; and (2) the administrative separation or conviction resulted in a discharge characterization of the covered individual that does not meet the requirements of section 3311(c) of this title. (b) Application (1) A spouse or dependent child described in subsection (a) seeking reinstatement of terminated educational assistance payments for a termination described in such subsection shall apply for such reinstatement not later than 3 years after the discharge of the covered individual. (2) An application under paragraph (1) shall include sufficient information to substantiate that a spouse or dependent child was the victim of dependent-abuse that resulted in a discharge characterization that does not meet the requirements of section 3311(c) of this title. (c) Limitation Reinstated payments shall not exceed any unused portion of the educational benefits that were transferred to a spouse or dependent child pursuant to section 3319 of this title that remain unobligated at the time of discharge of the covered member. (d) Determination by the Secretary concerned The Secretary concerned may determine that the proximate cause of termination of education benefits is dependent-abuse, as specified in regulations prescribed in subsection (e), only if— (1) the record for the administrative separation establishes, by a preponderance of evidence presented, that the covered individual perpetrated a dependent-abuse offense