(3) A person who has enrolled in and is having monthly contributions to the fund made for him or her by the Secretary of Defense. (Authority: Sec. 903, Pub. L. 96-342, 94 Stat. 1115) (4) A person who has made a lumpsum contribution to the fund in lieu of or in addition to monthly contributions deducted from his or her military pay. (Authority: 38 U.S.C. 3222) (5) Those individuals who have contributed to the fund and (i) Have been automatically disenrolled as provided in §21.5060(b)(3) of this part, (ii) Whose funds have been transferred to the Treasury Department as provided in §21.5064(b)(4)(iii) of this part, and (iii) Who are found to have qualified for an extended period of eligibility as provided in § 21.5042 of this part. (Authority: 38 U.S.C. 3232;, Pub. L. 99-576) (f) Fund-means that trust fund account established to maintain dollar contributions of the participant (and contributions, if any, from the Department of Defense). (Authority: 38 U.S.C. 3222) (g) Suspends-means a participant stops contributing to the fund (temporarily or permanently). (h) Disenrolls-means a participant terminates participation and forfeits any entitlement to benefits except for a refund of his or her contributions previously made. (Authority: 38 U.S.C. 3221) (i) Hardship or other good reasonsmeans circumstances considered to be such by the Department of Defense and the Department of Veterans Affairs when referring to suspension or disenrollments, such as illness of the participant or a member of his or her immediate family, unexpected personal expense, etc. (Authority: 38 U.S.C 3221(b)) (j) Benefit period means: (1) For a course leading to a standard college degree: (i) The entire enrollment period certified by the school; or (ii) That period of time from the beginning of an enrollment period until the end of the individual's delimiting period; or (iii) That period of time from the beginning of an enrollment period to the date on which the individual's contributions in the fund are exhausted, whichever is the shortest. (2) For a residence course not leading to a standard college degree or for a correspondence course that period of time from the beginning of the enrollment period as certified by the school or the date the school last certified on the quarterly certification of attendance, whichever is later, to: (i) The end of the enrollment period; (ii) The end of the quarter to be certified; (iii) The last date of the individual's delimiting period; or (iv) The date on which the individual's contributions to the fund are exhausted, whichever occurs first. (3) [Reserved] (4) For apprenticeship and other onjob training that period of time from the beginning date of training or the date last certified on the monthly certification of training to (i) The end of the month to be certified; (ii) The last date of the veteran's delimiting period; (iii) The date on which the veteran's entitlement is exhausted, whichever occurs first. (Authority: 38 U.S.C. 3231; Pub. L. 99-576) (k) Benefit payment—means all educational assistance allowance paid to a veteran for pursuit of a program of education during a benefit period. (Authority: 38 U.S.C. 3231) (1) Spouse-means a person of the opposite sex who is the wife or husband of the participant, and whose marriage to the participant meets the requirements of §3.1(j) of this chapter. (Authority: Sec. 903, Pub. L. 96-342, 94 Stat. 1115) (m) Surviving spouse-means a person of the opposite sex who is a widow or widower of the participant, and whose marriage to the participant meets the requirements of §3.1(j) or §3.52 of this chapter. (n) Child (1) for the purposes of (21.5067(a) this term means a natural child, step-child or adopted child of the participant regardless of age or marital status. (2) For all other purposes this term means a person whose relationship to the participant meets the requirements of $3.57 or §3.58 of this chapter. (0) Parent-means a person whose relationship to the participant meets the requirements of §3.59 of this chapter. Authority: 38 U.S.C. 3224) (p) Training establishment-means any establishment providing apprentice or other training on-the-job, including those under the supervision of a college or university or any State department of education, or any State apprenticeship agency, or any State board of vocational education, or any joint apprenticeship committee, or the Bureau of Apprenticeship and Training established in accordance with 29 U.S.C. Chapter 4C, or any agency of the Federal Government authorized to supervise such training. Authority: 38 U.S.C. 3202(5), 3452(e); Pub. L. 99-576) (q) Program of education-means— (1) Any curriculum or combination of subjects or unit courses pursued at a school which is generally accepted as necessary to meet requirements for a predetermined and identified educational, professional or vocational objective; (2) Subjects or unit courses which fulfill requirements for more than one predetermined and identified objective if all objectives pursued are generally recognized as being related to a single career field; (3) Any unit course or subject or combination of courses or subjects, pursued by an individual at an educational institution, required by the Administrator of the Small Business Administration as a condition to obtaining financial assistance under the provisions of 15 U.S.C. 636; or (4) A full-time program of apprenticeship or other on-job training approved as provided in §§ 21.4261 or 21.4262 of this part as appropriate. (Authority: 38 U.S.C. 3202(2), 3452(b); Pub. L. 99-576) (r) Educational objective-An educational objective is one that leads to the awarding of a diploma, degree or certificate