**§21.7050 Ending dates of eligibility.**

The ending date of eligibility will be determined as follows:

\(a\) *Ten-year time limitation.*

\(1\) Except as provided in paragraphs (c), (d), and (e) of this section
and in §21.7051, VA will not provide basic educational assistance or
supplemental educational assistance to a veteran or servicemember beyond
10 years from the later of:

\(i\) The date of the veteran's last discharge or release from a period
of active duty of 90 days or more of continuous service;

\(ii\) The date of the veteran's last discharge or release from a
shorter period of active duty if the discharge or release is:

\(A\) For a service-connected disability, or

\(B\) For a medical condition which preexisted such service and which VA
determines is not service-connected, or

\(C\) For hardship, or

\(D\) Involuntary, for the convenience of the government after October
1, 1987, as a result of a reduction in force, as determined by the
Secretary of the military department concerned, in accordance with
regulations prescribed by the Secretary of Defense or by the Secretary
of Transportation with respect to the Coast Guard when it is not
operating as a service in the Navy;

\(iii\) The date on which the veteran meets the requirement for four
years service in the Selected Reserve found in §§21.7042(b) and
21.7044(b); or

\(iv\) December 27, 2001, for individuals who become eligible for
educational assistance under §21.7044(a)(7) or (b)(4)(ii). (Authority:
38 U.S.C. 3031(a), (e), (g))

\(2\) In determining whether a veteran was discharged or released from
active duty for a medical condition which preexisted that active duty,
VA will be bound by a decision made by a competent military authority.
(Authority: 38 U.S.C. 3031(e), 3031(g))

\(b\) *Reduction of ten-year eligibility period*.

\(1\) Except as provided in paragraph (b)(2) of this section, a veteran
who had eligibility for educational assistance under 38 U.S.C. chapter
34 and who is eligible for educational assistance under 38 U.S.C.
chapter 30 as provided in §21.7044 of this part shall have his or her
ten-year period of eligibility reduced by the number of days he or she
was not on active duty during the period beginning on January 1, 1977,
and ending on June 30, 1985.

\(2\) A veteran's ten-year period of eligibility shall not be reduced by
any period in 1977 before the veteran began serving on active duty when
the veteran qualified for educational assistance under 38 U.S.C. ch. 34
through service on active duty which:

\(i\) Commenced within 12 months of January 1, 1977, and

\(ii\) Resulted from a contract with the Armed Forces in a program such
as the DEP (Delayed Enlistment Program) or an ROTC (Reserve Officers'
Training Corps) program for which a person enlisted in, or was assigned
to, a reserve component before January 1, 1977. (Authority: 38 U.S.C.
3031(e))

\(c\) *Time limit for some members of the Army and Air National Guard*.

\(1\) If a veteran or servicemember establishes eligibility for the
educational assistance payable under this subpart by making the election
described in §21.7042(a)(7) or (b)(10), VA will not provide basic
educational assistance or supplemental educational assistance to that
veteran or servicemember beyond 10 years from the later of:

> \(i\) The date determined by paragraph (a) or (b) of this section, as
> appropriate; or
>
> \(ii\) The effective date of the election described in §21.7042(a)(7)
> or (b)(10), as appropriate.

\(2\) The effective date of election is the date on which the election
is made pursuant to the procedures described in §21.7045(d)(2).
(Authority: §107(b)(3), Pub. L. 104-275, 110 Stat. 3329-3330)

\(d\) *Individual is eligible due to combining active duty as an
enlisted member or warrant officer with active duty as a commissioned
officer*. If a veteran would not be eligible but for the provisions of
§21.7020(b)(6)(v), VA will not pay basic educational assistance or
supplemental educational assistance to that veteran beyond 10 years
after the veteran's last discharge or release from a period of active
duty of 90 days or more of continuous service, or November 30, 2009,
whichever is later. (Authority: 38 U.S.C. 3011(f), 3031(a)).

\(e\) *Some veterans have a later ending date*.

\(1\) The ending date of the eligibility period of a veteran described
in paragraph (e)(2) of this section is the later of:

\(i\) November 1, 2010; or

\(ii\) 10 years after the date of the veteran's last discharge from a
period of active duty of 90 days or more.

\(2\) The ending date of a veteran's eligibility period will be the date
described in paragraph (e)(1) of this section if the veteran would have
been prevented from establishing eligibility by one or more of the
former requirements described in paragraphs (e)(2)(i) through (e)(2)(iv)
of this section and the veteran is enabled to establish eligibility by
the removal of the statutory bases for those requirements. (For the
purposes of this paragraph, the applicable provisions of those former
requirements appear in the July 1, 2002 revision of the Code of Federal
Regulations, title 38.)

