38 U.S.C. § 3021

Supplemental educational assistance for additional service

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(a) The Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, may provide for the payment of supplemental educational assistance under this subchapter to any individual eligible for basic educational assistance under section 3011 or 3018 of this title who—(1) serves five or more consecutive years of active duty in the Armed Forces after the years of active duty counted under section 3011(a)(1) of this title without a break in such service; and(2) after completion of the service described in clause (1) of this subsection—(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list;(B) continues on active duty without a break in service; or(C) is released from active duty for further service in a reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service.(b) The Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, may provide for the payment of supplemental educational assistance under this subchapter to any individual eligible for basic educational assistance under section 3012 or 3018 of this title who—(1) serves two or more consecutive years of active duty in the Armed Forces after the years of active duty counted under section 3012(a)(1) of this title and four or more consecutive years of duty in the Selected Reserve after the years of duty in the Selected Reserve counted under such section without a break in service; and(2) after completion of the service described in clause (1) of this subsection—(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list; or(B) continues on active duty or in the Selected Reserve.(c) Continuity of service of a member in the Selected Reserve for purposes of subsection (b)(1) of this section shall not be considered to be broken—(1) by any period of time (not to exceed a maximum period prescribed by the Secretary concerned by regulation) during which the member is not able to locate a unit of the Selected Reserve of the member’s Armed Force that the member is eligible to join or that has a vacancy; or(2) by any other period of time (not to exceed a maximum period prescribed by the Secretary concerned by regulation) during which the member is not attached to a unit of the Selected Reserve that the Secretary concerned, pursuant to regulations, considers to be inappropriate to consider for such purpose.(d) A period of active duty or duty in the Selected Reserve that occurs before the period of duty by which the individual concerned qualifies for basic educational assistance may not be counted for purposes of this section.(Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2558, § 1421; amended Pub. L. 99–576, title III, § 321(5), (6), Oct. 28, 1986, 100 Stat. 3278; Pub. L. 100–689, title I, § 103(b)(5), Nov. 18, 1988, 102 Stat. 4166; Pub. L. 101–237, title IV, § 423(b)(4)(B), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3021 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)Editorial NotesPrior Provisions

Prior section 3021 was renumbered section 5121 of this title.

Amendments

1991—Pub. L. 102–83, § 5(a), renumbered section 1421 of this title as this section.

Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3011 or 3018” for “1411 or 1418” in introductory provisions and “3011(a)(1)” for “1411(a)(1)” in par. (1).

Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3012 or 3018” for “1412 or 1418” in introductory provisions and “3012(a)(1)” for “1412(a)(1)” in par. (1).

1989—Subsecs. (a), (b). Pub. L. 101–237 inserted “of Defense” after second reference to “Secretary”.

1988—Subsecs. (a), (b). Pub. L. 100–689 inserted reference to section 1418 of this title.

1986—Subsec. (a)(1). Pub. L. 99–576, § 321(5), substituted “after” for “in addition to”.

Subsec. (b)(1). Pub. L. 99–576, § 321(5), substituted “after” for “in addition to” in two places.

Subsec. (c)(1). Pub. L. 99–576, § 321(6), substituted “the member’s” for “his”.

Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 98–525, title VII, § 702(b), Oct. 19, 1984, 98 Stat. 2563, provided that: “Subchapter III of chapter 30 of title 38, United States Code, as added by subsection (a), shall take effect on July 1, 1986.”

Notes of Decisions

Cited in 6 cases, 1966–1993 · leading case: Satchel v. Derwinski, 1 Vet. App. 258 (Vet. App. 1991).

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Satchel v. Derwinski, 1 Vet. App. 258 (Vet. App. 1991). · cites it 3× “38 U.S.C. § 3021 (a) (1988); 38 C.F.R. § 3.”

Hayes v. Derwinski, 1 Vet. App. 186 (Vet. App. 1991). · cites it 2× “As our holding makes it unnecessary to do so, however, the Court will not address the issue of whether 38 U.S.C. § 3021 (1988) mandates or precludes the consideration of this evidence by the BVA.”

Ziviak v. United States, 411 F. Supp. 416 (D. Mass. 1976). “To arrive at this figure, defendant claims that 38 U.S.C. § 3021 is applicable in determining how much money plaintiff might be entitled to, and that by reason of that statute, plaintiff’s recovery would be limited to the amount accumulated “for a period *420 not to exceed one…”

Devany v. United States, 366 F.2d 807 (2d Cir. 1966). · cites it 2× “38 U.S.C. § 3021 . We do not view this distinction as important; it is a mere ministerial detail which can be rec *809 ognized by a simple amendment to Mr.”

Arcala v. Principi, 4 Vet. App. 72 (Vet. App. 1993). · cites it 4× “In a September 25,1984, decision, the RO awarded the appellant accrued benefits under 38 U.S.C. § 3021 (now § 5121), finding that the veteran had been entitled to non-service-connected pension benefits based on permanent and total disability, under 38 U.”

Hayes v. Adm'r, Vets. Admin., 542 P.2d 517 (Okla. 1975). “The record does not contain copies of the administrative decisions involved, and we note that in its answer the Veterans Administration refers to distribution under a general statute, 38 U.S.C. § 3021 (a). The Appellants urge that the applicable statute is 38 U.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.