§ 21.9530 Eligibility time limit.

(a) Except as provided in paragraphs (b) through (f) of this section, an individual's period of eligibility for educational assistance will terminate effective 15 years from the date of the last discharge or release from active duty of at least—

(1) 90 continuous days; or

(2) 30 continuous days if the individual is released for a service-connected disability.

(b) In the case of an individual who establishes eligibility and does not meet one of the service requirements specified in paragraph (a) of this section, the individual's period of eligibility for educational assistance will terminate effective 15 years from the date of discharge for the last period of service used to meet the minimum service requirements for eligibility as stated in § 21.9520.

(c)

Amendment of military records.

If an individual's eligibility for educational assistance is established as a result of a correction of military records under 10 U.S.C. 1552, a change, correction, or modification of a discharge or dismissal under 10 U.S.C. 1553, or other corrective action by a competent military authority, the individual's period of eligibility will terminate effective 15 years from the date of the change, correction, modification, or other corrective action.

(d)

Time limit for spouse using transferred entitlement.

(1) Unless the transferor dies while on active duty, the ending date of the spouse's period of eligibility for entitlement transferred under § 21.9570 is the earliest of the following—

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

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

(iii) The effective date of the transferor's revocation of transferred entitlement as determined under § 21.9570(f).

(2) If the transferor dies while on active duty, the ending date of the spouse's period of eligibility is the earliest of the following—

er this section;

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

(iii) The effective date of the transferor's revocation of transferred entitlement as determined under § 21.9570(f).

(2) If the transferor dies while on active duty, the ending date of the spouse's period of eligibility is the earliest of the following—

(i) The date 15 years from the transferor's date of death;

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

(iii) The effective date of the transferor's revocation of transferred entitlement as determined under § 21.9570(f).

(e)

Time limit for child using transferred entitlement.

(1) The ending date of the child's period of eligibility for entitlement transferred under § 21.9570 is the earliest of the following—

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

(ii) The effective date of the transferor's revocation of transferred entitlement as determined under § 21.9570(f); or

(iii) The day the child turns 26.

(2) [Reserved]

(f)

Time limit for child eligible under § 21.9520(d) (Marine Gunnery Sergeant John David Fry Scholarship).

(1) In the case of a child who first becomes entitled to educational assistance under § 21.9520(d) before January 1, 2013, the period during which the child may use his or her entitlement expires the day the child turns 33; or

(2) In the case of a child who first becomes entitled to educational assistance under § 21.9520(d) on or after January 1, 2013, the period during which the child may use his or her entitlement never expires.

st becomes entitled to educational assistance under § 21.9520(d) before January 1, 2013, the period during which the child may use his or her entitlement expires the day the child turns 33; or

(2) In the case of a child who first becomes entitled to educational assistance under § 21.9520(d) on or after January 1, 2013, the period during which the child may use his or her entitlement never expires.

(g)

Authority.

(1) Paragraphs (a) through (c) of this section issued under the authority of 38 U.S.C. 3311(c), 3321;

(2) Paragraph (d) of this section issued under the authority of 38 U.S.C. 3319;

(3) Paragraph (e) of this section issued under the authority of 38 U.S.C. 3319; and

(4) Paragraph (f) of this section issued under the authority of 38 U.S.C. 3321(b).

(The Office of Management and Budget has approved the information collection provision in this section under control number 2900-0098)

[74 FR 14671, Mar. 31, 2009, as amended at 90 FR 5337, Jan. 16, 2025]