38 U.S.C. § 3311: Educational assistance for service in the Armed Forces commencing on or after September 11, 2001 : entitlement

Subject to subsections (d) and (e), each individual described in subsection (b) is entitled to educational assistance under this chapter. commencing on or after September 11, 2001 , serves an aggregate of at least 36 months on active duty in the Armed Forces (including service on active duty in entry level and skill training); and continues on active duty; or is discharged or released from active duty as described in subsection (c). commencing on or after September 11, 2001 , serves at least 30 continuous days on active duty in the Armed Forces; and after completion of service described in clause (i), is discharged or released from active duty in the Armed Forces for a service-connected disability or by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10 ); or commencing on or after September 11, 2001 , completes at least 30 continuous days of service described in subsection (d)(1) or (2); and after completion of service described in clause (i), is discharged or released by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10 ). commencing on or after September 11, 2001 , serves an aggregate of at least 30 months, but less than 36 months, on active duty in the Armed Forces (including service on active duty in entry level and skill training); and continues on active duty for an aggregate of less than 36 months; or before completion of service on active duty of an aggregate of 36 months, is discharged or released from active duty as described in subsection (c). commencing on or after September 11, 2001 , serves an aggregate of at least 24 months, but less than 30 months, on active duty in the Armed Forces (including service on active duty in entry level and skill training); and continues on active duty for an aggregate of less than 30 months; or before completion of service on active duty of an aggregate of 30 months, is discharged or released from active duty as described in subsection (c). commencing on or after September 11, 2001 , serves an aggregate of at least 18 months, but less than 24 months, on active duty in the Armed Forces (excluding service on active duty in entry level and skill training); and continues on active duty for an aggregate of less than 24 months; or before completion of service on active duty of an aggregate of 24 months, is discharged or released from active duty as described in subsection (c). commencing on or after September 11, 2001 , serves an aggregate of at least 6 months, but less than 18 months, on active duty in the Armed Forces (excluding service on active duty in entry level and skill training); and continues on active duty for an aggregate of less than 18 months; or before completion of service on active duty of an aggregate of 18 months, is discharged or released from active duty as described in subsection (c). commencing on or after September 11, 2001 , serves an aggregate of at least 90 days, but less than 6 months, on active duty in the Armed Forces (excluding service on active duty in entry level and skill training); and continues on active duty for an aggregate of less than 6 months; or before completion of service on active duty of an aggregate of 6 months, is discharged or released from active duty as described in subsection (c). An individual who is the child or spouse of a person who, on or after September 11, 2001 , dies in line of duty while serving on active duty as a member of the Armed Forces. An individual who is the child or spouse of a person who, on or after September 11, 2001 , dies in line of duty while serving on duty other than active duty as a member of the Armed Forces. An individual who is the child or spouse of a member of the Selected Reserve who dies on or after September 11, 2001 , while a member of the Selected Reserve from a service-connected disability. An individual who is awarded the Purple Heart for service in the Armed Forces occurring on or after September 11, 2001 , and continues to serve on active duty in the Armed Forces or is discharged or released from active duty as described in subsection (c). A discharge from active duty in the Armed Forces with an honorable discharge. A release after service on active duty in the Armed Forces characterized by the Secretary concerned as honorable service and placement on the retired list, transfer to the Fleet Reserve or Fleet Marine Corps Reserve, or placement on the temporary disability retired list. A release from active duty in the Armed Forces for further service in a reserve component of the Armed Forces, or for further service in the Space Force in a space force active status not on sustained duty under section 20105 of title 10 , after service on active duty characterized by the Secretary concerned as honorable service. a medical condition which preexisted the service of the individual as described in the applicable paragraph of subsection (b) and which the Secretary determines is not service-connected; hardship; or a physical or mental condition that was not characterized as a disability and did not result from the individual’s own willful misconduct but did interfere with the individual’s performance of duty, as determined by the Secretary concerned in accordance with regulations prescribed by the Secretary of Defense. A period of service on active duty of an officer pursuant to an agreement under section 2107(b) of title 10 . A period of service on active duty of an officer pursuant to an agreement under section 7448, 8459, or 9448 of title 10 or section 182 1 of title 14. 1 See References in Text note below. the individual’s being a minor for purposes of service in the Armed Forces; an erroneous enlistment or induction; or a defective enlistment agreement. In the event an individual entitled to educational assistance under this chapter is entitled by reason of both paragraphs (4) and (5) of subsection (b), the individual shall be treated as being entitled to educational assistance under this chapter by reason of paragraph (5) of subsection (b). Educational assistance payable by reason of paragraphs (8), (9), and (10) of subsection (b) shall be known as the “Marine Gunnery Sergeant John David Fry scholarship”. Except as provided in paragraph (3), a surviving spouse entitled to assistance under subsection (a) pursuant to paragraphs (8), (9), and (10) of subsection (b) who is also entitled to educational assistance under chapter 35 of this title may not receive assistance under both this section and such chapter, but shall make an irrevocable election (in such form and manner as the Secretary may prescribe) under which section or chapter to receive educational assistance. An election made under paragraph (2) by a spouse described in subparagraph (B) may not be treated as irrevocable if such election occurred before the date of the enactment of this paragraph. who is entitled to assistance under subsection (a) pursuant to paragraphs (8), (9), and (10) of subsection (b); and who was the spouse of a member of the Armed Forces who died during the period beginning on September 11, 2001 , and ending on December 31, 2005 . For purposes of paragraphs (8), (9), and (10) of subsection (b), the term “child” includes a married individual or an individual who is above the age of twenty-three years. The amendments made by this section [amending this section and section 3321 of this title ] shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after January 1, 2015 . For purposes of section 3311(f)(2) of title 38 , United States Code, any member of the Armed Forces who died during the period beginning on September 11, 2001 , and ending on December 31, 2005 , is deemed to have died on January 1, 2006 .” The amendment made by subsection (b) [amending this section] shall take effect on the date of the enactment of this Act [ Jan. 4, 2011 ], and shall apply with respect to discharges and releases from the Armed Forces that occur on or after that date. The amendment made by subsection (c) [amending this section] shall take effect on the date of the enactment of this Act, and shall apply with respect to individuals entering into agreements on service in the Coast Guard on or after that date.” The amendments made by this section [amending this section and sections 3313 and 3321 of this title] shall take effect on August 1, 2009 . The Secretary of Veterans Affairs shall begin making payments to individuals entitled to educational assistance by reason of paragraph (9) of section 3311(b) [now 38 U.S.C. 3311(b)(8) ] of title 38, United States Code, as added by subsection (a), by not later than August 1, 2010 . In the case of an individual entitled to educational assistance by reason of such paragraph for the period beginning on August 1, 2009 , and ending on July 31, 2010 , the Secretary shall make retroactive payments to such individual for such period by not later than August 1, 2010 .” The Secretary of Veterans Affairs shall treat an individual described in subsection (b) as a covered individual described in section 3311(b) of title 38 , United States Code. who dies from a service-connected disability during the 120-day period immediately following the day on which the person was discharged or released from duty as a member of the Armed Forces (without regard to whether such duty was active duty); and who received an honorable discharge; or whose service in the Armed Forces is characterized by the Secretary concerned as honorable service. deaths that occur before, on, or after the date of the enactment of this Act [Jan 2, 2025]; and on or after August 1, 2025 ; and before October 1, 2027 .”