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VA General Counsel Precedent Opinions
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PREC 9-01 Correct Delimiting Date

PREC 9-01   Correct Delimiting Date      Citation: Vet. Aff. Op. Gen. Couns. Prec. 9-01,  VAOPGCPREC 9-01, 2001  

QUESTION:

 

If an individual has multiple periods of active duty military service, but the last such period does not culminate with an "honorable" discharge, when does the individual’s ten year period of eligibility to receive benefits under the Montgomery GI Bill – Active Duty end?

CONCLUSION:

 

In the basic case, an individual who is awarded an "honorable" discharge upon completion of the minimum period of active duty required for MGIB benefits entitlement under 38 U.S.C. § 3011 may use those benefits within 10 years after the date of such discharge. If that individual subsequently serves one or more additional periods of active duty (generally, of not less than 90 days), then the individual would have 10 years from the date of the individual’s last discharge from active duty within which to use his or her MGIB benefits. Provision of such later delimiting period is not conditioned upon the individual’s having been awarded an "honorable" discharge from his or her last period of active duty.

38 U.S.C. § 3031(a) and (g).



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