Post-9/11 Veterans Education Fairness Act

“(b) Eligible individuals—An individual referred to in subsection (a) is an individual who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, meets any of the following:

“(1) With respect to a member of the uniformed services, has completed at least—

“(A) six years of service in the Armed Forces and enters into an agreement to serve at least four more years as a member of the uniformed services; or

“(B) the years of service as determined in regulations pursuant to subsection (j).

“(2) With respect to a former member who is entitled to retired pay by reason of service in the uniformed services (or would be so entitled but for the fact that the member has not attained a certain age), is entitled to educational assistance under this chapter by reason of paragraph (1) or (2) of section 3311(b) of this title.

“(3) With respect to a former member of a reserve component, is entitled to educational assistance under this chapter by reason of paragraph (1) or (2) of section 3311(b) of this title.”

“(1) Time for Transfer

“(A) Members—Subject to the time limitation for use of entitlement under section 3321, an individual described in subsection (b)(1) who is approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the Armed Forces when the transfer is executed.

“(B) Former members—Subject to the time limitation for use of entitlement under section 3321, an individual described in paragraph (2) or (3) of subsection (b) who is approved to transfer entitlement to educational assistance under this section may transfer such entitlement only during the 15-year period beginning on the date of the last discharge or release of the individual from the uniformed services.”