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10 U.S.C. § 16135 — Failure to participate satisfactorily; penalties

submitted 49 years ago by Pub. L. 95-79 to r/title-10-ARMED-FORCES · 150 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a reservist gets education money but skips required training, the Secretary can punish them. They may be ordered back to active duty or made to repay the money. Repaying doesn't shorten their service obligation.

(a) Penalties — If a Selected Reserve member doesn't participate satisfactorily in required training during the enlistment or service period that earned them educational assistance, and they already received that assistance, the Secretary may choose to (1) order the member to active duty for two years, or for whatever time remains on their obligated service under section 16132, whichever is shorter; or (2) require repayment under section 303a(e) or 373 of title 37. (b) Effect of Repayment — Repaying money under section 303a(e) or 373 of title 37 does not change or shorten how long the member is still obligated to serve in the Selected Reserve.
the actual law source: uscode.house.gov ↗public domain
(a)Penalties.—

At the option of the Secretary concerned, a member of the Selected Reserve of an armed force who does not participate satisfactorily in required training as a member of the Selected Reserve during a term of enlistment or other period of obligated service that created entitlement of the member to educational assistance under this chapter, and during which the member has received such assistance, may—

(1)

be ordered to active duty for a period of two years or the period of obligated service the person has remaining under section 16132 of this title, whichever is less; or

(2)

be subject to the repayment provisions under section 303a(e) or 373 of title 37.

(b)Effect of Repayment.—

Any repayment under section 303a(e) or 373 of title 37 shall not affect the period of obligation of a member to serve as a Reserve in the Selected Reserve.

Source credit: (Added Pub. L. 95–79, title IV, § 402(a), July 30, 1977, 91 Stat. 330, § 2135; amended Pub. L. 95–485, title IV, § 402(b), Oct. 20, 1978, 92 Stat. 1613; Pub. L. 96–342, title IX, § 906(b), Sept. 8, 1980, 94 Stat. 1117; Pub. L. 98–525, title VII, § 705(a)(1), Oct. 19, 1984, 98 Stat. 2566; Pub. L. 100–689, title I, § 111(b)(6), Nov. 18, 1988, 102 Stat. 4173; renumbered § 16135 and amended Pub. L. 103–337, div. A, title XVI, § 1663(b)(2), (6), Oct. 5, 1994, 108 Stat. 3006, 3007; Pub. L. 104–106, div. A, title XV, § 1501(b)(35), Feb. 10, 1996, 110 Stat. 498; Pub. L. 107–314, div. A, title VI, § 642, Dec. 2, 2002, 116 Stat. 2577; Pub. L. 109–163, div. A, title VI, § 687(c)(12), Jan. 6, 2006, 119 Stat. 3335; Pub. L. 115–91, div. A, title VI, § 618(a)(1)(N), Dec. 12, 2017, 131 Stat. 1426.)

history & why it existsrecord from the source credit
  • 1977Enacted · Pub. L. 95-79 · 91 Stat. 330
  • 1978Amended · Pub. L. 95-485 · 92 Stat. 1613
  • 1980Amended · Pub. L. 96-342 · 94 Stat. 1117
  • 1984Amended · Pub. L. 98-525 · 98 Stat. 2566
  • 1988Amended · Pub. L. 100-689 · 102 Stat. 4173
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 3006, 3007
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 498
  • 2002Amended · Pub. L. 107-314 · 116 Stat. 2577
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3335
  • 2017Amended · Pub. L. 115-91 · 131 Stat. 1426

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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