, 90 Stat. 2395, § 1623; ed P.L. 98-160, § 702(7), Nov. 21, 1983, 97 Stat. 1009; P.L. 7, § 423(b)(1)(A), (4)(A), (7), Dec. 18, 1989, 103 Stat. 2092, enumbered §3223 and amended P.L. 102-83, § 5(a), (c)(1), - 1991, 105 Stat. 406.)

Death of participant

he event of a participant's death, the amount of such particiunused contributions to the fund shall be paid to the living 1 or persons first listed below:

(1) The beneficiary or beneficiaries designated by such parcipant under such participant's Servicemembers' Group Life nsurance policy.

(2) The surviving spouse of the participant.

(3) The surviving child or children of the participant, in qual shares.

(4) The surviving parent or parents of the participant, in equal shares.

ere is no such person living, such amount shall be paid to such cipant's estate.

led P.L. 94-502, §404, Oct. 15, 1976, 90 Stat. 2395, § 1624; nded P.L. 96-466, § 402, Oct. 17, 1980, 94 Stat. 2201; renumd § 3224, P.L. 102-83, §5(a), Aug. 6, 1991, 105 Stat. 406; P.L. -275, § 405(c)(2), Oct. 9, 1996, 110 Stat. 3340.)

25. Discharge or release under conditions which would bar the use of benefits

f a participant in the program is discharged or released from ace duty under dishonorable conditions, such participant is autotically disenrolled and any contributions made by such particiat shall be refunded to such participant on the date of such paripant's discharge or release from active duty or within 60 days m receipt of notice by the Secretary of such discharge or release, ichever is later.

dded P.L. 94-502, §404, Oct. 15, 1976, 90 Stat. 2396, § 1625; nended P.L. 101-237, §423(b)(1)(A), Dec. 18, 1989, 103 Stat. 092; renumbered §3225

a. 6, 1991, 105

SUBCHAPTER III-ENTITLEMENT; DURATION

§ 3231. Entitlement; loan eligibility

(a)(1) Subject to the provisions of section 3695 of this title limiting the aggregate period for which any person may receive assistance under two or more programs of educational or vocational as sistance administered by the Department of Veterans Affairs, a participant shall be entitled to a maximum of 36 monthly benefit payments (or their equivalent in the event of part-time benefits) (2) Except as provided in paragraph (5)(E) of this subsection and in subsection (f) of this section and section 3233 of this title and subject to section 3241 of this title, the amount of the monthly payment to which any eligible veteran is entitled shall be ascertained by (A) adding all contributions made to the fund by the eligible veteran, (B) multiplying the sum by 3, (C) adding all contributions made to the fund for such veteran by the Secretary of Defense, and (D) dividing the sum by the lesser of 36 or the number of months in which contributions were made by such veteran.

(3) Payment of benefits under this chapter may be made only for periods of time during which an eligible veteran is actually enrolled in and pursuing an approved program of education and, except as provided in paragraph (4), only after an eligible veteran has been discharged or released from active duty.

(4) Payment of benefits under this chapter may be made after a participant has completed their first obligated period of active duty (which began after December 31, 1976), or 6 years of active duty (which began after December 31, 1976), whichever period is less.

(5)(A) Notwithstanding any other provision of this chapter or chapter 36 of this title, any payment of an educational assistance allowance described in subparagraph (B) of this paragraph

(i) shall not be charged against the entitlement of any eligible veteran under this chapter; and

(ii) shall not be counted toward the aggregate period for which section 3695 of this title limits an individual's receipt of assistance.

(B) The payment of an educational assistance allowance referred! to in subparagraph (A) of this paragraph is any payment of a monthly benefit under this chapter to an eligible veteran for pursuit of a course or courses under this chapter if the Secretary finds that the eligible veteran

(i) in the case of a person not serving on active duty, had to discontinue such course pursuit as a result of being ordered, in connection with the Persian Gulf War, to serve on active duty under section 672 (a), (d), or (g), 673, 673b, or 688 of title 10,

or

(ii) in the case of a person serving on active duty, had to discontinue such course pursuit as a result of being ordered, in connection with such War, to a new duty location or assignment or to perform an increased amount of work; and

(iii) failed to receive credit or training time toward completion of the individual's approved educational, professional, or vocational objective as a result of having to discontinue, as described in clause (i) or (ii) of this subparagraph, his or her course pursuit.

