Veterans Benefits

Does the GI Bill Expire? The Deadline for Chapter 33, 30, 1606 and 35, and the $1,200 You Can Still Lose (October 2026)

The bottom line up front

  • 1.The Post-9/11 GI Bill "shall not expire" if your last discharge was on or after January 1, 2013 (38 U.S.C. 3321(a)(2)); before that date it expires 15 years after discharge.
  • 2.Chapter 30 expires 10 years after your last discharge, Chapter 1606 on separation from the Selected Reserve, and Chapter 35 for a child at 26, unless the child first became eligible or turned 18 on or after August 1, 2023.
  • 3.At FY2027 rates (from October 1, 2026), 36 full-time months are worth $93,636.00 under Chapter 30, $58,356.00 under Chapter 35 and $18,288.00 under Chapter 1606.
  • 4.The $1,200 Montgomery buy-in costs an E-1 15.0 days of basic pay and an E-4 11.5 days. VA returns it only through the Post-9/11 GI Bill, with the last housing payment, after the entitlement is used up.
  • 5.Chapter 30 takes new members only through September 30, 2030. S. 972, which would pay the $1,200 within 60 days of exhaustion without the housing-payment condition, is on the Senate calendar and is not law.

If your last discharge from active duty came on or after January 1, 2013, your Post-9/11 GI Bill "shall not expire." Those are the words of 38 U.S.C. 3321(a)(2), added by the Forever GI Bill in 2017. The other GI Bill chapters still run on clocks. The Montgomery GI Bill for active duty (Chapter 30) ends 10 years after your last discharge. Chapter 1606 ends the day you leave the Selected Reserve. A child on Chapter 35, or on a Post-9/11 benefit a parent transferred, generally has to finish by age 26. All of that is settled law, and new Chapter 30, 1606 and 35 rates took effect October 1, 2026. What is not settled is S. 972, which would change how the $1,200 Montgomery buy-in comes back. It has been on the Senate calendar since December 9, 2025.

Status as of October 13, 2026

Settled: every deadline in this article is current statute, and VA's FY2027 rates for Chapters 30, 1606 and 35 run from October 1, 2026 to September 30, 2027. Pending: S. 972 and H.R. 1872, the Fairness in Veterans' Education Act. The Senate bill was reported by the Veterans' Affairs Committee and placed on the calendar as No. 288 on December 9, 2025. The House bill has not moved since a subcommittee forwarded it on April 9, 2025. Neither is law, and nothing in either bill changes a deadline.

The clock on each chapter, and what 36 months pays at today's rate

Each chapter pays up to 36 months of full-time school. The last column multiplies the full-time monthly rate VA published for the current year by 36. That is the money at stake if the clock runs out on an unused benefit. The Post-9/11 row uses the 2026 BAH for an E-5 with dependents in San Antonio (TX285), $1,869.00, from the DTMO table in our BAH rates tool. The statute bases the housing payment on that rate at the school's location, and VA pays the tuition to the school on top of it.

Chapter and who uses it

Chapter and who uses itWhen the clock stopsFull-time monthly rate36 months at that rate
Chapter 33, Post-9/11, last discharge on or after January 1, 2013Never: "shall not expire" (38 U.S.C. 3321(a)(2))$1,869.00 housing in San Antonio, 100 percent tier, plus tuition$67,284.00 in housing alone
Chapter 33, Post-9/11, last discharge before January 1, 201315 years after that discharge (3321(a)(1))Same as aboveSame as above
Chapter 30, Montgomery GI Bill, active duty (3-year rate)10 years after your last discharge (3031(a))$2,601.00$93,636.00
Chapter 1606, Montgomery GI Bill, Selected ReserveThe date you separate from the Selected Reserve (10 U.S.C. 16133(a))$508.00$18,288.00
Chapter 35, DEA, child26th birthday, with no age limit if first eligible, or turning 18, on or after August 1, 2023 (3512(a), (g))$1,621.00$58,356.00
Chapter 35, DEA, spouse10 years from the eligibility date, or 20 years if the total and permanent rating came within 3 years of discharge (3512(b))$1,621.00$58,356.00
Post-9/11 transferred to a childAge 26; the 15-year limit does not apply (3319(h)(5)(A))Housing at the school's rateUp to 36 months transferred

The Chapter 30 clock can stop. Under 38 U.S.C. 3031 it pauses while a disability keeps you out of school, during detention by a foreign power, and while a school is closed by an emergency. If it runs out in the middle of a term, it extends to the end of that term. Chapter 35 children who first enrolled before August 1, 2018 keep 45 months instead of 36 (3511(a)(1)). The full chapter-by-chapter rate tables, current and prior year, are on our GI Bill guide.

