38 U.S.C. § 3202

Definitions

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For the purposes of this chapter—(1)(A) The term “eligible veteran” means any veteran who is not eligible for educational assistance under chapter 34 of this title and who (i) entered military service on or after January 1, 1977, and before July 1, 1985, served on active duty for a period of more than 180 days commencing on or after January 1, 1977, and was discharged or released therefrom under conditions other than dishonorable, or (ii) entered military service on or after January 1, 1977, and before July 1, 1985, and was discharged or released from active duty after January 1, 1977, for a service-connected disability.(B) The requirement of discharge or release, prescribed in subparagraph (A), shall be waived in the case of any participant who has completed his or her 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.(C) For the purposes of subparagraphs (A) and (B), the term “active duty” does not include any period during which an individual (i) 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, (ii) served as a cadet or midshipman at one of the service academies, or (iii) served under the provisions of section 511(d) 11 See References in Text note below. 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, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve.(D)(i) The requirement of ineligibility for educational assistance under chapter 34 of this title, prescribed in subparagraph (A), shall be waived in the case of a veteran described in division (ii) of this subparagraph who elects to receive benefits under this chapter instead of assistance under such chapter 34. A veteran who makes such an election shall be ineligible for assistance under such chapter. Such an election is irrevocable.(ii) A veteran referred to in division (i) of this subparagraph is a veteran who before January 1, 1977, performed military service described in subparagraph (C)(iii), is entitled under section 3452(a)(3)(C) of this title to have such service considered to be “active duty” for the purposes of chapter 34 of this title, and is eligible for assistance under such chapter only by reason of having such service considered to be active duty.(2) The term “program of education”—(A) has the meaning given such term in section 3452(b) of this title, and(B) includes (i) a full-time program of apprenticeship or other on-job training approved as provided in clause (1) or (2), as appropriate, of section 3687(a) of this title, and (ii) in the case of an individual who is not serving on active duty, a cooperative program (as defined in section 3482(a)(2) of this title).(3) The term “participant” is a person who is participating in the educational benefits program established under this chapter.(4) The term “educational institution” has the meaning given such term in section 3452(c) of this title.(5) The term “training establishment” has the meaning given such term in section 3452(e) of this title.(Added Pub. L. 94–502, title IV, § 404, Oct. 15, 1976, 90 Stat. 2394, § 1602; amended Pub. L. 96–466, title IV, § 401, Oct. 17, 1980, 94 Stat. 2201; Pub. L. 98–223, title II, § 203(a), Mar. 2, 1984, 98 Stat. 41; Pub. L. 99–576, title III, §§ 309(a)(2), 310(a), Oct. 28, 1986, 100 Stat. 3270, 3271; Pub. L. 100–689, title I, § 108(b)(1), Nov. 18, 1988, 102 Stat. 4169; Pub. L. 102–54, § 14(c)(6), June 13, 1991, 105 Stat. 285; renumbered § 3202 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 109–163, div. A, title V, § 515(e)(3), Jan. 6, 2006, 119 Stat. 3236.)Editorial NotesReferences in Text

Section 511 of title 10, referred to in par. (1)(C)(iii), was renumbered section 12103 of Title 10, Armed Forces, by Pub. L. 103–337, div. A, title XVI, § 1662(b)(2), Oct. 5, 1994, 108 Stat. 2989.

Prior Provisions

Prior sections 3202 to 3205 were renumbered sections 5502 to 5505 of this title, respectively, and section 5505 was subsequently repealed by Pub. L. 103–446, title XII, § 1201(g)(4)(A), Nov. 2, 1994, 108 Stat. 4687.

Amendments

2006—Par. (1)(C)(iii). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.

1991—Pub. L. 102–83, § 5(a), renumbered section 1602 of this title as this section.

Par. (1)(A). Pub. L. 102–54 inserted comma after last reference to “1977”.

Par. (1)(D)(ii). Pub. L. 102–83, § 5(c)(1), substituted “3452(a)(3)(C)” for “1652(a)(3)(C)”.

Par. (2). Pub. L. 102–83, § 5(c)(1), substituted “3452(b)” for “1652(b)” in subpar. (A) and “3687(a)” for “1787(a)” and “3482(a)(2)” for “1682(a)(2)” in subpar. (B).

Pars. (4), (5). Pub. L. 102–83, § 5(c)(1), substituted “3452(c)” for “1652(c)” in par. (4) and “3452(e)” for “1652(e)” in par. (5).

1988—Par. (2)(B). Pub. L. 100–689 inserted designation “(i)” after “includes” and added cl. (ii).

1986—Par. (1)(A). Pub. L. 99–576, § 309(a)(2), inserted “and before July 1, 1985,” in two places and substituted “commencing on or after January 1, 1977” for “commencing on or after such date” and “released from active duty after January 1, 1977” for “released from active duty after such date”.

Par. (2). Pub. L. 99–576, § 310(a)(1), added par. (2) and struck out former par. (2) which read as follows: “The terms ‘program of education’ and ‘educational institution’ shall have the same meaning ascribed to them in sections 1652(b) and 1652(c), respectively, of this title.”

