10 U.S.C. § 16132 — Eligibility for educational assistance

submitted 49 years ago by Pub. L. 95-79 to r/title-10-ARMED-FORCES · 354 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets who qualifies for Selected Reserve education benefits. Members must serve at least six years and hold a high school diploma or equivalent. Benefits start only after initial training, and members must choose between this program and the separate GI Bill.

(a) A person qualifies for educational assistance under section 16131 if, after June 30, 1985, they either enlist, reenlist, or extend an enlistment as a reservist for Selected Reserve service lasting at least six years, or are appointed or serving as a reserve officer and agree to serve in the Selected Reserve for at least six more years beyond any other obligated Selected Reserve service — and if, before applying for benefits, they've completed a high school diploma or an equivalency certificate. (b) A member can't actually receive assistance under this chapter until they've completed the initial period of active duty for training that's required of them. (c) When someone becomes entitled to assistance under subsection (a), they must be given a written statement summarizing this chapter's rules, and clearly explaining how sections 16134 and 16135 (which cover things like losing eligibility) might apply to them. If the VA Secretary asks, the Secretary of Defense must send that Secretary notice of each person's entitlement. (d) Someone serving in the Selected Reserve can't get credit for that service under both this chapter's program and the separate GI Bill program in chapter 30 of title 38 — they must choose (in whatever form the VA Secretary requires) which program the service counts toward. However, nobody can get credit under this chapter for full-time active duty or full-time National Guard duty spent organizing, administering, recruiting, instructing, or training reserve units, if that position is counted toward the yearly authorized end strength under section 115(a)(1)(B) of this title.

the actual law source: uscode.house.gov ↗public domain

(a)

A person who—

(1)

after June 30, 1985—

(A)

enlists, reenlists, or extends an enlistment as a Reserve for service in the Selected Reserve for a period of not less than six years; or

(B)

is appointed as, or is serving as, a reserve officer and agrees to serve in the Selected Reserve for a period of not less than six years in addition to any other period of obligated service in the Selected Reserve to which the person may be subject; and

(2)

before applying for benefits under this section, has completed the requirements of a secondary school diploma (or an equivalency certificate);

is entitled to educational assistance under section 16131 of this title.

(b)

Educational assistance may not be provided to a member under this chapter until the member has completed the initial period of active duty for training required of the member.

(c)

Each person who becomes entitled to educational assistance under subsection (a) shall at the time the person becomes so entitled be given a statement in writing summarizing the provisions of this chapter and stating clearly and prominently the substance of sections 16134 and 16135 of this title as such sections may apply to the person. At the request of the Secretary of Veterans Affairs, the Secretary of Defense shall transmit a notice of entitlement for each such person to that Secretary.

(d)

A person who serves in the Selected Reserve may not receive credit for such service under both the program established by chapter 30 of title 38 and the program established by this chapter but shall elect (in such form and manner as the Secretary of Veterans Affairs may prescribe) the program to which such service is to be credited. However, a person may not receive credit under the program established by this chapter for service (in any grade) on full-time active duty or full-time National Guard duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components in a position which is included in the end strength required to be authorized each year by section 115(a)(1)(B) of this title.

Source credit: (Added Pub. L. 95–79, title IV, § 402(a), July 30, 1977, 91 Stat. 329, § 2132; amended Pub. L. 95–485, title IV, § 402(a), Oct. 20, 1978, 92 Stat. 1613; Pub. L. 96–513, title V, § 511(69), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 98–525, title VII, § 705(a)(1), Oct. 19, 1984, 98 Stat. 2565; Pub. L. 100–48, § 4, June 1, 1987, 101 Stat. 331; Pub. L. 100–689, title I, §§ 110(b), 111(b)(2)–(4), Nov. 18, 1988, 102 Stat. 4170, 4173; Pub. L. 101–189, div. A, title VI, §§ 643(a), 645(a), (b)(2), Nov. 29, 1989, 103 Stat. 1458; Pub. L. 102–25, title VII, § 701(f)(6), Apr. 6, 1991, 105 Stat. 115; renumbered § 16132 and amended Pub. L. 103–337, div. A, title XVI, § 1663(b)(2), (4), Oct. 5, 1994, 108 Stat. 3006, 3007; Pub. L. 104–106, div. A, title XV, § 1501(b)(34), Feb. 10, 1996, 110 Stat. 498; Pub. L. 106–419, title I, § 102(d), Nov. 1, 2000, 114 Stat. 1825.)

history & why it existsrecord from the source credit

1977Enacted · Pub. L. 95-79 · 91 Stat. 329
1978Amended · Pub. L. 95-485 · 92 Stat. 1613
1980Amended · Pub. L. 96-513 · 94 Stat. 2926
1984Amended · Pub. L. 98-525 · 98 Stat. 2565
1987Amended · Pub. L. 100-48 · 101 Stat. 331
1988Amended · Pub. L. 100-689 · 102 Stat. 4170, 4173
1989Amended · Pub. L. 101-189 · 103 Stat. 1458
1991Amended · Pub. L. 102-25 · 105 Stat. 115
1994Amended · Pub. L. 103-337 · 108 Stat. 3006, 3007
1996Amended · Pub. L. 104-106 · 110 Stat. 498
2000Amended · Pub. L. 106-419 · 114 Stat. 1825

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-79 on 1977-07-30.

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