§ 16133. Time limitation for use of entitlement

1,593 words·~7 min read·/usc/title-10/section-16133

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(a)Except as provided in subsection (b), the period during which a person entitled to educational assistance under this chapter may use such person’s entitlement expires on the date the person is separated from the Selected Reserve.

(1)In the case of a person—

(A)who is separated from the Selected Reserve because of a disability which was not the result of the individual’s own willful misconduct incurred on or after the date on which such person became entitled to educational assistance under this chapter; or

(B)who, on or after the date on which such person became entitled to educational assistance under this chapter ceases to be a member of the Selected Reserve during the period beginning on October 1, 1991, and ending on December 31, 2001, or the period beginning on October 1, 2007, and ending on September 30, 2014, 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 this title,

the period for using entitlement prescribed by subsection

(a)shall be determined without regard to clause

(2)of such subsection.

(2)The provisions of section 3031(f) of title 38 shall apply to the period of entitlement prescribed by subsection (a).

(3)The provisions of section 3031(d) of title 38 shall apply to the period of entitlement prescribed by subsection

(a)in the case of a disability incurred in or aggravated by service in the Selected Reserve.

(4)In the case of a member of the Selected Reserve of the Ready Reserve who serves on active duty pursuant to an order to active duty issued under section 12301(a), 12301(d), 12301(g), 12302, 12304, 12304a, or 12304b of this title—

(A)the period of such active duty service plus four months shall not be considered in determining the expiration date applicable to such member under subsection (a); and

(B)the member may not be considered to have been separated from the Selected Reserve for the purposes of clause

(2)of such subsection by reason of the commencement of such active duty service.

(5)In any case in which the Secretary concerned determines that a person entitled to educational assistance under this chapter has been prevented from using such person’s entitlement due to an emergency situation, the Secretary concerned shall extend the period of entitlement prescribed in subsection

(a)for a period equal to the number of months that the person was so prevented from using such entitlement, as determined by the Secretary.

(c)In this section, the term “emergency situation” has the meaning given such term in section 3601 of title 38.

(Added Pub. L. 95–79, title IV, § 402(a), July 30, 1977, 91 Stat. 329, § 2133; amended Pub. L. 96–107, title IV, § 402(b), Nov. 9, 1979, 93 Stat. 808; Pub. L. 96–513, title V, § 511(70), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 98–525, title VII, § 705(a)(1), Oct. 19, 1984, 98 Stat. 2566; Pub. L. 100–456, div. A, title XII, § 1233(g)(2), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 100–689, title I, § 111(b)(5), Nov. 18, 1988, 102 Stat. 4173; Pub. L. 102–127, § 3, Oct. 10, 1991, 105 Stat. 622;

Pub. L. 102–484, div. D, title XLIV, § 4419(a), Oct. 23, 1992, 106 Stat. 2717; Pub. L. 102–568, title III, § 320(a)(2), Oct. 29, 1992, 106 Stat. 4335; Pub. L. 103–160, div. A, title V, § 561(m), Nov. 30, 1993, 107 Stat. 1668; renumbered § 16133 and amended Pub. L. 103–337, div. A, title XVI, § 1663(b)(2), (5), Oct. 5, 1994, 108 Stat. 3006, 3007; Pub. L. 105–85, div. A, title V, § 553(b), Nov. 18, 1997, 111 Stat. 1748; Pub. L. 105–261, div. A, title V, § 561(q), Oct. 17, 1998, 112 Stat. 2027;

Pub. L. 106–398, § 1 [[div. A], title V, § 571(p)], Oct. 30, 2000, 114 Stat. 1654, 1654A–135; Pub. L. 107–314, div. A, title VI, § 641(a), Dec. 2, 2002, 116 Stat. 2576; Pub. L. 110–181, div. A, title V, § 529, Jan. 28, 2008, 122 Stat. 110; Pub. L. 110–252, title V, § 5006(d), June 30, 2008, 122 Stat. 2386; Pub. L. 114–315, title IV, § 416(b), Dec. 16, 2016, 130 Stat. 1565; Pub. L. 117–333, § 3(d), (e)(4), Jan. 5, 2023, 136 Stat. 6127, 6128.)

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