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38 U.S.C. § 3012 — Basic educational assistance entitlement for service in the Selected Reserve

submitted 42 years ago by Pub. L. 98-525 to r/title-38-VETERANS-BENEFITS · 2,029 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section grants basic educational assistance to qualifying members who serve at least two years on active duty and four years in the Selected Reserve, subject to exceptions. It also governs pay reductions, elections, contributions, an alternative entitlement, and notice.

(a) Unless subsection (d) excludes the individual, the individual qualifies if: (1) the person first joins or enters active duty after June 30, 1985 and (A)(i) serves at least two continuous active-duty years characterized as honorable and (ii), beginning within one year, serves at least four continuous Selected Reserve years with satisfactory required training; or qualifies under the comparable transition rules in (B) for a person eligible for chapter 34 benefits who served during October 19, 1984–July 1, 1985 and continued without a break, or (C) for a chapter 34-eligible person not on duty October 19, 1984 who reenlisted or reentered after that date. The B and C routes require the same two active-duty years and four Selected Reserve years. (2) Before applying, the person completes a secondary diploma or equivalent, or 12 semester hours toward a standard college degree. (3) Afterward, the person is honorably discharged, retired or transferred as specified, or continues on active duty or in the Selected Reserve. (b)(1)(A) The two-year requirement does not apply when release during those two years is for a service-connected disability, a preexisting non-service-connected medical condition, hardship, convenience of the Government after 20 months, involuntary reduction in force, a non-disability physical or mental condition described in section 3011(a)(1)(A)(ii)(I), or sole survivorship discharge (a term this section does not define). (B) The four-year requirement does not apply to: (i) a person released during the two active-duty years for the listed disability, sole-survivor, preexisting-condition, or non-disability reasons when originally obligated for four years; (ii) a person released during the four Selected Reserve years for a service-connected disability, preexisting non-service-connected condition, hardship, convenience after 30 months, involuntary reduction in force, non-disability condition, or sole survivorship discharge; or (iii) a person who, from October 1, 1991 through September 30, 1999, leaves the Selected Reserve before four years because the unit is inactivated or because the person is involuntarily no longer designated under section 10143(a) of title 10. (2) After starting the Selected Reserve within one year, service continuity is not broken by a regulation-limited period when no eligible unit with a vacancy can be found, or another regulation-limited period the Secretary finds inappropriate to count as a break. (c)(1) Unless the person elects under (d)(1), basic pay is reduced by $100 for each of the first 12 months the person is entitled to that pay. (2) For a Selected Reserve member, the Defense Secretary collects $1,200 within one year after the two active-duty years, by pay reduction or another method. (3) The reduction goes to the Treasury and is not treated as received or controlled by the person. (d)(1) A person described in (a)(1)(A) may elect not to receive assistance, at initial active-duty entry; the election ends eligibility. (2) A person commissioned after December 31, 1976 upon graduating from a listed service academy is ineligible. (3) A person commissioned after completing a section 2107 title 10 program is ineligible if entering before October 1, 1996, or after September 30, 1996 while receiving more than $3,400 per program year. (e) A person described in (b)(1)(B)(ii)(I) or (III) may irrevocably choose section 3011 assistance based on a two-year obligation instead of this section. The person is then treated for all chapter purposes as entitled under section 3011, not this section. (f) A qualifying person who does not elect out may contribute for increased assistance under section 3015(g), in addition to pay reductions. Contributions may be made while on active duty no more often than monthly, total no more than $600, and must be in $20 multiples. They go to the concerned military Secretary, who deposits them in the Treasury as miscellaneous receipts. (g)(1) The concerned Secretary must timely tell a member who has not completed the initial service and indicates an intent to leave for the Government’s convenience the minimum service needed for benefits. (2) Initial service means the initial obligated active duty in (a)(1)(A) or (B), or the Selected Reserve service in (a)(1)(A)(ii) or (B)(ii).
the actual law source: uscode.house.gov ↗public domain
(a)

Except as provided in subsection (d) of this section, each individual—

(1)

who—

(A)

after June 30, 1985, first becomes a member of the Armed Forces or first enters on active duty as a member of the Armed Forces and—

(i)

serves an obligated period of active duty of at least two years of continuous active duty in the Armed Forces, subject to subsection (b) of this section, characterized by the Secretary concerned as honorable service; and

