12 2 STA T . 2 36 2 PUBLIC LA W 11 0– 2 5 2 —J U NE 30 , 200 8ani n d i v id u a l’se n t itle m ent t o edu c ational assistance unde r t h is cha p ter is b ased
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‘ (1)A period o f service on active dut y of an officer pursuant toana g reement under section 2 1 07 (b) of title 10 . ‘‘(2) A period of service on active duty of an officer pursuant to an agreement under section 43 4 8,695 9, or 9348 of title 10. ‘‘(3) A period of service that is terminated because of a defective enlistment and induction based on — ‘‘(A) the individual’s being a minor for purposes of service in the Armed F orces
‘‘( B ) an erroneous enlistment or induction; or ‘‘( C ) a defective enlistment agreement. ‘‘(e) TREATM E N T OFI N DIV ID U A LSE NTITLED U NDER M ULTI P LE P ROVISIONS.—In the event an individual entitled to educational assistance under this chapter is entitled by reason of both para - graphs (4) and (5) of subsection (b), the individual shall be treated as being entitled to educational assistance under this chapter by reason of paragraph (5) of subsection (b). ‘ ‘ §3 3 12.Education a l a s sistanc e: du r ation ‘‘(a) IN G ENERAL.— S ub j ect to section 3695 and e x cept as pro- vided in subsections (b) and (c), an individual entitled to educational assistance under this chapter is entitled to a number of months of educational assistance under section 3313 e q ual to 36 months. ‘‘(b) CONTINUIN GR E C EIPT.—The receipt of educational assist- ance under section 3313 by an individual entitled to educational assistance under this chapter is subject to the provisions of section 3321(b)(2). ‘‘(c) D ISCONTINUATION OF EDUCATION FOR ACTIVE DUT Y .— ‘‘(1) IN GENERAL.—Any payment of educational assistance described in paragraph (2) shall not— ‘‘(A) be charged against any entitlement to educational assistance of the individual concerned under this chapter; or ‘‘(B) be counted against the aggregate period for w hich section 3695 limits the individual’s receipt of educational assistance under this chapter. ‘‘(2) DESCRIPTION OF PAYMENT OF EDUCATIONAL ASSIST- ANCE.—Subject to paragraph (3), the payment of educational assistance described in this paragraph is the payment of such assistance to an individual for pursuit of a course or courses under this chapter if the Secretary finds that the individual— ‘‘(A)(i) in the case of an individual not serving on active duty, had to discontinue such course pursuit as a result of being called or ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10; or ‘‘(ii) in the case of an individual serving on active duty, had to discontinue such course pursuit as a result of being ordered to a new duty location or assignment or to perform an increased amount of wor k
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‘‘(B) failed to receive credit or lost training time toward completion of the individual’s approved education, profes- sional, or vocational objective as a result of having to discontinue, as described in subparagraph (A), the individ- ual’s course pursuit.
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