U.S. CODE

U.S. Code

§ 3202. Definitions

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) ^[1] 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.

[1] See References in Text note below.

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