§ 3462.
(a)
Delimiting Period for Completion.—
(1)
Subject to paragraph (4) of this subsection, no educational assistance shall be afforded an eligible veteran under this chapter beyond the date 10 years after the veteran’s last discharge or release from active duty after January 31, 1955; except that, in the case of any eligible veteran who was prevented from initiating or completing such veteran’s chosen program of education within such time period because of a physical or mental disability which was not the result of such veteran’s own willful misconduct, such veteran shall, upon application made within one year after (A) the last date of the delimiting period otherwise applicable under this section, (B) the termination of the period of such mental or physical disability, or (C) October 1, 1980, whichever is the latest, be granted an extension of the applicable delimiting period for such length of time as the Secretary determines, from the evidence, that such veteran was so prevented from initiating or completing such program of education. When an extension of the applicable delimiting period is granted a veteran under the preceding sentence, the delimiting period with respect to such veteran will again begin running on the first day following such veteran’s recovery from such disability on which it is reasonably feasible, as determined in accordance with regulations which the Secretary shall prescribe, for such veteran to initiate or resume pursuit of a program of education with educational assistance under this chapter.
[(2)
Repealed. [Pub. L. 108–183, title III, § 306(d)], Dec. 16, 2003, [117 Stat. 2661].]
[(3)
Repealed. [Pub. L. 107–14, § 8(a)(5)], June 5, 2001, [115 Stat. 34].]
(4)
For purposes of paragraph (1) of this subsection, a veteran’s last discharge or release from active duty shall not include any discharge or release from a period of active duty of less than 90 days of continuous service unless the individual involved is discharged or released for a service-connected disability, for a medical condition which preexisted such service and which the Secretary determines is not service connected, for hardship, or as a result of a reduction in force as described in
section 3011(a)(1)(A)(ii)(III) of this title.
(c)
Savings Clause.—
In the case of any eligible veteran who was discharged or released from active duty before June 1, 1966, the 10-year delimiting period shall run from such date, if it is later than the date which otherwise would be applicable. In the case of any eligible veteran who was discharged or released from active duty before August 31, 1967, and who pursues a course of farm cooperative training, apprenticeship or other training on the job, the 10-year delimiting period shall run from August 31, 1967, if it is later than the date which would otherwise be applicable.
(d)
Prisoners of War.—
In the case of any veteran (1) who served on or after January 31, 1955, (2) who became eligible for educational assistance under the provisions of this chapter or chapter 36 of this title, and (3) who, subsequent to the veteran’s last discharge or release from active duty, was captured and held as a prisoner of war by a foreign government or power, there shall be excluded, in computing the veteran’s 10-year period of eligibility for educational assistance, any period during which the veteran was so detained and any period immediately following the veteran’s release from such detention during which the veteran was hospitalized at a military, civilian, or Department of Veterans Affairs medical facility.
(Added [Pub. L. 89–358, § 2], Mar. 3, 1966, [80 Stat. 14], § 1662; amended [Pub. L. 90–77, title III, § 305], Aug. 31, 1967, [81 Stat. 188]; [Pub. L. 93–337, § 1], July 10, 1974, [88 Stat. 292]; [Pub. L. 94–502, title II, § 211(3)], title IV, § 403(b), Oct. 15, 1976, [90 Stat. 2388], 2393; [Pub. L. 95–202, title II, § 203(a)(1)], (b)(1), Nov. 23, 1977, [91 Stat. 1439]; [Pub. L. 96–466, title III, § 301], Oct. 17, 1980, [94 Stat. 2191]; [Pub. L. 97–35, title XX, § 2003(b)(1)], Aug. 13, 1981, [95 Stat. 782]; [Pub. L. 97–72, title II, § 201(a)], Nov. 3, 1981, [95 Stat. 1054]; [Pub. L. 97–295, § 4(39)], Oct. 12, 1982, [96 Stat. 1307]; [Pub. L. 97–306, title II, § 206(a)], Oct. 14, 1982, [96 Stat. 1435]; [Pub. L. 98–160, title VII, § 702(10)], Nov. 21, 1983, [97 Stat. 1009]; [Pub. L. 101–237, title IV], §§ 420(a)(3), 423(b)(1), Dec. 18, 1989, [103 Stat. 2087], 2092; renumbered § 3462 and amended [Pub. L. 102–83, § 5(a)], (c)(1), Aug. 6, 1991, [105 Stat. 406]; [Pub. L. 107–14, § 8(a)(5)], June 5, 2001, [115 Stat. 34]; [Pub. L. 108–183, title III, § 306(d)], Dec. 16, 2003, [117 Stat. 2661]; [Pub. L. 109–233, title V, § 503(8)(A)], (C), June 15, 2006, [120 Stat. 416].)