PART III-READJUSTMENT AND RELATED BENEFITS HAPTER Sec. 30. All-Volunteer Force Educational Assistance Program 31. Training and Rehabilitation for Veterans with Service-Connected Disabilities 3001 3100 32. Post-Vietnam Era Veterans' Educational Assistance 33. [REPEALED.] 3201 34. Veterans' Educational Assistance 35. Survivors' and Dependents' Educational Assistance 39. Automobiles and Adaptive Equipment for Certain Disabled Veterans and Members of the Armed Forces 3901 41. Job Counseling, Training, and Placement Service for Veterans .... 4100 42. Employment and Training of Veterans 4211 43. Employment and Reemployment Rights of Members of the Uniformed Services 4301 CHAPTER 30-ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM SUBCHAPTER I-PURPOSES; DEFINITIONS ec. )01. Purposes. 002. )11. )12. )13. )14. 15. )16. )17. 18. Definitions. SUBCHAPTER II—BASIC EDUCATIONAL ASSISTANCE Basic educational assistance entitlement for service on active duty. serve. Duration of basic educational assistance. Payment of basic educational assistance. Amount of basic educational assistance. Inservice enrollment in a program of education. Death benefit. Opportunity for certain active-duty personnel to withdraw election not to enroll. 18A. Opportunity for certain active-duty personnel to enroll before being involuntarily separated from service. 18B. Opportunity for certain persons to enroll. 18C. Opportunity for certain VEAP participants to enroll. SUBCHAPTER III-SUPPLEMENTAL EDUCATIONAL ASSISTANCE Supplemental educational assistance for additional service. Payment of supplemental educational assistance under this subchapter. SUBCHAPTER IV-TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT; GENERAL AND ADMINISTRATIVE PROVISIONS 31. Time limitation for use of eligibility and entitlement. 132. 133. 134. 35. Limitations on educational assistance for certain individuals. Allocation of administration and of program costs. 136. Reporting requirement. SUBCHAPTER I-PURPOSES; DEFINITIONS 3001. Purposes The purposes of this chapter are (1) to provide a new educational assistance program to assist in the readjustment of members of the Armed Forces to civilian life after their separation from military service; (2) to extend the benefits of a higher education to qualifying men and women who might not otherwise be able to afford such an education; (3) to provide for vocational readjustment and to restore lost educational opportunities to those service men and women who served on active duty after June 30, 1985; (4) to promote and assist the All-Volunteer Force program and the Total Force Concept of the Armed Forces by establish ing a new program of educational assistance based upon service on active duty or a combination of service on active duty and in the Selected Reserve (including the National Guard) to aid in the recruitment and retention of highly qualified personnel for both the active and reserve components of the Armed Forces; (5) to give special emphasis to providing educational assist ance benefits to aid in the retention of personnel in the Armed Forces; and (6) to enhance our Nation's competitiveness through the de velopment of a more highly educated and productive work force. (Added P.L. 98-525, §702(a)(1), Oct. 19, 1984, 98 Stat. 2553. § 1401; amended P.L. 100-48, §5, June 1, 1987, 101 Stat. 331; re numbered § 3001, P.L. 102-83, § 5(a), Aug. 6, 1991, 105 Stat. 406. §3002. Definitions For the purposes of this chapter (1) The term "basic educational assistance" means educational assistance provided under subchapter II of this chapter. (2) The term "supplemental educational assistance" means educational assistance provided under subchapter III of this chapter (3) The term "program of education" (A) has the meaning given such term in section 3452(b) of this title, and (B) in the case of an individual who is not serving on active duty, includes (i) a full-time program of apprenticeship or of other on-job training approved as provided in clause (1) or (2. as appropriate, of section 3687(a) of this title, and (ii) a cooper ative program (as defined in section 3482(a)(2) of this title). (4) The term "Selected Reserve" means the Selected Reserve of the Ready Reserve of any of the reserve components (including the Army National Guard of the United States and the Air National Guard of the United States) of the Armed Forces, as required to be maintained under section 10143(a) of title 10. (5) The term "Secretary of Defense" means the Secretary of Defense, except that it means the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy. (6) The term "active duty" does not include any period during which an individual (A) was assigned full time by the Armed Forces to a civilian institution for a course of education which was substantially the same as established courses offered to civilians. (B) served as a cadet or midshipman at one of the service academies, or (C) served under the provisions of section 12103(d) of title 10 pursuant to an enlistment in the Army National Guard or the Air National Guard, or as a Reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve. (7) The term "active duty" includes full-time National Guard duty first performed after June 30, 1985, by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member's status as a member of the Na onal Guard of a State for the purpose of organizing, administerg, recruiting, instructing, or training the National Guard. (8) The term "educational institution" has the meaning given uch term in section 3452(c) of this title. Added P.L. 98–525, §702(a)(1), Oct. 19, 1984, 98 Stat. 2554, 1402; amended P.L. 99-576, §301(a), Oct. 28, 1986, 100 Stat. 267; P.L. 100-689, §§ 108(a)(1), 111(a)(1), Nov. 18, 1988, 102 Stat. 169, 4170; P.L. 101-237, § 423(b)(3), Dec. 18, 1989, 103 Stat. 2092; L. 101-510, 8563(a), Nov. 5, 1990, 104 Stat. 1575; renumbered 3002 and amended P.L. 102-83, §5(a), (c)(1), Aug. 6, 1991, 105 tat. 406; P.L. 103-337, § 1677(d)(2), Oct. 5, 1994, 108 Stat. 3020; L. 103-446, §603(b), Nov. 2, 1994, 108 Stat. 4671; P.L. 104-275, 107(a), Oct. 9, 1996, 110 Stat. 3329.) SUBCHAPTER II-BASIC EDUCATIONAL ASSISTANCE 3011. Basic educational assistance entitlement for service on active duty (a) Except as provided in subsection (c) of this section, each indidual (1) who (A) after June 30, 1985, first becomes a member of the Armed Forces or first enters on active duty as a member of the Armed Forces and (i) who (I) serves, as the individual's initial obligated period of active duty, 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, serves at least two years of continuous active duty in the Armed Forces; or (ii) who serves in the Armed Forces and is discharged or released from active duty (I) for a serviceconnected disability, for a medical condition which preexisted such service on active duty and which the Secretary determines is not service connected, for hardship, or 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; (II) for the convenience of the Government, in the case of an individual who completed not less than 20 months of continuous active duty, if the initial obligated period of active duty of the individual was less than three years, or in the case of an individual who completed not less than 30 months of continuous active duty if the initial obligated period of active duty of the individual was at least three years; or (III) involuntarily for the convenience of the Government as a result of a reduction in force, as determined by the Secretary of the military |