Page:United States Statutes at Large Volume 122.djvu/2396

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12 2 STA T . 2 37 3 PUBLIC LA W 11 0– 2 5 2 —J U NE 30 , 200 8‘ ‘ SUBCHAPTERI II — A DM I N ISTRATI V EPR O VISIONS ‘ ‘ §3 3 21.Timel imi ta ti onf o rus eofan d eli g i b ilit y for entitle - ment ‘‘ (a) I NGE NE RAL. —E xcept a s p rovid edi n t h is section , the period d u rin gw hich an individua l entitled to educational assistance under this chapter m a y use such individual ’ s entitlement expires at the end o f the 15- year period b eginning on the date of such individual’s last discharge or release from active duty. ‘‘(b) E XC E PTIO N S .— ‘‘(1) APPLICA B ILIT Y O F SECTION 30 3 1 TOR U NNIN G OF PERIO D .—Subsections (b), (c), and (d) of section 30 31 shall apply with respect to the running of the 15-year period described in subsection (a) of this section in the same manner as such subsections apply under section 3031 with respect to the run- ning of the 10-year period described in section 3031(a). ‘‘( 2 ) APPLICABILITY OF SECTION 3031 TO TER M INATION.—Sec- tion 3031(f) shall apply with respect to the termination of an individual’s entitlement to educational assistance under this chapter in the same manner as such section applies to the termination of an individual’s entitlement to educational assist- ance under chapter 30, except that, in the administration of such section for purposes of this chapter, the reference to section 3013 shall be deemed to be a reference to 3312. ‘‘(3) DETERMINATION OF LAST DISC H ARGE OR RELEASE.— F or purposes of subsection (a), an individual’s last discharge or release from active duty shall not include any discharge or release from a period of active duty of less than 9 0 days of continuous service, unless the individual is discharged or released as described in section 3311(b)(2). ‘‘§ 3322. B artodu p li c ation of educational assistance benefits ‘‘(a) IN GENERAL.—An individual entitled to educational assist- ance under this chapter who is also eligible for educational assist- ance under chapter 30, 31, 32, or 35 of this title, chapter 10 7 , 1 6 06, or 1607 of title 10, or the provisions of the Hostage Relief Act of 19 8 0 (Public L aw 96 –4 49

5 U.S.C. 5561 note) may not receive assistance under two or more such programs concurrently, but shall elect (in such form and manner as the Secretary may prescribe) under which chapter or provisions to receive educational assistance. ‘‘(b) INAPPLICABILITY OF SER V ICE TREATED UNDER EDUCATIONAL LOAN REPAYMENT PROGRAMS.—A period of service counted for pur- poses of repayment of an education loan under chapter 109 of title 10 may not be counted as a period of service for entitlement to educational assistance under this chapter. ‘‘(c) SERVICE IN SELECTED RESERVE.—An individual who serves in the Selected Reserve may receive credit for such service under only one of this chapter, chapter 30 of this title, and chapters 1606 and 1607 of title 10, and shall elect (in such form and manner as the Secretary may prescribe) under which chapter such service is to be credited. ‘‘(d) ADDITIONAL COORDINATION MATTERS.—In the case of an individual entitled to educational assistance under chapter 30, 31, 32, or 35 of this title, chapter 107, 1606, or 1607 of title 10, or the provisions of the Hostage Relief Act of 1980, or ma k ing contributions toward entitlement to educational assistance under