(ii)

subject to subsection (b) of this section and beginning within one year after completion of the service on active duty described in subclause (i) of this clause, serves at least four years of continuous duty in the Selected Reserve during which the individual participates satisfactorily in training as required by the Secretary concerned;

(B)

as of December 31, 1989, is eligible for educational assistance under chapter 34 of this title and was on active duty at any time during the period beginning on October 19, 1984, and ending on July 1, 1985, continued on active duty without a break in service and—

(i)

after June 30, 1985, serves at least two years of continuous active duty in the Armed Forces, subject to subsection (b) of this section, characterized by the Secretary concerned as honorable service; and

(ii)

after June 30, 1985, subject to subsection (b) of this section and beginning within one year after completion of such two years of service, serves at least four continuous years in the Selected Reserve during which the individual participates satisfactorily in training as prescribed by the Secretary concerned; or

(C)

as of December 31, 1989, was eligible for educational assistance under chapter 34 of this title and—

(i)

was not on active duty on October 19, 1984;

(ii)

reenlists or reenters on a period of active duty after October 19, 1984; and

(iii)

on or after July 1, 1985—

(I)

serves at least two years of continuous active duty in the Armed Forces, subject to subsection (b) of this section, characterized by the Secretary concerned as honorable service; and

(II)

subject to subsection (b) of this section and beginning within one year after completion of such two years of service, serves at least four continuous years in the Selected Reserve during which the individual participates satisfactorily in training as prescribed by the Secretary concerned;

(2)

who completes the requirements of a secondary school diploma (or equivalency certificate), or successfully completes (or otherwise receives academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree, before applying for benefits under this section; and

(3)

who, after completion of the service described in clause (1) of this subsection—

(A)

is discharged from service with an honorable discharge, is placed on the retired list, or is transferred to the Standby Reserve or an element of the Ready Reserve other than the Selected Reserve after service in the Selected Reserve characterized by the Secretary concerned as honorable service; or

(B)

continues on active duty or in the Selected Reserve;

is entitled to basic educational assistance under this chapter.

(b)
(1)
(A)

The requirement of two years of service under clauses (1)(A)(i) and (1)(B)(i) of subsection (a) of this section is not applicable to an individual who is discharged or released, during such two years, from active duty in the Armed Forces (i) for a service-connected disability, (ii) for a medical condition which preexisted such service on active duty and which the Secretary determines is not service connected, (iii) for hardship, (iv) in the case of an individual discharged or released after 20 months of such service, for the convenience of the Government, (v) involuntarily for the convenience of the Government as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, (vi) for a physical or mental condition that was not characterized as a disability, as described in section 3011(a)(1)(A)(ii)(I) of this title, or (vii) by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10).

(B)

The requirement of four years of service under clauses (1)(A)(ii) and (1)(B)(ii) of subsection (a) of this section is not applicable to an individual—

(i)

who, during the two years of service described in clauses (1)(A)(i) and (1)(B)(i) of subsection (a) of this section, was discharged or released from active duty in the Armed Forces for a service-connected disability, by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10), for a medical condition which preexisted such service on active duty and which the Secretary determines is not service connected, or for a physical or mental condition not characterized as a disability, as described in section 3011(a)(1)(A)(ii)(I) of this title, if the individual was obligated, at the beginning of such two years of service, to serve such four years of service;

(ii)

who, during the four years of service described in clauses (1)(A)(ii) and (1)(B)(ii) of subsection (a) of this section, is discharged or released from service in the Selected Reserve (I) for a service-connected disability, (II) for a medical condition which preexisted the individual’s becoming a member of the Selected Reserve and which the Secretary determines is not service connected, (III) for hardship, (IV) in the case of an individual discharged or released after 30 months of such service, for the convenience of the Government, (V) involuntarily for the convenience of the Government as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, (VI) for a physical or mental condition not characterized as a disability, as described in section 3011(a)(1)(A)(ii)(I) of this title, or (VII) by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10); or

(iii)

who, before completing the four years of service described in clauses (1)(A)(ii) and (1)(B)(ii) of subsection (a) of this section, ceases to be a member of the Selected Reserve during the period beginning on October 1, 1991, and ending on September 30, 1999, by reason of the inactivation of the person’s unit of assignment or by reason of involuntarily ceasing to be designated as a member of the Selected Reserve pursuant to section 10143(a) of title 10.

