§ 16132. Eligibility for educational assistance

1,310 words·~6 min read·/usc/title-10/section-16132

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(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.

(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.)

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