which is generally recognized as reflecting educational attainment. (Authority: 38 U.S.C. 3202(2), 3452(b)) (s) 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 of education consists of a series of courses not leading to an educational objective, these courses must be generally accepted as necessary for attainment of a designated professional or vocational objective. (Authority: 38 U.S.C. 3202(2)) (t) Deficiency course-The term deficiency course means any secondary level course or subject not previously completed satisfactorily which is specifically required for pursuit of a postsecondary program of education. (Authority: 38 U.S.C. 3241; Pub. L. 100-689) (u) Refresher course-The term refresher course means— (1) 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 (2) 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 individual's active military service and which is necessary to enable the individual to pursue an approved program of education. (Authority: 38 U.S.C. 3241(a); Pub. L. 100-689, Pub. L. 101-237). (v) Disabling effects of chronic alcoholism. (1) The term disabling effects of קל chronic alcoholism means alcohol-induced physical or mental disorders or both, such as habitual intoxication, withdrawal, delirium, amnesia, dementia, and other like manifestations of chronic alcoholism which, in the particular case (i) Have been medically diagnosed as manifestations of alcohol dependency or chronic alcohol abuse, and (ii) Are determined to have prevented commencement or completion of the affected individual's chosen program of education. (2) A diagnosis of alcoholism, chronic alcoholism, alcohol-dependency, chronic alcohol abuse, etc., in and of itself, does not satisfy the definition of this term. (3) Injury sustained by a veteran as a proximate and immediate result of activity undertaken by the veteran while physically or mentally unqualified to do so due to alcoholic intoxication is not considered a disabling effect of chronic alcoholism. (Authority: 38 U.S.C. 105, 3232, 3462; Pub. L. 100-689) (w) Continuous service means (1) Active duty served without interruption. A complete separation from active duty service will interrupt the continuity of active duty service. (2) Time lost while on active duty will not interrupt the continuity of service. Time lost includes, but is not limited to, excess leave, noncreditable time and not-on-duty time. (Authority: 38 U.S.C. 3232(a); Pub. L. 101-237) (x) 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)) (y) 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 (d)(3) of this section, means a program leading to a teacher certificate that allows individuals with a bachelor's degree or graduate degree to obtain teacher certification witho enrolling in an institution of high learning. (Authority: 38 U.S.C. 3202(2), 3452(c)) [45 FR 31, Jan. 2, 1980, as amended at 47 F 51743, Nov. 17, 1982; 52 FR 3429, Feb. 4, 1987; FR 34495, Sept. 7, 1988; 55 FR 31581, Aug. 1990; 57 FR 38614, Aug. 26, 1992; 58 FR 343 June 25, 1993; 61 FR 1526, Jan. 22, 1996; 65 F 5786, Feb. 7, 2000] $21.5022 Eligibility under more tha one program. (a) Concurrent benefits under mo than one program. An individual ma not receive educational assistanc under 38 U.S.C. Chapter 32 concu rently with benefits under any of th following provisions of law: (1) 38 U.S.C. Chapter 31; (5) Section 903 of the Department Defense Authorization Act, 1981 (1 U.S.C. 2141 note); or (6) The Omnibus Diplomatic Securit and Antiterrorism Act of 1986. (Authority: 38 U.S.C. 3681(b)) (b) Total eligibility under more than on program. (1) No one may receive a com bination of educational assistance ben efits under 38 U.S.C. Chapter 32 and an of the following provisions of law fo more than 48 months (or part-tim equivalent): (i) 38 U.S.C. Chapter 30; (ii) 38 U.S.C. Chapter 35; (iii) 10 U.S.C. Chapter 107; (iv) 10 U.S.C. Chapter 1606; (v) Section 903 of the Department o Defense Authorization Act, 1981 (1 U.S.C. 2141, note); (vi) The Hostage Relief Act of 1980 U.S.C. 5561 note); or (vii) The Omnibus Diplomatic Secu rity and Antiterrorism Act of 1986. (2) No one may receive assistanc under 38 U.S.C. Chapter 31 in combina tion with assistance under 38 U.S.C Chapter 32 in excess of 48 months (0 the part-time equivalent) unless VA de termines that additional months o benefits under 38 U.S.C. Chapter 31 ar cessary to accomplish the purposes a rehabilitation program. uthority: 38 U.S.C. 3231, 3695) FR 12852, Apr. 16. 1986; 51 FR 16517, May 5, as amended at 53 FR 34495, Sept. 7, 1988; FR 38614. Aug. 26, 1992; 61 FR 29029, June 7, C 1.5023 Nonduplication; Federal programs. An individual may not receive edutional assistance allowance under 38 S.C. Chapter 32, if the individual is: a; On active duty and is pursuing a rse of education which is being paid in whole or in part, by the Armed rces (or by the Department of Health d Human Services in the case of the blic Health Service), or a) To become a participant an indiual must apply to his or her Service partment on forms prescribed by the vice Department and/or the Seccary of Defense. b Rules and regulations of the apicable Service Department and/or the partment of Defense shall determine the application is timely. c) The provisions of the following tions shall apply to claims for edutional assistance under 38 U.S.C. apter 32: Section 21.1029-Definitions. 2)Section 21.1030-Claims. 3) Section 21.1031-VA responsibiles when a claim is filed. 