[Federal Register Volume 59, Number 89 (Tuesday, May 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11147]


[[Page Unknown]]

[Federal Register: May 10, 1994]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AG59

 

Veterans Education; Clarification of Eligibility Requirements for 
the Montgomery GI Bill--Active Duty

AGENCY: Department of Veterans Affairs.

ACTION: Final rules.

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SUMMARY: Generally, someone who receives a commission upon graduating 
from a service academy or who receives a commission upon completion of 
a program of educational assistance under the Reserve Officers Training 
Corps Scholarship Program is not eligible for educational assistance 
under the Montgomery GI Bill--Active Duty. However, this does not apply 
to those who already had established entitlement under this program 
before being commissioned. These amended regulations will make this 
policy clear to the public.

EFFECTIVE DATE: July 1, 1985.

FOR FURTHER INFORMATION CONTACT: June C. Schaeffer (225), Assistant 
Director for Policy and Program Administration, Education Service, 
Veterans Benefits Administration, Department of Veterans Affairs, 810 
Vermont Avenue, NW., Washington, DC 20420, 202-233-2092.

SUPPLEMENTARY INFORMATION: On pages 50873 through 50875 of the Federal 
Register of September 29, 1993, there was published a Notice of Intent 
to amend 38 CFR part 21 in order to clarify certain eligibility 
requirements for the Montgomery GI Bill--Active Duty. Interested people 
were given 30 days to submit comments, suggestions or objections. VA 
received no comments, suggestions or objections. Accordingly, VA is 
making the regulations final.
    Generally, someone who, after December 31, 1976, receives a 
commission upon graduating from a service academy or who receives a 
commission upon completion of a program of educational assistance under 
the Reserve Officers Training Corps Scholarship Program is not eligible 
for educational assistance under the Montgomery GI Bill--Active Duty. 
However, this does not apply to those who already had established 
entitlement under this program before being commissioned.
    For example, there have been instances where someone established 
entitlement under the Montgomery GI Bill--Active Duty by entering 
active duty as an enlisted person after June 30, 1985; having his or 
her pay reduced by $1200; and serving for at least two years. Then the 
servicemember was chosen to attend a service academy. Upon graduation 
from the academy the individual sought educational assistance under the 
Montgomery GI Bill--Active Duty. By amending the appropriate 
regulations it will be clear that these individuals maintain their 
eligibility for educational assistance.
    The Secretary of Veterans Affairs has certified that these amended 
regulations will not have a significant economic impact on a 
substantial number of small entities as they are defined in the 
Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612. Pursuant to 5 
U.S.C. 605(b), the amended regulations, therefore, are exempt from the 
initial and final regulatory flexibility analyses requirements of 
sections 603 and 604.
    This certification can be made because the amended regulations 
directly affect only individuals. They will have no significant 
economic impact on small entities, i.e., small businesses, small 
private and nonprofit organizations and small governmental 
jurisdictions.
    The Department of Veterans Affairs finds that good cause exists for 
making the amendments to Secs. 21.7042 and 21.7044, like the provisions 
of law they implement, retroactively effective on July 1, 1985.
    It is necessary to make the effective date of the regulations July 
1, 1985. That date is the first date anyone could qualify for 
educational assistance under the Montgomery GI Bill--Active Duty. An 
effective date of July 1, 1985, will ensure that everyone who has filed 
a claim in the past and to whom these regulations apply would qualify 
for educational assistance.

    The Catalog of Federal Domestic Assistance number for the 
program affected by these amended regulations is 64.124.

List of Subjects in 38 CFR Part 21

    Civil rights, Claims, Education, Grant programs-education, Loan 
programs-education, Reporting and recordkeeping requirements, Schools, 
Veterans, Vocational education, Vocational rehabilitation.

    Approved: April 28, 1994.
Jesse Brown,
Secretary of Veterans Affairs.
    For the reasons set out in the preamble, 38 CFR part 21, subpart K 
is amended as set forth below.

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart K--All Volunteer Force Educational Assistance Program (New 
GI Bill)

    1. The authority citation for part 21, subpart K continues to read 
as follows:

    Authority: 38 U.S.C. chapter 30, Pub. L. 98-525; 38 U.S.C. 
501(a).

    2. Section 21.7042 is amended by revising the introductory text in 
paragraph (f)(2) and adding paragraph (f)(3) and its authority citation 
to read as follows:


Sec. 21.7042   Basic eligibility requirements.

* * * * *
    (f) Restrictions on establishing eligibility. * * *
    (2) Except as provided in paragraph (f)(3) of this section, an 
individual is not eligible for educational assistance under 38 U.S.C. 
ch. 30, if after December 31, 1976, he or she receives a commission as 
an officer in the Armed Forces upon--
* * * * *
    (3) Paragraph (f)(2) of this section does not apply to a veteran 
who has met the requirements for educational assistance under paragraph 
(a), (b) or (c) of this section before receiving a commission in the 
Armed Forces upon graduation from the United States Military Academy, 
the United States Naval Academy, the United States Air Force Academy, 
the Coast Guard Academy; or upon completion of a program of educational 
assistance under 10 U.S.C. 2107 (the Reserve Officers Training Corps 
Scholarship Program).

(Authority: 38 U.S.C. 3011, 3012, 3018)
* * * * *
    3. Section 21.7044 is amended by revising paragraph (d), 
introductory text, and adding paragraph (e) and its authority citation 
to read as follows:


Sec. 21.7044   Persons with 38 U.S.C. ch. 34 eligibility.

* * * * *
    (d) Restrictions on establishing eligibility. Except as provided in 
paragraph (e) of this section, an individual, who would otherwise be 
eligible for educational assistance under paragraphs (a) or (b) of this 
section, is not eligible for educational assistance under 38 U.S.C. ch. 
30, if after December 31, 1976, he or she receives a commission as an 
officer in the Armed Forces--
* * * * *
    (e) Exception to restrictions on establishing eligibility. 
Paragraph (d) of this section does not apply to a veteran who has met 
the requirements for educational assistance under paragraph (a) or (b) 
of this section before receiving a commission as an officer in the 
Armed Forces upon graduation from the United States Military Academy, 
the United States Naval Academy, the United States Air Force Academy, 
or the Coast Guard Academy; or upon completion of a program of 
educational assistance under 10 U.S.C. 2107 (the Reserve Officers 
Training Corps Scholarship Program).

(Authority: 38 U.S.C. 3011, 3012, 3018)

[FR Doc. 94-11147 Filed 5-9-94; 8:45 am]
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