(2)

After an individual begins service in the Selected Reserve within one year after completion of the service described in clause (A)(i) or (B)(i) of subsection (a)(1) of this section, the continuity of service of such individual as a member of the Selected Reserve shall not be considered to be broken—

(A)

by any period of time (not to exceed a maximum period prescribed by the Secretary concerned by regulation) during which the member is not able to locate a unit of the Selected Reserve of the member’s Armed Force that the member is eligible to join or that has a vacancy; or

(B)

by any other period of time (not to exceed a maximum period prescribed by the Secretary concerned by regulation) during which the member is not attached to a unit of the Selected Reserve that the Secretary concerned, pursuant to regulations, considers to be inappropriate to consider for such purpose.

(c)
(1)

Except as provided in paragraph (2), the basic pay of any individual described in subsection (a)(1)(A) of this section who does not make an election under subsection (d)(1) of this section shall be reduced by $100 for each of the first 12 months that such individual is entitled to such pay.

(2)

In the case of an individual covered by paragraph (1) who is a member of the Selected Reserve, the Secretary of Defense shall collect from the individual an amount equal to $1,200 not later than one year after completion by the individual of the two years of service on active duty providing the basis for such entitlement. The Secretary of Defense may collect such amount through reductions in basic pay in accordance with paragraph (1) or through such other method as the Secretary of Defense considers appropriate.

(3)

Any amount by which the basic pay of an individual is reduced under this subsection shall revert to the Treasury and shall not, for purposes of any Federal law, be considered to have been received by or to be within the control of such individual.

(d)
(1)

An individual described in subsection (a)(1)(A) of this section may make an election not to receive educational assistance under this chapter. Any such election shall be made at the time the individual initially enters on active duty as a member of the Armed Forces. Any individual who makes such an election is not entitled to educational assistance under this chapter.

(2)

An individual who after December 31, 1976, receives a commission as an officer in the Armed Forces upon graduation from the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, or the Coast Guard Academy is not eligible for educational assistance under this section.

(3)

An individual who after December 31, 1976, receives a commission as an officer in the Armed Forces upon completion of a program of educational assistance under section 2107 of title 10 is not eligible for educational assistance under this section if the individual enters on active duty—

(A)

before October 1, 1996; or

(B)

after September 30, 1996, and while participating in such program received more than $3,400 for each year of such participation.

(e)
(1)

An individual described in subclause (I) or (III) of subsection (b)(1)(B)(ii) of this section may elect entitlement to basic educational assistance under section 3011 of this title, based on an obligated period of active duty of two years, in lieu of entitlement to assistance under this section.

(2)

An individual who makes the election described in paragraph (1) of this subsection shall, for all purposes of this chapter, be considered entitled to educational assistance under section 3011 of this title and not under this section. Such an election is irrevocable.

(f)
(1)

Any individual eligible for educational assistance under this section who does not make an election under subsection (d)(1) may contribute amounts for purposes of receiving an increased amount of basic educational assistance as provided for under section 3015(g) of this title. Such contributions shall be in addition to any reductions in the basic pay of such individual under subsection (c).

(2)

An individual covered by paragraph (1) may make the contributions authorized by that paragraph at any time while on active duty, but not more frequently than monthly.

(3)

The total amount of the contributions made by an individual under paragraph (1) may not exceed $600. Such contributions shall be made in multiples of $20.

(4)

Contributions under this subsection shall be made to the Secretary of the military department concerned. That Secretary shall deposit any amounts received as contributions under this subsection into the Treasury as miscellaneous receipts.

(g)
(1)

The Secretary concerned shall inform any member of the Armed Forces who has not completed that member’s initial service (as described in paragraph (2)) and who indicates the intent to be discharged or released from such service for the convenience of the Government of the minimum service requirements for entitlement to educational assistance benefits under this chapter. Such information shall be provided to the member in a timely manner.

(2)

The initial service referred to in paragraph (1) is the initial obligated period of active duty (described in subparagraph (A)(i) or (B)(i) of subsection (a)(1)) or the period of service in the Selected Reserve (described in subparagraphs (A)(ii) or (B)(ii) of subsection (a)(1)).

