[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]
BILLING CODE 8320-01-P
