(a)
(1) in the case of an individual whose last discharge or release from active duty is before January 1, 2013, expires at the end of the 15-year period beginning on the date of such discharge or release; or
(2) in the case of an individual whose last discharge or release from active duty is on or after January 1, 2013, shall not expire.
(b)
(1)
(2)
(3)
(4)
(A) in the case of a child who first becomes entitled to such entitlement before January 1, 2013, expires at the end of the 15-year period beginning on the date of such child's eighteenth birthday; or
(B) in the case of a child who first becomes entitled to such entitlement on or after January 1, 2013, shall not expire.
(5)
(A) in the case of a spouse who first becomes entitled to such entitlement before January 1, 2013, expires at the end of the 15-year period beginning on the date on which the spouse first becomes entitled to such entitlement; or
(B) in the case of a spouse who first becomes entitled to such entitlement on or after January 1, 2013, shall not expire.
References in Text
Subsection (b)(9) of section 3311 of this title, referred to in subsec. (b)(5), was redesignated subsection (b)(8) by Pub. L. 115–48, title I, §105(a)(3), Aug. 16, 2017, 131 Stat. 975.
Amendments
2019—Subsec. (a)(1). Pub. L. 116–61 substituted "January" for "January,".
2017—Subsec. (a). Pub. L. 115–48, §112(a), substituted "individual's entitlement—" for "individual's entitlement expires at the end of the 15-year period beginning on the date of such individual's last discharge or release from active duty." and added pars. (1) and (2).
Subsec. (b)(4). Pub. L. 115–48, §112(b), inserted "of this title" after "section 3311(b)(9)", substituted "child's entitlement—" for "child's entitlement expires at the end of the 15-year period beginning on the date of such child's eighteenth birthday.", and added subpars. (A) and (B).
Pub. L. 115–48, §105(c)(5), substituted "section 3311(b)(8)" for "section 3311(b)(9)".
Subsec. (b)(5). Pub. L. 115–48, §112(c), added par. (5).
2014—Subsec. (b)(4). Pub. L. 113–146 substituted "a child" for "an individual" and, in two places, "such child's" for "such individual's".
2010—Subsec. (b)(2). Pub. L. 111–275 substituted "section 3312 of this title" for "3312".
2009—Subsec. (b)(4). Pub. L. 111–32 added par. (4).
Effective Date of 2017 Amendment
Amendment by section 105(c)(5) of Pub. L. 115–48 effective Aug. 1, 2020, see section 105(d) of Pub. L. 115–48, set out as a note under section 3311 of this title.
Effective Date of 2014 Amendment
Amendment by Pub. L. 113–146 applicable with respect to a quarter, semester, or term, as applicable, commencing on or after Jan. 1, 2015, with provision for deaths occurring between Sept. 11, 2001, and Dec. 31, 2005, see section 701(d) of Pub. L. 113–146, set out as a note under section 3311 of this title.
Effective Date of 2009 Amendment
Amendment by Pub. L. 111–32 effective Aug. 1, 2009, see section 1002(d)(1) of Pub. L. 111–32, set out as a note under section 3311 of this title.
Effective 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.
Extension of Time Limitations for Use of Entitlement: Post-9/11 Educational Assistance
Pub. L. 116–140, §6(b)(1), Apr. 28, 2020, 134 Stat. 632, provided that: "During the covered period, the Secretary of Veterans Affairs shall apply section 3321(b)(1) of such title as if it were amended—
"(A) by inserting '(A)' before 'Subsections';
"(B) by striking 'and (d)' and inserting '(d), and (i)'; and [(C)] by adding at the end the following new subparagraph:
" '(B) Subsection (i) of section 3031 (as described in section 6 of the Student Veteran Coronavirus Response Act of 2020 [see section 6(a) of Pub. L. 116–140, 38 U.S.C. 3031 note]) shall apply with respect to the running of the 15-year period described in paragraphs (4)(A) and (5)(A) of this subsection in the same manner as such subsection applies under section 3031 with respect to the running of the 10-year period described in section 3031(a).'."
[The term "covered period" as used in section 6(b)(1) of Pub. L. 116–140, set out above, means Mar. 1, 2020, to Dec. 21, 2020, see section 2 of Pub. L. 116–140, set out as a note under section 3031 of this title.]
1 See Extension of Time Limitations for Use of Entitlement: Post-9/11 Educational Assistance note below. 2 See References in Text note below.