38 U.S.C. § 3312

Educational assistance: duration

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(a)In General.—Subject to section 3695 and except as provided in subsections (b) and (c), an individual entitled to educational assistance under this chapter is entitled to a number of months of educational assistance under section 3313 equal to 36 months.(b)Continuing Receipt.—The receipt of educational assistance under section 3313 by an individual entitled to educational assistance under this chapter is subject to the provisions of section 3321(b)(2).(c)Discontinuation of Education for Active Duty.—(1)In general.—Any payment of educational assistance described in paragraph (2) shall not—(A) be charged against any entitlement to educational assistance of the individual concerned under this chapter; or(B) be counted against the aggregate period for which section 3695 limits the individual’s receipt of educational assistance under this chapter.(2)Description of payment of educational assistance.—Subject to paragraph (3), the payment of educational assistance described in this paragraph is the payment of such assistance to an individual for pursuit of a course or courses under this chapter if the Secretary finds that the individual—(A)(i) in the case of an individual not serving on active duty, had to discontinue such course pursuit as a result of being called or ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10; or(ii) in the case of an individual serving on active duty, had to discontinue such course pursuit as a result of being ordered to a new duty location or assignment or to perform an increased amount of work; and(B) failed to receive credit or lost training time toward completion of the individual’s approved education, professional, or vocational objective as a result of having to discontinue, as described in subparagraph (A), the individual’s course pursuit.(3)Period for which payment not charged.—The period for which, by reason of this subsection, educational assistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the portion of the period of enrollment in the course or courses from which the individual failed to receive credit or with respect to which the individual lost training time, as determined under paragraph (2)(B).(Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2362.)Statutory Notes and Related SubsidiariesEffective Date

Section effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110–252, set out as an Effective Date of 2008 Amendment note under section 16163 of Title 10, Armed Forces.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 2019–2021 · leading case: Carr v. Wilkie, 961 F.3d 1168 (Fed. Cir. 2020).

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Carr v. Wilkie, 961 F.3d 1168 (Fed. Cir. 2020). · cites it 5× “38 U.S.C. § 3312 (a) (“Subject to section 3695 and except as provided in subsections (b) and (c),” an eligible veteran “is entitled to” 36 months of educational assistance).”

Rudisill v. McDonough, 4 F.4th 1297 (Fed. Cir. 2021). “38 U.S.C. § 3312 (a). The Post-9/11 GI Bill provided broader benefits than the prior bills, including payment of the actual amount of tuition and fees plus a monthly housing stipend equal to the basic military housing allowance in the area in which the campus is located; plus a…”

Samantha E. Carr v. Robert L. Wilkie (Vet. App. 2019). · cites it 3× “The Court affirms the Board's decision because 38 U.S.C. § 3312 establishes that Samantha's benefits were subject to § 3695 and its 48-month cap, and her situation did not fall within either of § 3695's listed exceptions.”

Bo v. Robert L. Wilkie (Vet. App. 2019). · cites it 2× “38 U.S.C. § 3312 (a). Post-9/11 education benefits, awarded per school term, 2 The amount of benefits an individual receives under the Post-9/11 GI Bill depends on the aggregate amount of his or her service.”

Samantha E. Carr v. Denis McDonough (Vet. App. 2021). “See 38 U.S.C. § 3312 (cross-referencing 38 U.”

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