Chapter 30 closes to new members after September 30, 2030

The Montgomery GI Bill still enrolls new members automatically. Since Public Law 116-315 (January 5, 2021), 38 U.S.C. 3011(a)(1)(A) has covered only people who first join or enter active duty "during the period beginning July 1, 1985, and ending September 30, 2030." The same law moved the decision point, effective January 5, 2023. The opt-out is now made in the 90 days that begin 180 days after you enter initial training. If you stay in, basic pay is "reduced by $100 for each of the first 12 months" that begin 270 days after that date. For a new Airman, the first $100 shows on the LES around the tenth month after initial training begins. Our LES auditor has a line for it.

What the $1,200 buy-in costs by grade

The deduction comes out at whatever grade you hold in months 10 to 21. That is why it hits an E-1 harder than an E-4. Months 10 to 21 fall inside your first two years of service, so the table uses the "2 years or less" column. Monthly basic pay is the 2026 DFAS table in our basic pay calculator. A day of pay is the monthly rate divided by 30.

Grade during the deduction year2026 monthly basic pay$100 as a share of basic payThe $1,200 in days of basic pay
E-1, 4 months or more$2,407.204.15%15.0 days
E-2$2,697.903.71%13.3 days
E-3, 2 years or less$2,836.803.53%12.7 days
E-4, 2 years or less$3,142.203.18%11.5 days

Used in full at the FY2027 rate, the Chapter 30 benefit pays $93,636.00 for that $1,200, 78 times the buy-in. Left unused past the 10-year mark, it pays nothing. VA's refund page lists only one route back to the money, and it runs through the Post-9/11 GI Bill.

Getting the $1,200 back, and the bill that would change how

VA returns the buy-in only if all of these are true. You paid it. You chose the Post-9/11 GI Bill while you still had unused Montgomery months. You used all of your Post-9/11 entitlement. And you "were receiving a Post-9/11 GI Bill monthly housing allowance on the day your entitlement ended." The amount is your unused Montgomery months at the switch divided by 36, times $1,200. VA's own example is 20.5 months, which comes to $683.33. It is added to your last housing payment, and you do not apply for it. The $600 Buy-Up "isn't refundable." The switch itself is permanent: "An election under subsection (a) or (c)(1) is irrevocable" (38 U.S.C. 3327(i)).

S. 972, sponsored by Senator Jim Banks with Senators Ruben Gallego and John Cornyn, would end the tie to the housing payment. The committee text pays the amount "not later than 60 days after" the entitlement is used up. It adds a lump sum for anyone "not eligible for a monthly stipend," and it would take effect retroactively to August 1, 2025. The sponsors' release puts the number who paid the $1,200 and then used the Post-9/11 GI Bill while on active duty at roughly 25,000. Until a version passes both chambers, VA's current rule controls.

Worked example

An Airman who enlisted in 2015, kept the Montgomery GI Bill and separated on August 31, 2021 after six years of active duty

Montgomery buy-in withheld in the first year$1,200.00
Post-9/11 tier for six years of active duty after September 10, 2001100 percent
Post-9/11 deadline (last discharge after January 1, 2013)None
Chapter 30 deadline (10 years after last discharge)August 31, 2031
Option A: Chapter 30, 36 months at the FY2027 rate of $2,601.00$93,636.00, paid to the veteran
Option B: Post-9/11 at a public school in San Antonio, housing for 36 months at $1,869.00$67,284.00, plus in-state tuition paid to the school and up to $1,000 a year for books
Option B: buy-in returned with the last housing payment, all 36 Montgomery months unused at the switch$1,200.00
The only deadline in this fileAugust 31, 2031 (Chapter 30)

Option B is an election under 38 U.S.C. 3327, made while the Chapter 30 months are still unused. Chapter 30 rates change every October 1 and Post-9/11 housing follows the BAH table, so the totals hold only at today's rates. Tuition at an expensive school can make Option B worth far more than Option A. Run both with your own school on the GI Bill guide before you elect, because the election cannot be undone.

Children, spouses and the age-26 line

For Chapter 35, Public Law 117-328 (December 29, 2022) added 38 U.S.C. 3512(g). It lets a child who first becomes eligible on or after August 1, 2023 use DEA "without regard to the age of the person." The same applies to a child who was eligible earlier but turns 18 or finishes high school on or after that date. Everyone else is still bound by the 18th-to-26th-birthday window in 3512(a).

