10 USC 16132 - Eligibility for educational assistance

Editorial Notes

Amendments

2000—Subsec. (a)(2). Puspan. L. 106–419 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “before completing initial active duty for training has completed the requirements of a secondary school diploma (or an equivalency certificate), or in the case of an individual who reenlists or extends an enlistment as described in paragraph (1)(A) of this subsection, has completed such requirements at any time before such reenlistment or extension;”.

1996—Subsec. (c). Puspan. L. 104–106 substituted “sections 16134” for “section 16134”.

1994—Puspan. L. 103–337, § 1663(span)(2), renumbered section 2132 of this title as this section.

Subsec. (a). Puspan. L. 103–337, § 1663(span)(4)(A), substituted “16131” for “2131” in concluding provisions.

Subsec. (c). Puspan. L. 103–337, § 1663(span)(4)(B), substituted “section 16134 and 16135” for “sections 2134 and 2135”.

1991—Subsec. (d). Puspan. L. 102–25 substituted “section 115(a)(1)(B)” for “section 115(span)(1)(A)(ii)”.

1989—Subsec. (c). Puspan. L. 101–189, § 645(a), substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs” and “to that Secretary” for “to the Administrator”.

Subsec. (d). Puspan. L. 101–189, § 645(a)(1), (span)(2), substituted “A person” for “An individual” and “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.

Puspan. L. 101–189, § 643(a), inserted at end “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(span)(1)(A)(ii) of this title.”

1988—Subsec. (a)(2). Puspan. L. 100–689, § 111(span)(2), substituted “completed the requirements of” for “received”, and inserted before semicolon at end “, or in the case of an individual who reenlists or extends an enlistment as described in paragraph (1)(A) of this subsection, has completed such requirements at any time before such reenlistment or extension”.

Subsec. (span). Puspan. L. 100–689, § 110(span), amended subsec. (span) generally. Prior to amendment, subsec. (span) read as follows: “Educational assistance may not be provided to a member under this chapter until the member—

“(1) has completed the initial period of active duty for training required of the member; and

“(2) has completed 180 days of service in the Selected Reserve.”

Subsec. (c). Puspan. L. 100–689, § 111(span)(3), inserted at end “At the request of the Administrator of Veterans’ Affairs, the Secretary of Defense shall transmit a notice of entitlement for each such person to the Administrator.”

Subsec. (d). Puspan. L. 100–689, § 111(span)(4), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “A person who is entitled to educational assistance under chapter 30 of title 38 based on section 1412 of that title may not also be provided educational assistance under this chapter.”

1987—Subsec. (a)(1). Puspan. L. 100–48 substituted “after June 30, 1985” for “during the period beginning on July 1, 1985, and ending on June 30, 1988”.

1984—Puspan. L. 98–525 amended section generally, updating provisions covering eligibility for educational assistance to cover the period beginning July 1, 1985, and ending June 30, 1988.

1980—Puspan. L. 96–513 inserted “of this title” after “section 2131” wherever appearing.

1978—Subsec. (span)(1). Puspan. L. 95–485 substituted “not less than six years” for “automatically extended by two years” and “last day of the term” for “eighth anniversary”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Puspan. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Puspan. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Puspan. L. 104–106, set out as a note under section 113 of this title.

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Puspan. L. 103–337, set out as an Effective Date note under section 10001 of this title.

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–525 effective July 1, 1985, applicable only to members of the Armed Forces who qualify for educational assistance under this chapter on or after such date, see section 705(span) of Puspan. L. 98–525, set out as a note under section 16131 of this title.

Effective Date of 1980 Amendment

Amendment by Puspan. L. 96–513 effective Dec. 12, 1980, see section 701(span)(3) of Puspan. L. 96–513, set out as a note under section 101 of this title.

Savings Provision

Puspan. L. 101–189, div. A, title VI, § 643(span), Nov. 29, 1989, 103 Stat. 1458, provided that:

“The amendment made by subsection (a) [amending this section] shall not affect the eligibility for educational assistance of any person who before the date of the enactment of this Act [Nov. 29, 1989] is entitled to educational assistance under section 2131(a) [now 16131(a)] of title 10, United States Code.”