---
kind: "section"
citation: "38 U.S.C. § 3691A"
title: "38"
title_heading: "Veterans’ Benefits"
number: "3691A"
heading: "Withdrawal or leave of absence from certain education"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/3691A"
units:
  - "Part III — Readjustment and Related Benefits"
  - "Chapter 36 — Administration of Educational Benefits"
  - "Subchapter III — Miscellaneous Provisions"
---

# §3691A. Withdrawal or leave of absence from certain education

- (a) **In General.—**
  - (1) A covered member may, after receiving orders to enter a period of covered service, withdraw or take a leave of absence from covered education.
  - (2)
    - (A) The institution concerned may not take any adverse action against a covered member on the basis that such covered member withdraws or takes a leave of absence under [paragraph (1)](#a-1).
    - (B) Adverse actions under [subparagraph (A)](#a-2-A) include the following:
      - (i) The assignment of a failing grade to a covered member for covered education.
      - (ii) The reduction of the grade point average of a covered member for covered education.
      - (iii) The characterization of any absence of a covered member from covered education as unexcused.
      - (iv) The assessment of any financial penalty against a covered member.
- (b) **Withdrawal.—** If a covered member withdraws from covered education under [subsection (a)](#a), the institution concerned shall refund all tuition and fees (including payments for housing) for the academic term from which the covered member withdraws.
- (c) **Leave of Absence.—** If a covered member takes a leave of absence from covered education under [subsection (a)](#a), the institution concerned shall—
  - (1) assign a grade of “incomplete” (or equivalent) to the covered member for covered education for the academic term from which the covered member takes such leave of absence; and
  - (2) to the extent practicable, permit the covered member, upon completion of the period covered service, to complete such academic term.
- (d) **Definitions.—** In this section:
  - (1) The term “covered education” means a course of education—
    - (A) at an institution of higher education; and
    - (B) paid for with educational assistance furnished under a law administered by the [Secretary](/usc/38/4101.md?p=8).
  - (2) The term “covered member” means a member of the [Armed Forces](/usc/38/101.md?p=10) (including the [reserve components](/usc/38/101.md?p=27)) enrolled in covered education.
  - (3) The term “covered service” means—
    - (A) active service or inactive-duty training, as such terms are defined in [section 101 of title 10](/usc/10/101.md); or
    - (B) [State active duty](/usc/38/4303.md?p=15), as defined in [section 4303 of this title](/usc/38/4303.md).
  - (4) The term “institution concerned” means, with respect to a covered member, the institution of higher education where the covered member is enrolled in covered education.
  - (5) The term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965 ([20 U.S.C. 1001](/usc/20/1001.md)).
  - (6) The term “period of covered service” means the period beginning on the date on which a covered member enters covered service and ending on the date on which the covered member is released from covered service or dies while in covered service.

## Source credit

(Added Pub. L. 117–328, div. U, title II, § 216(a), Dec. 29, 2022, 136 Stat. 5455.)