Pars. (4), (5). Pub. L. 99–576, § 310(a)(2), added pars. (4) and (5).

1984—Par. (1)(D). Pub. L. 98–223 added subpar. (D).

1980—Par. (1)(A). Pub. L. 96–466 inserted “who is not eligible for educational assistance under chapter 34 of this title and” after “any veteran” and struck out “initially” before “entered military service” in two places.

Statutory Notes and Related SubsidiariesEffective Date of 1988 Amendment

Amendment by Pub. L. 100–689 effective Jan. 1, 1989, see section 108(c) of Pub. L. 100–689, set out as a note under section 3002 of this title.

Effective Date of 1980 Amendment

Pub. L. 96–466, title VIII, § 802(d)(1), Oct. 17, 1980, 94 Stat. 2218, provided that: “The amendments made by section 401 [amending this section] shall take effect as of January 1, 1977.”

Effective Date

Section effective Jan. 1, 1977, see section 406 of Pub. L. 94–502, set out as a note under section 3201 of this title.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Enrollment in Program Before April 1, 1987

For provisions for continued eligibility for enrollment in the program established by this chapter until Apr. 1, 1987, of individuals on active duty in the Armed Forces who were eligible therefor on June 30, 1985, and requiring notice of such continued eligibility to affected individuals, see section 309(c), (d) of Pub. L. 99–576, set out as a note under section 3201 of this title.

Notes of Decisions

Cited in 17 cases (1 in the last 5 years), 1960–2023 · leading case: Dep't of Health & Rehabilitative Servs., State of Florida, Plaintiff v. Rachel G. Davis, as Guardian of the Est. of Arthur Grady Glasscock, 616 F.2d 828 (5th Cir. 1980).

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Dep't of Health & Rehabilitative Servs., State of Florida, Plaintiff v. Rachel G. Davis, as Guardian of the Est. of Arthur Grady Glasscock, 616 F.2d 828 (5th Cir. 1980). · cites it 3× “607 , 609 (current version at 38 U.S.C.A. § 3202 (a)). The Administrator was also empowered to pay benefits “to the chief officer of the institution in which [the] veteran is an inmate.”

Matter of Est. of Novotny, 446 F. Supp. 1027 (S.D.N.Y. 1978). · cites it 9× “s Administration of the United States (sometimes hereinafter referred to as the “Government”) and the New York State Tax Commission (sometimes hereinafter referred to as the “State”) over the application of New York State’s estate tax to funds escheating from the hands of a…”

Whitmire v. United States Vets. Admin., 661 F. Supp. 720 (W.D. Wash. 1986). · cites it 5× “This appointment was made under the authority of 38 U.S.C. § 3202 (a)(1) and 38 C.F.R. §§ 13.”

Est. of Podgursky, 271 N.W.2d 52 (S.D. 1978). · cites it 2× “Meade, South Dakota, and at the time of his death was unmarried and without heirs; that his estate consisted of funds derived from benefits payable under the laws administered by the Veterans' Administration of the United States and that under 38 U.S.C.A. § 3202 (e) [1] and SDCL…”

Matter of Guardianship of Flyinghorse, 456 N.W.2d 567 (S.D. 1990). · cites it 3× “At the time of the hearing on the Petition for Guardianship, the VA had already assumed guardianship for Flyinghorse under 38 U.S.C. § 3202 and made arrangements with the First Interstate Bank of Sioux Falls to be the corporate guardian of the estate of Flyinghorse.”

United States v. Bd. of Commissioners of Pub. Schs., 432 F. Supp. 629 (D. Maryland 1977). · cites it 4× “” 1 The United States thereafter made demand on the Board to pay the money over to the VA, citing 38 U.S.C. § 3202 (e), supra, and when that demand was refused brought this action.”

United States v. Beryl Zyskind, 118 F.3d 113 (2d Cir. 1997). “, 38 U.S.C. § 3202 (a)(1) (1988) (“payment of benefits under any law administered by the Veterans’ Administration may be made directly to the beneficiary or to .”

In re Folding Carton Antitrust Litig., 744 F.2d 1252 (7th Cir. 1984). “See 38 U.S.C. § 3202 (e) (any funds of deceased veteran derived from federal veterans’ benefits paid to decedent that would escheat to state shall escheat to United States).”

Est. of Plich v. Am. Nat'l Bank, 348 P.2d 706 (Colo. 1960). “…and by virtue of the context of the Act, a very limited meaning, to-wit: money or currency. NOTES [*] Now 38 U.S.C.A. § 3202 (d).”

Dumas v. Cleland, 486 F. Supp. 149 (D. Vt. 1980). “Neither does 38 U.S.C. § 3202 grant procedural rights to plaintiffs.”

Sena v. Roudebush, 442 F. Supp. 153 (D.N.M. 1977). “Sena’s inability to manage his own affairs and is authorized by 38 U.S.C. § 3202 and 38 C.F.R. 3.850. In November, 1976, David Sena, Mr.”

State v. United States, 574 F.2d 128 (2d Cir. 1978). · cites it 2× “2d 326 (1975), the New York Court of Appeals emphatically held that property passing to the United States under 38 U.S.C. § 3202 (e) (which is substantially the same as 38 U.”

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