A transferred Post-9/11 benefit has stricter rules. The transfer must be made "only while serving as a member of the Armed Forces" (3319(f)(1)). It requires "six years of service" and an agreement "to serve at least four more years" (3319(b)(1)), and it covers no more than 36 months (3319(d)). A child can start only after you have served 10 years, per VA's transfer page, and cannot use the benefit "after attaining the age of 26 years" (3319(h)(5)(A)). A spouse follows your own clock: no limit if you separated on or after January 1, 2013, and 15 years after separation if you left earlier. If you might stay past your current commitment, compare transferring with Tuition Assistance, which costs no GI Bill months, before you sign the extra four years.

Rates and verification

Chapter 30, 1606 and 35 rates are VA's FY2027 rates (October 1, 2026 to September 30, 2027). Basic pay and BAH are the FY2026 DFAS and DTMO tables effective January 1, 2026. Your own entitlement, months remaining and refund amount are set by VA. Confirm them with the VA Education Call Center at 888-442-4551, and confirm any pay deduction with your finance office, before you elect a chapter or let a deadline pass.

Sources

  • 38 U.S.C. 3321, Time limitation for use of eligibility and entitlement: (a)(1) entitlement for an individual whose last discharge was before January 1, 2013 "expires at the end of the 15-year period beginning on the date of such discharge or release"; (a)(2) on or after January 1, 2013 "shall not expire"; amended by Pub. L. 115-48, section 112, August 16, 2017 (https://www.law.cornell.edu/uscode/text/38/3321)
  • 38 U.S.C. 3031, Time limitation for use of eligibility and entitlement (Chapter 30): entitlement "expires at the end of the 10-year period beginning on the date of such individual's last discharge or release from active duty"; pauses for discharge upgrades, foreign detention, disability and emergency school closures; extension to the end of a term (https://www.law.cornell.edu/uscode/text/38/3031)
  • 38 U.S.C. 3011, Basic educational assistance entitlement for service on active duty: (a)(1)(A) members who first enter "during the period beginning July 1, 1985, and ending September 30, 2030" (Pub. L. 116-315, section 1004, January 5, 2021); (b)(1) basic pay "shall be reduced by $100 for each of the first 12 months that begin after the date that is 270 days" after initial training; (c)(1) opt-out "during the 90-day period beginning on the day that is 180 days after" initial training (Pub. L. 116-315, section 1003, effective two years after enactment) (https://www.law.cornell.edu/uscode/text/38/3011)
  • 10 U.S.C. 16133, Time limitation for use of entitlement (Chapter 1606): entitlement "expires on the date the person is separated from the Selected Reserve," with exceptions in (b); 14-year limit removed by Pub. L. 110-252, section 5006(d), June 30, 2008; 10 U.S.C. 16131(c)(2), maximum of 36 months (https://www.law.cornell.edu/uscode/text/10/16133 and https://www.law.cornell.edu/uscode/text/10/16131)
  • 38 U.S.C. 3512, Periods of eligibility (Chapter 35): (a) child from the eighteenth to "the person's twenty-sixth birthday"; (b)(1)(A) spouse "10-year period"; (b)(1)(D) "20-year period" for a permanent and total rating within three years of discharge; (g) eligibility "without regard to the age of the person" for a person who first becomes eligible on or after August 1, 2023, or who turns 18 or completes secondary schooling on or after that date, added by Pub. L. 117-328, division U, section 234(a), December 29, 2022 (https://www.law.cornell.edu/uscode/text/38/3512)
  • 38 U.S.C. 3511(a)(1): 45 months for a person who first enrolls before August 1, 2018; 36 months on or after that date (https://www.law.cornell.edu/uscode/text/38/3511)
  • 38 U.S.C. 3319, Authority to transfer unused education benefits: (b)(1) "six years of service" and an agreement "to serve at least four more years"; (d) no more than 36 months; (f)(1) transfer "only while serving as a member of the Armed Forces," spouse use subject to section 3321; (h)(5)(A) a child may not use transferred benefits "after attaining the age of 26 years" and is not bound by the 15-year delimiting date (https://www.law.cornell.edu/uscode/text/38/3319)
  • 38 U.S.C. 3327: (f) additional assistance equal to Chapter 30 contributions times unused Chapter 30 months over 36, paid "together with the last payment of the monthly stipend"; (i) "An election under subsection (a) or (c)(1) is irrevocable" (https://www.law.cornell.edu/uscode/text/38/3327)
