1. (a) Voluntary disenrollment.

   1. (1) An individual may disenroll at anytime after the initial 12 months of participation.

   2. (2) At any time within the initial 12 months of participation, an individual may elect to disenroll for reasons of personal hardship only.

      (Authority: 38 U.S.C. 3221(a), (b))

2. (b) Nonvoluntary disenrollment. The Department of Veterans Affairs shall disenroll automatically an individual who meets any of the following sets of conditions:

   1. (1) The individual is discharged or released from his or her initial obligated period of active service and:

      1. (i) The discharge or release is under dishonorable conditions, or
      2. (ii) A statutory bar to benefits administered by the Department of Veterans Affairs exists for the individual;

   2. (2) The individual participated only after completion of the initial or subsequent period of active service; is discharged or released and:

      1. (i) The discharge or release is under dishonorable conditions, or
      2. (ii) A statutory bar to benefits exists for the individual; or

   3. (3) The individual has not utilized all of his or her entitlement to benefits within the 10-year period stated in § 21.5041, and at the end of one year thereafter has not filed a claim for educational assistance allowance as provided in § 21.5030(c).

      (Authority: 38 U.S.C. 101, 3225, 3232)

      Cross Reference: Refunds without disenrollment. See § 21.5065.

[45 FR 31, Jan. 2, 1980, as amended at 46 FR 59247, Dec. 4, 1981; 51 FR 12853, Apr. 16, 1986; 58 FR 31910, June 7, 1993; 61 FR 29030, June 7, 1996]