Source credit: (Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2555, § 1412; amended Pub. L. 99–145, title VI, § 674(2), Nov. 8, 1985, 99 Stat. 665; Pub. L. 99–576, title III, §§ 303(a)(2), 307(a)(2), 321(2), Oct. 28, 1986, 100 Stat. 3269, 3277; Pub. L. 100–48, § 3(b), June 1, 1987, 101 Stat. 331; Pub. L. 100–689, title I, §§ 102(b)(1), 103(b)(1), 104(b), 105, 111(a)(2)(B), Nov. 18, 1988, 102 Stat. 4162, 4165, 4166, 4171; Pub. L. 101–237, title IV, §§ 409, 423(a)(1), (b)(1)(A), Dec. 18, 1989, 103 Stat. 2084, 2090, 2092; Pub. L. 101–510, div. A, title V, § 562(a)(3), Nov. 5, 1990, 104 Stat. 1574; renumbered § 3012 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–484, div. D, title XLIV, § 4419(b), Oct. 23, 1992, 106 Stat. 2718; Pub. L. 102–568, title III, §§ 302(a)(2), 303(a)(2), Oct. 29, 1992, 106 Stat. 4326, 4327; Pub. L. 103–160, div. A, title V, § 561(m), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 103–446, title XII, § 1201(f)(2), Nov. 2, 1994, 108 Stat. 4687; Pub. L. 104–106, div. A, title XV, § 1501(e)(2)(B), Feb. 10, 1996, 110 Stat. 501; Pub. L. 104–201, div. A, title V, § 556(b), Sept. 23, 1996, 110 Stat. 2528; Pub. L. 105–368, title II, §§ 203(a), 207(b), Nov. 11, 1998, 112 Stat. 3326, 3328; Pub. L. 106–117, title VII, § 704, Nov. 30, 1999, 113 Stat. 1584; Pub. L. 106–419, title I, §§ 102(b), 103(b), 105(a)(2), title IV, § 404(a)(6), Nov. 1, 2000, 114 Stat. 1824, 1826, 1829, 1865; Pub. L. 107–14, § 7(c)(2), June 5, 2001, 115 Stat. 32; Pub. L. 107–103, title I, §§ 105(b), 106(a), Dec. 27, 2001, 115 Stat. 982, 983; Pub. L. 107–296, title XVII, § 1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 108–454, title I, § 109(b), Dec. 10, 2004, 118 Stat. 3604; Pub. L. 109–233, title V, § 503(3), June 15, 2006, 120 Stat. 416; Pub. L. 110–317, § 6(c)(2), Aug. 29, 2008, 122 Stat. 3529.)

history & why it existsrecord from the source credit
  • 1984Enacted · Pub. L. 98-525 · 98 Stat. 2555
  • 1985Amended · Pub. L. 99-145 · 99 Stat. 665
  • 1986Amended · Pub. L. 99-576 · 100 Stat. 3269, 3277
  • 1987Amended · Pub. L. 100-48 · 101 Stat. 331
  • 1988Amended · Pub. L. 100-689 · 102 Stat. 4162, 4165, 4166, 4171
  • 1989Amended · Pub. L. 101-237 · 103 Stat. 2084, 2090, 2092
  • 1990Amended · Pub. L. 101-510 · 104 Stat. 1574
  • 1991Amended · Pub. L. 102-83 · 105 Stat. 406
  • 1992Amended · Pub. L. 102-484 · 106 Stat. 2718
  • 1992Amended · Pub. L. 102-568 · 106 Stat. 4326, 4327
  • 1993Amended · Pub. L. 103-160 · 107 Stat. 1668
  • 1994Amended · Pub. L. 103-446 · 108 Stat. 4687
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 501
  • 1996Amended · Pub. L. 104-201 · 110 Stat. 2528
  • 1998Amended · Pub. L. 105-368 · 112 Stat. 3326, 3328
  • 1999Amended · Pub. L. 106-117 · 113 Stat. 1584
  • 2000Amended · Pub. L. 106-419 · 114 Stat. 1824, 1826, 1829, 1865
  • 2001Amended · Pub. L. 107-14 · 115 Stat. 32
  • 2001Amended · Pub. L. 107-103 · 115 Stat. 982, 983
  • 2002Amended · Pub. L. 107-296 · 116 Stat. 2315
  • 2004Amended · Pub. L. 108-454 · 118 Stat. 3604
  • 2006Amended · Pub. L. 109-233 · 120 Stat. 416
  • 2008Amended · Pub. L. 110-317 · 122 Stat. 3529

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-525 on 1984-10-19.

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