\(i\) *A period of active duty other than the initial period was used to
establish eligibility*. The veteran was enabled to establish eligibility
by the removal of the former eligibility requirement in 38 CFR
21.7042(a)(2)(ii), 21.7042(a)(5)(iv)(A), and 21.7042(a)(5)(iv)(B),
revised as of July 1, 2002, that a veteran had to use his or her initial
period of active duty to establish eligibility for educational
assistance;

\(ii\) *High school education eligibility criterion met after the
qualifying period of active duty*. The veteran was enabled to establish
eligibility by the removal of the former eligibility requirement in 38
CFR 21.7042(a)(3), 21.7042(b)(2), and 21.7042(c)(4), revised as of July
1, 2002, that before completing the period of active duty used to
establish eligibility for educational assistance, a veteran had to
complete the requirements for a secondary school diploma (or an
equivalency certificate) or successfully complete (or otherwise receive
academic credit for) 12 semester hours (or the equivalent) in a program
of education leading to a standard college degree;

\(iii\) *High school education eligibility criterion met after October
29, 1994*. The veteran was enabled to establish eligibility by the
removal of the former eligibility requirement in 38 CFR 21.7042(a)(6),
21.7042(b)(11), and 21.7044(b)(13), revised as of July 1, 2002, that
certain veterans meet the requirements for a secondary school diploma
(or an equivalency certificate) before October 29, 1994, in order to
establish eligibility for educational assistance;

\(iv\) *High school education eligibility criterion for veterans
formerly eligible under 38 U.S.C. chapter 34 met after January 1, 1990*.
The veteran was enabled to establish eligibility by the removal of the
former eligibility requirement in 38 CFR 21.7044(a)(3) and
21.7044(b)(3), revised as of July 1, 2002, that, as one of the two ways
that certain veterans could meet the educational criteria for
establishing eligibility for educational assistance, the veteran must
before January 1, 1990, meet the requirements for a secondary school
diploma (or equivalency certificate). (Authority: 38 U.S.C. 3031 note;
secs. 102(e), 103(e), Pub. L. 106-419, 114 Stat. 1825; 1826-27)

\(f\) *Correction of military records*. A veteran may become eligible
for educational assistance as the result of a correction of military
records under 10 U.S.C. 1552, or change, correction or modification of a
discharge or dismissal under 10 U.S.C. 1553, or other corrective action
by competent military authority. When this occurs, the VA will not
provide educational assistance later than 10 years from the date his or
her dismissal or discharge was changed, corrected or modified (except as
provided in §21.7051 of this part). (Authority: 38 U.S.C. 3031(b); Pub.
L. 98-525)

\(g\) *Periods excluded.* VA will not include in computing the 10-year
period of eligibility for educational assistance under this section, any
period during which the veteran after his or her last discharge or
release from active duty:

\(1\) Was captured and held as a prisoner of war by a foreign government
or power, or

\(2\) Immediately following the veteran's release from this detention
during which he or she was hospitalized at a military, civilian or VA
medical facility. (Authority: 38 U.S.C. 3031(c); Pub. L. 98-525)

\(h\) *Time limitation for a spouse eligible for transferred
entitlement*.

\(1\) Unless the transferor dies while on active duty, the ending date
of the eligibility period for a spouse, who is eligible for transferred
entitlement under §21.7080, is the earliest of the following dates:

\(i\) The transferor's ending date of eligibility as determined under
this section;

\(ii\) The ending date the transferor specified, if the transferor
specified the period for which the transfer was effective; or

\(iii\) The effective date of the transferor's revocation of transfer of
entitlement as determined under §21.7080(g)(2).

\(2\) If the transferor dies while on active duty, the ending date of
the eligibility period for a spouse, who is eligible for transferred
entitlement under §21.7080, is the earliest of the following dates:

\(i\) The date 10 years from the transferor's date of death;

\(ii\) The ending date the transferor specified, if the transferor
specified the period for which the transfer was effective; or

\(iii\) The effective date of the transferor's revocation of transfer of
entitlement as determined under §21.7080(g)(2). (Authority: 38 U.S.C.
3020)

\(i\) *Time limitation for a child eligible for transferred
entitlement*.

\(1\) Unless the transferor dies while on active duty, the ending date
of the eligibility period for a child, who is eligible for transferred
entitlement under §21.7080 is the earliest of the following dates:

\(i\) The transferor's ending date of eligibility as determined under
this section;

\(ii\) The ending date the transferor specified, if the transferor
specified the period for which the transfer was effective;

\(iii\) The effective date of the transferor's revocation of transfer of
entitlement as determined under §21.7080(g)(2); or

\(iv\) The day the child attains age 26.

\(2\) If the transferor dies while on active duty, the ending date of
the eligibility period for a child, who is eligible for transferred
entitlement under §21.7080, is the earliest of the following dates:

\(i\) The date 10 years from the transferor's date of death;

\(ii\) The ending date the transferor specified, if the transferor
specified the period for which the transfer was effective;

\(iii\) The effective date of the transferor's revocation of transfer of
entitlement as determined under §21.7080(g)(2); or

\(iv\) The day the child attains age 26. (Authority: 38 U.S.C. 3020)

\[53 FR 1757, Jan. 22 1988, as amended at 55 FR 28384, July 11, 1990; 56
FR 20133, May 2, 1991; 57 FR 15024, April 24, 1992; 61 FR 6787, Feb. 22,
1996; 65 FR 5787, Feb. 7, 2000; 66 FR 39280, July 30, 2001; 68 FR 34330,
June 9, 2003; 71 FR 75674, Dec. 18, 2006; 73 FR 2427, Jan. 15, 2008\]

**Supplement *Highlights* references**: 23(1), 47(1), 56(3), 62(2),
71(2), 77(2).

Reserved