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VA General Counsel Precedent Opinions |
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PREC 10-92 Entitlement to Chapter 30 Benefits
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PREC 10-92 Entitlement to Chapter 30 Benefits Citation: Vet. Aff. Op. Gen. Couns. Prec. 10-92, VAOPGCPREC 10-92, 1992 ISSUE:
May an individual who, due to reenlistment or extension, is not discharged upon completion of his or her initial obligated period of active duty, but remains on active duty and, thereafter, is discharged with other than an "honorable" discharge be eligible for chapter 30 Montgomery GI Bill benefits under section 3011(a) of that chapter where the Secretary of the military department
concerned characterizes the individual's service during the initial obligated period as "honorable"?
HELD:
a. To establish entitlement to chapter 30 Montgomery GI Bill education benefits based on active-duty service pursuant to 38 U.S.C. § 3011, an individual, following his or her completion of the requisite initial obligated period of active duty, must meet the pertinent service status criteria set forth in section 3011(a)(3) of that chapter. That is, the individual must either continue on active duty; be discharged therefrom with an honorable discharge; or be released from active duty characterized as honorable by the military department concerned under the specific circumstances described in subclause (C) or (D) of section 3011(a)(3).
b. The term "discharge or release," as defined for title 38 purposes by section 101(18) of that title, is not found in section 3011(a)(3). Consequently, VA's authority to administratively consider an individual to have been discharged
from his or her obligated period of active-duty service and decide the character of that service, as derived from the circumstances described in section 101(18)(B), does not extend to chapter 30 determinations.
c. Section 3011(a)(3) sets forth categorical requirements that are plain and unambiguous on their face, providing no need nor basis for administrative interpretation. Such provisions exclusively govern determinations of an individual's service completion status for purposes of establishing entitlement to
chapter 30 education benefits based on active-duty service under section 3011.
d. An individual who completes his or her initial obligated period of active duty but, due to extension of service or reenlistment, does not at that time receive a discharge from such period by the military department concerned and who, thereafter, is discharged with other than an "honorable" discharge does not
meet the discharge requirement of section 3011(a)(3)(B) for entitlement to chapter 30 education benefits. This is so, notwithstanding extrinsic evidence that indicates the veteran completed, though without honorable discharge, his or her initial obligated active-duty period and that the individual's performance of that duty during such period was characterized by the military department concerned as "honorable."
VETERANS ADMINISTRATION GENERAL COUNSEL
Vet. Aff. Op. Gen. Couns. Prec. 10-92
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