  • VA, Montgomery GI Bill refunds (last updated July 6, 2022): conditions including "You've used all of your Post-9/11 GI Bill benefits" and "You were receiving a Post-9/11 GI Bill monthly housing allowance on the day your entitlement ended"; example 20.5 ÷ 36 × 1,200 = $683.33; "The $600 Buy-Up isn't refundable"; refund included in the last monthly housing allowance payment; 888-442-4551 (https://www.va.gov/resources/montgomery-gi-bill-refunds/)
  • VA, Transfer your Post-9/11 GI Bill benefits (last updated September 1, 2026): child "can start to use these benefits only after you've finished at least 10 years of service" and must be younger than 26; spouse "up to 15 years after your separation" if separated before January 1, 2013, otherwise "There's no time limit on the benefits" (https://www.va.gov/education/transfer-post-9-11-gi-bill-benefits/)
  • VA, Montgomery GI Bill Active Duty (MGIB-AD) rates, October 1, 2026 to September 30, 2027: 3-year rate $2,601.00 full time, as carried in server/data/va-education-rates.json; MGIB-AD page: "You usually have 10 years to use your MGIB-AD benefits" (https://www.va.gov/education/benefit-rates/montgomery-active-duty-rates/ and https://www.va.gov/education/about-gi-bill-benefits/montgomery-active-duty/)
  • VA, Montgomery GI Bill Selected Reserve (MGIB-SR) rates, October 1, 2026 to September 30, 2027: $508.00 full time, $408.00 at 75 percent, $253.00 at 50 percent (https://www.va.gov/education/benefit-rates/montgomery-selected-reserve-rates/)
  • VA, Dependents' Educational Assistance (Chapter 35) rates, October 1, 2026 to September 30, 2027: $1,621.00 full time, as carried in server/data/va-education-rates.json; the same page describes DEA as help for "the spouse or child of a Veteran who has died, is missing, or has a permanent and total service-connected disability" (https://www.va.gov/family-and-caregiver-benefits/education-and-careers/dependents-education-assistance/rates/)
  • S. 972, Fairness in Veterans' Education Act of 2025, Sen. Jim Banks, cosponsors Sens. Ruben Gallego and John Cornyn: introduced March 11, 2025; ordered reported July 30, 2025; reported with an amendment in the nature of a substitute and placed on the calendar, Calendar No. 288, December 9, 2025. Reported text amends 38 U.S.C. 3327(f) to pay "not later than 60 days after" exhaustion, adds a lump sum for an individual "not eligible for a monthly stipend," effective August 1, 2025 (https://www.govinfo.gov/bulkdata/BILLSTATUS/119/s/BILLSTATUS-119s972.xml and https://www.govinfo.gov/content/pkg/BILLS-119s972rs/html/BILLS-119s972rs.htm)
  • H.R. 1872, Fairness in Veterans' Education Act, Rep. Ronny Jackson: introduced March 5, 2025; forwarded by the Subcommittee on Economic Opportunity to the full committee, amended, by voice vote, April 9, 2025 (https://www.govinfo.gov/bulkdata/BILLSTATUS/119/hr/BILLSTATUS-119hr1872.xml)
  • Senator Jim Banks, press release, March 12, 2025: the bill would refund roughly 25,000 service members who paid $1,200 into the Montgomery GI Bill before using the Post-9/11 GI Bill on active duty, and "Remove the requirement that reimbursement must be issued through a final monthly housing payment" (https://www.banks.senate.gov/news/press-releases/senators-banks-gallego-introduce-the-fairness-in-veterans-education-act/)
  • DFAS, 2026 military basic pay table effective January 1, 2026, as carried in server/data/base-pay-2026.json: E-1 (4 months or more) $2,407.20; E-2 $2,697.90; E-3 $2,836.80 (2 years or less); E-4 $3,142.20 (2 years or less) (https://www.dfas.mil/MilitaryMembers/payentitlements/Pay-Tables/)
  • Defense Travel Management Office, 2026 Basic Allowance for Housing, as carried in server/data/bah-rates.json: San Antonio, TX285, E-5 with dependents $1,869; 38 U.S.C. 3313(c)(1)(B) bases the Post-9/11 housing allowance on that rate at the school's location (https://www.travel.dod.mil/Allowances/Basic-Allowance-for-Housing/ and https://www.law.cornell.edu/uscode/text/38/3313)

Figures reflect 2026 rates and regulations. This guide is general information, not personalized financial or tax advice. Always verify with your finance office or a tax professional before making a decision. How we research and source: our methodology.

Keep reading

REF: Military Toolkit Guides, effective 2026

Official 2026 DoD, DFAS, DTMO, IRS, and VA sources. See each guide’s Sources list

Results are estimates. Always verify with your finance office.

Reviewed by Guilherme Correia · Military Toolkit editorial