(C) The period for which, by reason of this subsection, an eduational assistance allowance is not charged against entitlement or ounted toward the applicable aggregate period under section 3695 f this title shall not exceed the portion of the period of enrollment n the course or courses for which the individual failed to receive redit or with respect to which the individual lost training time, as etermined under subparagraph (B)(iii) of this paragraph.

(D) The amount in the fund for each eligible veteran who reeived a payment of an educational assistance allowance described n subparagraph (B) of this paragraph shall be restored to the mount that would have been in the fund for the veteran if the ayment had not been made. For purposes of carrying out the preious sentence, the Secretary of Defense shall deposit into the fund, n behalf of each such veteran, an amount equal to the entire mount of the payment made to the veteran.

(E) In the case of a veteran who discontinues pursuit of a course r courses as described in subparagraph (B) of this paragraph, the ormula for ascertaining the amount of the monthly payment to which the veteran is entitled in paragraph (2) of this subsection hall be implemented as if—

(i) the payment made to the fund by the Secretary of Defense under subparagraph (D) of this paragraph, and

(ii) any payment for a course or courses described in subparagraph (B) of this paragraph that was paid out of the fund, ad not been made or paid.

(b) Any enlisted member of the Armed Forces participating in the >rogram shall be eligible to enroll in a course, courses, or program of education for the purpose of attaining a secondary school diloma (or an equivalency certificate), as authorized by section 491(a) of this title, during the last six months of such member's irst enlistment and at any time thereafter.

(c) When an eligible veteran is pursuing a program of education inder this chapter by correspondence, such eligible veteran's entilement shall be charged at the rate of 1 month's entitlement for each month of benefits paid to the eligible veteran (computed on he basis of the formula provided in subsection (a)(2) of this secion).

(d)(1) The amount of the monthly benefit payable to an individial pursuing a cooperative program under this chapter shall be 80 percent of the monthly benefit otherwise payable to such individual computed on the basis of the formula provided in subsection (a)(2) of this section).

(2) For each month that an individual is paid a monthly benefit payable for pursuit of a cooperative program under this chapter, the individual's entitlement under this chapter shall be charged at the rate 80 percent of a month.

(e)(1) Subject to the provisions of paragraph (2) of this subsection, the amount of the educational assistance benefits paid to an eligible veteran who is pursuing a program of education under this chapter while incarcerated in a Federal, State, or local penal institution for conviction of a felony may not exceed the lesser of (A) such amount as the Secretary determines, in accordance with regulations which the Secretary shall prescribe, is necessary to cover the cost of established charges for tuition and fees required

of similarly circumstanced nonveterans enrolled in the same program and the cost of necessary supplies, books, and equipment, or (B) the applicable monthly benefit payment otherwise prescribed in this section or section 3233 of this title. The amount of the educational assistance benefits payable to a veteran while so incarcerated shall be reduced to the extent that the tuition and fees of the veteran for any course are paid under any Federal program (other than a program administered by the Secretary) or under any State or local program.

(2) Paragraph (1) of this subsection shall not apply in the case of any veteran who is pursuing a program of education under this chapter while residing in a halfway house or participating in a work-release program in connection with such veteran's conviction of a felony.

(f)(1) Subject to subsection (a)(1) of this section, each individual who is pursuing a program of education consisting exclusively of flight training approved as meeting the requirements of section 3241(b) of this title shall be paid educational assistance under this chapter in the amount equal to 60 percent of the established charges for tuition and fees which similarly circumstanced nonveterans enrolled in the same flight course are required to pay.

(2) No payment may be paid under this chapter to an individual for any month during which such individual is pursuing a program of education consisting exclusively of flight training until the Secretary has received from that individual and the institution providing such training a certification of the flight training received by the individual during that month and the tuition and other fees charged for that training.