4)Section 21.1032-Time Limits thority: 38 U.S.C. 3232, 3241, 3471; Pub. L. 502. Pub. L. 99-576) FR 31. Jan. 2, 1980, as amended at 48 FR Jan. 25, 1983; 53 FR 34495, Sept. 7, 1988; FR 23772, May 4, 1999] ELIGIBILITY § 21.5040 Basic eligibility. (a) Individuals not on active duty. Whether an individual has basic eligibility under 38 U.S.C. Chapter 32 for educational assistance depends upon when he or she entered the military service, the length of that service, and the character of that service. (Authority: 38 U.S.C. 3202). (b) Service requirements for all individuals not on active duty. (1) An individual not on active duty: (i) Must have entered the military service after December 31, 1976, and before July 1, 1985; (Authority: 38 U.S.C. 3202, Pub. L. 99-576) (ii) Must not have and except as provided in paragraph (g) of this section must not have had basic eligibility under 38 U.S.C. Chapter 34; (iii) Must have received an unconditional discharge or release under conditions other than dishonorable from any period of service upon which eligibility is based; (iv) Must either have: (A) Served on active duty for a least 181 continuous days, or (B) Been discharged or released from active duty for a service-connected disability. (2) The Department of Veterans Affairs will consider that the veteran has an unconditional discharge or release if: (i) The individual was eligible for complete separation from active duty on the date a discharge or release was issued to him or her, or (ii) The provisions of §3.13(c) of this chapter are met. (3) The provisions of §3.12 of this chapter as to character of discharge and §3.13 of this chapter as to conditional discharges are applicable. (Authority: 38 U.S.C. 3202) (c) Additional active duty service requirements for some individuals not on active duty-Chapter 32. (1) Unless exempted by paragraph (d) of this section, persons who originally enlist in a regular component of the Armed Forces after September 7, 1980, or who enter on active duty after October 16, 1981 (either as an enlisted member or an officer) to be eligible under 38 U.S.C. Chapter 32, must first complete the shorter of: (i) 24 continuous months of active duty, or (ii) The full period for which the individual was called or ordered to active duty. (2) For the purpose of paragraph (c)(1) of this section the Department of Veterans Affairs considers that an enlisted person originally enlisted in a regular component of the Armed Forces on the date he or she entered on active duty even through he or she may have signed a delayed-entry contract on an earlier date. (3) In computing time served for the purpose of this paragraph, the Department of Veterans Affairs will exclude any period during which the individual is not entitled to credit for service as specified in §3.15 of this chapter. However, those periods will be included in determining if the service was contin uous. (d) Individuals exempt from additional active duty requirements. (1) An individual who originally enlists in a regular component of the Armed Forces after September 7, 1980, or who enters on active duty after October 16, 1981 (either as an enlisted member or officer), will be eligible to receive benefits under 38 U.S.C. Chapter 32 based upon the ensuing period of active duty, and is exempt from the provisions of paragraph (c) of this section if he or she subsequently: (i) Is discharged or released from active duty: (A) Under 10 U.S.C. 1173 (hardship discharge), or (B) Under 10 U.S.C. 1171 (early-out discharge), or (C) For a disability incurred in or aggravated in line of duty; or (ii) Is found by Department of Veterans Affairs to have a service-connected disability which gives the individual basic entitlement to disability compensation as described in §3.4(b) of this chapter. Once the Department of Veterans Affairs makes this finding, the exemption will continue to apply even if the disability subsequently improves and becomes noncompensable. (2) An individual who enters on a pe riod of active duty after October 16 1981, is also exempt from the provision: of paragraph (c) of this section if he o she: (i) Previously completed a contin uous period of active duty of at least 2 months, or (ii) Was discharged or released from a previous period of active duty under 1 U.S.C. 1171 (early-out discharge). (3) In computing time served for the purpose of this paragraph, the Depart ment of Veterans Affairs will exclude any period during which the individua is not entitled to credit for service as specified in §3.15 of this chapter. However, those periods will be included in determining if the service was contin uous. (e) Savings provision. An individua may become a participant and estab lish basic eligibility under the provi sions of this section based upon a pe riod of active duty service which began before October 16, 1981. He or she would not lose the basic eligibility based upon that period of service if, following a release from active duty, the individual reenters on active duty after October 16, 1981, and fails to meet the requirements of paragraph (c) of this section or qualify for an exemption under paragraph (d) of this section. He or she will receive a refund of any contributions he or she may make to the fund during the second period of active duty. See § 21.5065. (Authority: 38 U.S.C. 3202, 5303A) (f) Individuals on active duty. To establish basic eligibility under 38 U.S.C. Chapter 32 for educational assistance an individual on active duty: (1) Must have entered into military service after December 31, 1976, and before July 1, 1985. (Authority: 38 U.S.C. 3202, Pub. L. 96-466, Pub. L. 99-576) (2) Must have served on active duty for a period of 181 or more continuous days after December 31, 1976, and (3) If not enrolled in a course, courses or a program of education leading to a secondary school diploma or equivalency certificate, must have completed |