View all text of Subjgrp 336 [§ 21.9620 - § 21.9700]
§ 21.9691 - Nonduplication of educational assistance—for provisions effective after July 31, 2011.
For training pursued after July 31, 2011—
(a) Nonduplication—Concurrent benefits. Except for receipt of a Montgomery GI Bill-Active Duty kicker provided under 38 U.S.C. 3015(d) or a Montgomery GI Bill-Selected Reserve kicker provided under 10 U.S.C. 16131(i),
(1) An eligible individual is barred from receiving educational assistance under 38 U.S.C. chapter 33 concurrently with educational assistance provided under—
(i) 10 U.S.C. 510 (National Call to Service);
(ii) 10 U.S.C. chapter 1606 (Montgomery GI Bill—Selected Reserve);
(iii) 10 U.S.C. chapter 1607 (Reserve Educational Assistance Program);
(iv) 10 U.S.C. chapter 106a (Section 901, Educational Assistance Test Program);
(v) 38 U.S.C. chapter 30 (Montgomery GI Bill—Active Duty);
(vi) 38 U.S.C. chapter 31 (Veteran Readiness and Employment Program);
(vii) 38 U.S.C. chapter 32 (Post-Vietnam Era Veterans' Educational Assistance);
(viii) 38 U.S.C. chapter 35 (Survivors' and Dependents' Educational Assistance); or
(ix) Hostage Relief Act of 1980.
(2) An individual who is eligible for educational assistance under more than one program listed in paragraph (a)(1) of this section must specify in writing which benefit he or she wishes to receive. The eligible individual may choose to receive payment under another educational assistance program at any time, but may not change which benefit he or she will receive more than once during a term, quarter, or semester.
(b) Nonduplication—Federal program. Payment of educational assistance is prohibited to an otherwise eligible reservist—
(1) For a unit course or courses that are being paid for entirely or partly by the Armed Forces during any period in which he or she is on active duty service; or
(2) For a unit course or courses that are being paid for entirely or partly by the United States under the Government Employees Training Act.
(c) Nonduplication—Transferred benefits and Fry Scholarship. An individual entitled to educational assistance under § 21.9520(d) and because of a transfer of entitlement under § 21.9571—
(1) May not receive educational assistance under both provisions concurrently.
(2) Must specify in writing the provision under which he or she wishes to receive benefits. The individual may request to receive benefits under either provision at any time, but may not change the provision under which he or she will receive benefits more than once during a term, quarter, or semester. Except in cases when an individual exhausts entitlement under a provision during a term, quarter, or semester, the request will be effective the beginning date of the enrollment period following the request.
(d) Nonduplication—Transferred benefits. An individual who is entitled to educational assistance based on a transfer of entitlement under § 21.9571 from more than one individual—
(i) May not receive assistance based on transfers from more than one individual concurrently.
(ii) Must specify in writing whose entitlement he or she wishes to use at any one time. The individual may request to use benefits transferred to him or her by any of the transferors at any time, but may not change whose entitlement he or she wishes to use from one individual to another more than once during a term, quarter, or semester. Except in cases when an individual exhausts his or her transferred entitlement during a term, quarter, or semester, the request will be effective the beginning date of the enrollment period following the request.
(e) Nonduplication—Fry Scholarship and compensation and pension. The commencement of a program of education based on eligibility for educational assistance under § 21.9520(d) by an eligible individual is a bar to—
(1) Subsequent payments of dependency and indemnity compensation or pension based on the death of a parent to the eligible individual when the eligible individual attains 18 years of age.
(2) Increased rates, or additional amounts, of compensation, dependency and indemnity compensation, or pension paid on account of the eligible individual.
(f) Nonduplication—Fry Scholarship. (1) An individual who is entitled to educational assistance based on the death of more than one parent under § 21.9520(d) may not receive assistance under § 21.9520(d) for the same enrollment period based on the deaths of both parents.
(2) The individual must specify in writing on which parent's death to base his or her entitlement. The individual may request to base entitlement on either parent's death at any time, but may not change on whose death he or she chooses to base entitlement more than once during a term, quarter, or semester. Except in cases where an individual exhausts entitlement that is based on one parent's death during a term, quarter, or semester, the request will be effective the beginning date of the enrollment period following the request.
(g) Nonduplication—Entitlement based on individual's active duty service. (1) An individual who is entitled to educational assistance under § 21.9520(a) or (b) and who is entitled to educational assistance under § 21.9520(d) or § 21.9571 may not receive educational assistance based on his or her own period of service and educational assistance based on someone else's service concurrently.
(2) The individual must specify in writing the provision under which he or she wishes to receive benefits. The individual may request to receive benefits under either provision at any time, but may not change the provision under which he or she will receive benefits more than once during a term, quarter, or semester. Except in cases when an individual exhausts entitlement under one provision during a term, quarter, or semester, the request will be effective the beginning date of the enrollment period following the request.
(h) Nonduplication—Eligibility based on a single event or period of service—(1) Active duty service. (i) An individual with qualifying active duty service in the Armed Forces that may be used to establish eligibility for educational assistance under 38 U.S.C. chapter 30, 32, or 33, and 10 U.S.C. chapter 1606 or 1607, must make an irrevocable election in writing specifying under which program to establish eligibility and to which program to credit service.
(ii) An individual may not request that portions of a single period of service be credited to different benefit programs. VA considers a single period of service to be one from which the individual is discharged or released, including a discharge for immediate reenlistment.
(2) Assistance based on parent's service. A child eligible for educational assistance under § 21.9520(d) and 38 U.S.C. chapter 35, based on the parent's death must make an irrevocable election in writing specifying which benefit he or she wishes to receive.
(i) Authority. (1) Paragraph (a)(1) of this section issued under the authority of 38 U.S.C. 3034(a), 3322, 3323(a), 3681; section 901, Pub. L. 96-342;
(2) Paragraph (a)(2) of this section issued under the authority of 38 U.S.C. 3034(a), 3322, 3323(a), 3681;
(3) Paragraph (b) of this section issued under the authority of 38 U.S.C. 3034(a), 3323(a), 3681;
(4) Paragraph (c) of this section issued under the authority of 38 U.S.C. 3322(e), 3323(c);
(5) Paragraph (d) of this section issued under the authority of 38 U.S.C. 3322(g), 3323(c);
(6) Paragraph (e) of this section issued under the authority of 38 U.S.C. 3322(f);
(7) Paragraph (f) of this section issued under the authority of 38 U.S.C. 501(a), 3323(c);
(8) Paragraph (g) of this section issued under the authority of 38 U.S.C. 501(a), 3323(c); and
(9) Paragraph (h) of this section issued under the authority of 38 U.S.C. 501(a), 3322(h);