(3) The entitlement of an eligible veteran pursuing a program of education described in paragraph (1) of this subsection shall be charged at the rate of one month for each amount of educational assistance paid which is equal to the monthly benefit otherwise payable to such veteran (computed on the basis of the formula provided in subsection (a)(2) of this section).

(4) The number of solo flying hours for which an individual may be paid an educational assistance allowance under this subsection may not exceed the minimum number of solo flying hours required by the Federal Aviation Administration for the flight rating or cer tification which is the goal of the individual's flight training. (Added P.L. 94-502, §404, Oct. 15, 1976, 90 Stat. 2396, § 1631; amended P.L. 96-466, §§ 403, 404, Oct. 17, 1980, 94 Stat. 2201; P.L. 97-35, §§ 2003(a)(1), 2005(a), Aug. 13, 1981, 95 Stat. 782; P.L 99-576, §310(b)(1), Oct. 28, 1986, 100 Stat. 3271; P.L. 100-689, §§ 108(b)(2), 122, Nov. 18, 1988, 102 Stat. 4170, 4174; P.L. 101-237. § 423(b)(1), (4)(A), Dec. 18, 1989, 103 Stat. 2092; P.L. 102–16, § 7(b), Mar. 22, 1991, 105 Stat. 51; renumbered § 3231 and amended P.L 102-83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; P.L. 102-127, § 2(b), Oct. 10, 1991, 105 Stat. 619; P.L. 102-568, §310(c), Oct. 2o, 1992, 106 Stat. 4330; P.L. 104-275, § 105(b), Oct. 9, 1996, 110 Stat. 3327.)

§ 3232. Duration; limitations

(a)(1) Except as provided in paragraphs (2) and (3), and subject to paragraph (4), of this subsection, educational assistance benefits

all not be afforded an eligible veteran under this chapter more an 10 years after the date of such veteran's last discharge or rese from active duty.

(2)(A) If any eligible veteran was prevented from initiating or mpleting such veteran's chosen program of education during the limiting period determined under paragraph (1) of this subction because of a physical or mental disability which was not the sult of such veteran's own willful misconduct, such veteran shall, on application made in accordance with subparagraph (B) of this ragraph, be granted an extension of the applicable delimiting ped for such length of time as the Secretary determines, from the idence, that such veteran was so prevented from initiating or mpleting such program of education.

(B) An extension of the delimiting period applicable to an eligible teran may be granted under subparagraph (A) of this paragraph reason of the veteran's mental or physical disability only if the teran submits an application for such extension to the Secretary thin one year after (i) the last date of the delimiting period othwise applicable to the veteran under paragraph (1) of this subction, or (ii) the termination date of the period of the veteran's ental or physical disability, whichever is later.

(3) When an extension of the applicable delimiting period is anted an eligible veteran under paragraph (2) of this subsection, e delimiting period with respect to such veteran shall again begin run on the first day after such veteran's recovery from such disility on which it is reasonably feasible, as determined in accordice with regulations prescribed by the Secretary, for such veteran initiate or resume pursuit of a program of education with edutional assistance under this chapter.

(4) For purposes of paragraph (1) of this subsection, a veteran's st discharge or release from active duty shall not include any disarge or release from a period of active duty of less than 90 days continuous service unless the individual involved is discharged released for a service-connected disability, for a medical condion which preexisted such service and which the Secretary deterines is not service connected, for hardship, or as a result of a reuction in force as described in section 3011(a)(1)(A)(ii)(III) of this tle.

(b)(1) In the event that an eligible veteran has not utilized any r all of such veteran's entitlement by the end of the delimiting peod applicable to the veteran under subsection (a) of this section nd at the end of one year thereafter has not filed a claim for utizing such entitlement, such eligible veteran is automatically isenrolled.

(2)(A) Any contributions which were made by a veteran isenrolled under paragraph (1) of this subsection and remain in he fund shall be refunded to the veteran after notice of isenrollment is transmitted to the veteran and the veteran applies or such refund.

(B) If no application for refund of contributions under subpararaph (A) of this paragraph is received from a disenrolled veteran within one year after the date the notice referred to in such subaragraph is transmitted to the veteran, it shall be presumed, for he purposes of section 1322(a) of title 31, that the veteran's where