38 U.S.C. § 3033

Bar to duplication of educational assistance benefits

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(a)(1) An individual entitled to educational assistance under a program established by this chapter who is also eligible for educational assistance under a program under chapter 31, 32, 33, or 35 of this title, under chapter 106 or 107 of title 10, or under the Hostage Relief Act of 1980 (Public Law 96–449; 5 U.S.C. 5561 note) may not receive assistance under two or more of such programs concurrently but shall elect (in such form and manner as the Secretary may prescribe) under which program to receive educational assistance.(2) An individual entitled to educational assistance under chapter 34 of this title may not receive assistance under this chapter before January 1, 1990.(b) A period of service counted for purposes of repayment under chapter 109 of title 10 of an education loan may not also be counted for purposes of entitlement to educational assistance under this chapter.(c) An individual who serves in the Selected Reserve may not receive credit for such service under two or more of the programs established by this chapter, chapter 33 of this title, and chapters 1606 and 1607 of title 10 but shall elect (in such form and manner as the Secretary may prescribe) the program to which such service is to be credited.(Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2561, § 1433; amended Pub. L. 99–576, title III, § 306, Oct. 28, 1986, 100 Stat. 3269; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102–16, § 10(a)(4), Mar. 22, 1991, 105 Stat. 55; renumbered § 3033, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 110–252, title V, § 5003(b)(1)(A), June 30, 2008, 122 Stat. 2375.)Editorial NotesReferences in Text

The Hostage Relief Act of 1980, referred to in subsec. (a)(1), is Pub. L. 96–449, Oct. 14, 1980, 94 Stat. 1967, which was formerly set out as a note under section 5561 of Title 5, Government Organization and Employees.

Amendments

2008—Subsec. (a)(1). Pub. L. 110–252, § 5003(b)(1)(A)(i), inserted “33,” after “32,”.

Subsec. (c). Pub. L. 110–252, § 5003(b)(1)(A)(ii), substituted “two or more of the programs established by this chapter, chapter 33 of this title, and chapters 1606 and 1607 of title 10” for “both the program established by this chapter and the program established by chapter 106 of title 10”.

1991—Pub. L. 102–83 renumbered section 1433 of this title as this section.

Subsec. (b). Pub. L. 102–16 substituted “chapter 109 of title 10” for “section 902 of the Department of Defense Authorization Act, 1981 (10 U.S.C. 2141 note),”.

1989—Subsecs. (a)(1), (c). Pub. L. 101–237 substituted “Secretary” for “Administrator”.

1986—Subsec. (a)(1). Pub. L. 99–576, § 306(a), substituted “chapter 31, 32, or 35 of this title, under chapter 106 or 107 of title 10, or under the Hostage Relief Act of 1980 (Public Law 96–449; 5 U.S.C. 5561 note) may not receive assistance under two or more of such programs” for “chapter 31, 34, or 35 of this title or under chapter 106 or 107 of title 10 may not receive assistance under both programs”.

Subsec. (c). Pub. L. 99–576, § 306(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “An individual who is entitled to educational assistance under chapter 106 of title 10 may not also receive educational assistance under this chapter based on entitlement under section 1412 of this title.”

Statutory Notes and Related SubsidiariesEffective Date of 2008 Amendment

Amendment by Pub. L. 110–252 effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110–252, set out as a note under section 16163 of Title 10, Armed Forces.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 1995–2023 · leading case: Bernier v. Brown, 7 Vet. App. 434 (Vet. App. 1995).

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Bernier v. Brown, 7 Vet. App. 434 (Vet. App. 1995). · cites it 3× “282 (b)(2)(ii) (1994), and whether 38 U.S.C. §§ 3033 (a)(1), 3681(b)(1), and 5113(a) were applicable to the appellant’s claim.”

Bo v. Robert L. Wilkie (Vet. App. 2019). · cites it 5× “§ 3681 (b)(1) (titled "Limitations on educational assistance"); see 38 U.S.C. §§ 3033 (a)(1) (barring concurrent receipt of MGIB benefits and education benefits for which an individual "is also eligible"), 3322(a) (same for Post-9/11 GI Bill benefits).”

Vollono v. McDonough, 991 F.3d 1381 (Fed. Cir. 2021). · cites it 4× “7143 (a), and its enabling statute, 38 U.S.C. § 3033 , preclude the payment of duplica- tive educational benefits regardless of current eligibility.”

10-30 518 (Board of Vet. App. 2017). “§ 3031 (a); see also 38 U.S.C.A. § 3033 ; 38 C.F.R. § 21.7142 .”

Rodney Wright v. Denis McDonough (Vet. App. 2023). “, 38 U.S.C. §§ 3033 (a)(1) (prohibiting an individual from "reciev[ing] assistance under two or more [education] programs concurrently"), 5304 (providing that "not more than one award of pension, compensation, emergency officers', regular, or reserve retirement pay, or initial…”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2012). “See 38 U.S.C.A. §§ 3033 (a)(l), 3322 (West 2002); 38 C.”

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