201 
continuous year but less than two continuous years; 
or 
‘‘(C) 80 percent in the case of a member of a re-
serve component who performed active service for two 
continuous years or more. 
‘‘(d) MAXIMUM MONTHS OF ASSISTANCE.—(1) Subject 
to section 3695 of this title, the maximum number of 
months of educational assistance that may be provided to 
any member under this subchapter is 36 (or the equivalent 
thereof in part-time educational assistance). 
‘‘(2)(A) Notwithstanding any other provision of this 
subchapter or chapter 36 of this title, any payment of an 
educational assistance allowance described in subparagraph 
(B) shall not— 
‘‘(i) be charged against the entitlement of any 
individual under this subchapter; or 
‘‘(ii) be counted toward the aggregate period for 
which section 3695 of this title limits an individual’s 
receipt of assistance. 
‘‘(B) The payment of the educational assistance allow-
ance referred to in subparagraph (A) is the payment of such 
an allowance to the individual for pursuit of a course or 
courses under this subchapter if the Secretary of Veterans 
Affairs finds that the individual— 
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202 
‘‘(i) had to discontinue such course pursuit as a 
result of being ordered to serve on active duty under 
section 12301(a), 12301(d), 12301(g), 12302, or 
12304 of title 10; and 
‘‘(ii) failed to receive credit or training time to-
ward completion of the individual’s approved edu-
cational, professional, or vocational objective as a re-
sult of having to discontinue, as described in clause 
(i), the individual’s course pursuit. 
‘‘(C) The period for which, by reason of this subsection, 
an educational assistance allowance is not charged against 
entitlement or counted toward the applicable aggregate pe-
riod under section 3695 of this title shall not exceed the 
portion of the period of enrollment in the course or courses 
for which the individual failed to receive credit or with re-
spect to which the individual lost training time, as deter-
mined under subparagraph (B)(ii). 
‘‘(e) AVAILABILITY OF ASSISTANCE FOR LICENSING 
AND CERTIFICATION TESTS.—The provisions of section 
3301(j) of this title shall apply to the provision of edu-
cational assistance under this subchapter, except that, in 
applying such section under this subchapter, the reference 
to subsection (b) in paragraph (2) of such section is deemed 
to be a reference to subsection (c) of this section. 
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203 
‘‘(f) FLIGHT TRAINING.—The Secretary of Veterans Af-
fairs may approve the pursuit of flight training (in addi-
tion to a course of flight training that may be approved 
under section 3680A(b) of this title) by an individual enti-
tled to educational assistance under this subchapter if— 
‘‘(1) such training is generally accepted as nec-
essary for the attainment of a recognized vocational 
objective in the field of aviation; 
‘‘(2) the individual possesses a valid private 
pilot certificate and meets, on the day the member be-
gins a course of flight training, the medical require-
ments necessary for a commercial pilot certificate; 
and 
‘‘(3) the flight school courses meet Federal Avia-
tion Administration standards for such courses and 
are approved by the Federal Aviation Administration 
and the State approving agency. 
‘‘§ 3323. Eligibility for educational assistance 
‘‘(a) ELIGIBILITY.—On or after September 11, 2001, 
a member of a reserve component is entitled to educational 
assistance under this subchapter if the member— 
‘‘(1) served on active duty in support of a con-
tingency operation for 90 consecutive days or more; 
or 
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204 
‘‘(2) in the case of a member of the Army Na-
tional Guard of the United States or Air National 
Guard of the United States, performed full time Na-
tional Guard duty under section 502(f) of title 32 for 
90 consecutive days or more when authorized by the 
President or Secretary of Defense for the purpose of 
responding to a national emergency declared by the 
President and supported by Federal funds. 
‘‘(b) DISABLED MEMBERS.—Notwithstanding the eli-
gibility requirements in subsection (a), a member who was 
ordered to active service as prescribed under subsection 
(a)(1) or (a)(2) but is released from duty before completing 
90 consecutive days because of an injury, illness or disease 
incurred or aggravated in the line of duty shall be entitled 
to educational assistance under this subchapter at the rate 
prescribed in section 3322(c)(4)(A) of this title. 
‘‘(c) WRITTEN NOTIFICATION.—(1) Each member who 
becomes entitled to educational assistance under subsection 
(a) shall be given a statement in writing prior to release 
from active service that summarizes the provisions of this 
subchapter and stating clearly and prominently the sub-
stance of section 3325 of this title as such section may apply 
to the member. 
‘‘(2) At the request of the Secretary of Veterans Affairs, 
the Secretary of the military department concerned shall 
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transmit a notice of entitlement for each such member to 
that Secretary. 
‘‘(d) BAR FROM DUAL ELIGIBILITY.—A member who 
qualifies for educational assistance under this subchapter 
may not receive credit for such service under both the pro-
gram established by chapter 30 of this title and the program 
established by this subchapter but shall make an irrevocable 
election (in such form and manner as the Secretary of Vet-
erans Affairs may prescribe) as to the program to which 
such service is to be credited. 
‘‘(e) BAR FROM DUPLICATION OF EDUCATIONAL AS-
SISTANCE ALLOWANCE.—(1) Except as provided in para-
graph (2), an individual entitled to educational assistance 
under this subchapter who is also eligible for educational 
assistance under subchapter I of this chapter, chapter 30, 
31, 32, or 35 of this title, or under the Hostage Relief Act 
of 1980 (Public Law 96-449; 5 U.S.C. 5561 note) may not 
receive assistance under more than one such programs and 
shall elect (in such form and manner as the Secretary of 
Veterans Affairs may prescribe) under which program the 
member elects to receive educational assistance. 
‘‘(2) The restriction on duplication of educational as-
sistance under paragraph (1) does not apply to the entitle-
ment of educational assistance under section 3301(i) of this 
title. 
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‘‘§ 3324. Time limit for use of entitlement 
‘‘(a) DURATION OF ENTITLEMENT.—Except as pro-
vided in subsection (b), a member remains entitled to edu-
cational assistance under this subchapter while serving— 
‘‘(1) in the Selected Reserve of the Ready Re-
serve, in the case of a member called or ordered to ac-
tive service while serving in the Selected Reserve; or 
‘‘(2) in the Ready Reserve, in the case of a mem-
ber ordered to active duty while serving in the Ready 
Reserve (other than the Selected Reserve). 
‘‘(b) DURATION
OF ENTITLEMENT
FOR DISABLED 
MEMBERS.—(1) In the case of a person who is separated 
from the Ready Reserve because of a disability which was 
not the result of the individual’s own willful misconduct 
incurred on or after the date on which such person became 
entitled to educational assistance under this subchapter, 
such person’s entitlement to educational assistance expires 
at the end of the 10-year period beginning on the date on 
which such person became entitled to such assistance. 
‘‘(2) The provisions of subsections (d) and (f) of section 
3031 of this title shall apply to the period of entitlement 
prescribed by paragraph (1). 
‘‘§ 3325. Termination of assistance 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), educational assistance may not be provided under this 
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