**General**

**§21.5720 Definitions.**

For the purpose of regulations in the §21.5700, §21.5800 and §21.5900
series and payment of benefits under the educational assistance and
subsistence allowance program, the following definitions apply:

\(a\) *Veteran.* This term means a person who:

\(1\) Is not on active duty.

\(2\) Served as a member of the Air Force, Army, Navy or Marine Corps.

\(3\) Enlisted or reenlisted after November 30, 1980, and before October
1, 1981, specifically for benefits under the provisions of 10 U.S.C.
2141 through 2149; Pub. L. 96-342; and

\(4\) Meets the eligibility requirements for the program as stated in
§21.5740. (Authority: 10 U.S.C. 2141(a))

\(b\) *Accredited institution.* This term means a civilian college or
university or a trade, technical or vocational school in the United
States (including the District of Columbia, the Commonwealth of Puerto
Rico, Guam and the U.S. Virgin Islands) that:

\(1\) Provides education on a postsecondary level (including accredited
programs conducted at overseas locations) and

\(2\) Is accredited by:

\(i\) A nationally recognized accrediting agency or association, or

\(ii\) An accrediting agency or association recognized by the Secretary
of Education. (Authority: 10 U.S.C. 2143(c))

\(c\) *Dependent child.* This means an unmarried legitimate child
(including an adopted child or a stepchild) who either:

\(1\) Has not passed his or her 21st birthday; or

\(2\) Is incapable of self-support because of a mental or physical
incapacity that existed before his or her 21st birthday and is, or was
at the time of the veteran's or servicemember's death, in fact,
dependent on him or her for over one-half of his or her support; or

\(3\) Has not passed his or her 23rd birthday; is enrolled in a
full-time course of study in an institution of higher learning approved
by the Secretary of Defense or the Secretary of Education, as the case
may be; and is, or was at the time of the veteran's or servicemember's
death, in fact, dependent upon him or her for over one half of his or
her support. (Authority: 10 U.S.C. 1072(2)(D), 2147(d)(1))

\(d\) *Surviving spouse.* The term means a widow or widower who is not
remarried. (Authority: 10 U.S.C. 2147(d)(2))

\(e\) *Servicemember.* This term means anyone who:

\(1\) Meets the eligibility requirements for the program, and

\(2\) Is on active duty in the Air Force, Army, Navy or Marine Corps.
(Authority: 10 U.S.C. 2142)

\(f\) *Spouse.* This term means a person of the opposite sex who is the
husband or wife of the veteran or servicemember. (Authority: 10 U.S.C.
2147)

\(g\) *Divisions* of *the school year.*

\(1\) *Standard academic year* is a period of 2 standard semesters or 3
standard quarters. It is 9 months long.

\(2\) *Standard* *quarter* is a division of the standard academic year.
It is from 10 to 13 weeks long.

\(3\) *Standard* *semester* is a division of the standard academic year.
It is 15 to 19 weeks long.

\(4\) *Term* is either:

\(i\) Any regularly established division of the standard academic year,
or

\(ii\) The period of instruction which takes place between standard
academic years. (Authority: 10 U.S.C. 2142)

\(h\) *Full-time training.* This term means training at the rate of 12
or more semester hours per semester, or the equivalent. (Authority: 10
U.S.C. 2144)

\(i\) *Part-time training.* The term means training at the rate of less
than 12 semester hours per semester or the equivalent. (Authority: 10
U.S.C. 2144)

\(j\) *Enrollment period.* This term means an interval of time during
which an eligible individual:

\(1\) Is enrolled in an accredited educational institution; and

\(2\) Is pursuing his or her program of education. (Authority: 10 U.S.C.
2142)

\[51 FR 27026, July 29, 1986, as amended at 61 FR 20728, May 8, 1996\]

*Next Section is §21.5725*