Rudisill v. McDonough
View Official PDFSummary
A short, plain-English overview of Rudisill v. McDonough.
The Supreme Court addressed the issue of educational benefits under the Montgomery and Post-9/11 GI Bills for servicemembers with overlapping service periods. Petitioner James Rudisill, who served in the U.S. Army, sought to utilize benefits from both bills. The Court found that servicemembers like Rudisill are entitled to use benefits from both bills up to the 48-month cap without being limited by the 36-month restriction when electing between the two programs.
Holding
The single most important “bottom line” of what the Court decided in Rudisill v. McDonough.
The Court held that servicemembers who accrue educational benefits under both the Montgomery and Post-9/11 GI Bills may use either one, in any order, up to the 48-month aggregate-benefits cap.
Key Quotes
Short excerpts from the syllabus in Rudisill v. McDonough that support the summary and concepts above.
Rudisill earned two separate entitlements to educational benefits.
The statutory text resolves this case in Rudisill's favor.
Section 3322(d) does not mention the receipt of benefits but addresses instead the 'coordination of entitlement.'
