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10 U.S.C. § 16165 — Termination of assistance

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 16165 — Termination of assistance

**(a) In General.—** Except as provided in subsection (b), educational assistance may not be provided under this chapter, or if being provided under this chapter, shall be terminated— (1) if the member is receiving financial assistance under [section 2107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2107&num=0&edition=prelim) as a member of the Senior Reserve Officers’ Training Corps program; or (2) when the member separates from the Ready Reserve as provided in [section 16164(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16164/a/1&num=0&edition=prelim), or upon completion of the period provided for in [section 16164(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16164/a/2&num=0&edition=prelim), as applicable. **(b) Exception.—** Under regulations prescribed by the Secretary of Defense, educational assistance may be provided under this chapter to a member of the Selected Reserve of the Ready Reserve who incurs a break in service in the Selected Reserve if the member continues to serve in the Ready Reserve during and after such break in service.

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Source file: Laws/federal/codes/united-states-code/title-10/section-16165-termination-of-assistance--3413d83f0e.md
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Source location: Title 10, Chapter 1607, § 16165; chapter-1607-educational-assistance-for-reserve-component-members-supporting-contingency-operations-and-certain-other-operations.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 16164 — Time limitation for use of entitlement

**(a) Duration of Entitlement.—** Except as provided in subsection (b), a member remains entitled to educational assistance under this chapter— (1) while the member is serving— (A) in the Selected Reserve of the Ready Reserve, in the case of a member called or ordered to active service while serving in the Selected Reserve; or (B) in the Ready Reserve, in the case of a member ordered to active duty while serving in the Ready Reserve (other than the Selected Reserve); and (2) in the case of a person who separates from the Selected Reserve of the Ready Reserve after completion of a period of active service described in [section 16163 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16163&num=0&edition=prelim) and completion of a service contract under honorable conditions, during the 10-year period beginning on the date on which the person separates from the Selected Reserve. **(b) Duration of Entitlement for Disabled Members.—** (1) In the case of a person who is separated from the Ready 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, such person’s entitlement to educational assistance expires at the end of the 10-year period beginning on the date on which such person became entitled to such assistance. (2) The provisions of subsections (d) and (f) of [section 3031 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3031&num=0&edition=prelim) shall apply to the period of entitlement prescribed by paragraph (1).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2107 — Financial assistance program for specially selected members

**(a)** The Secretary of the military department concerned may appoint as a cadet or midshipman, as appropriate, in the reserve of an armed force under his jurisdiction any eligible member of the program who will be under 31 years of age on December 31 of the calendar year in which he is eligible under this section for appointment as an ensign in the Navy or as a second lieutenant in the Army, Air Force, Marine Corps, or Space Force. **(b)** To be eligible for appointment as a cadet or midshipman under this section a member must— (1) be a citizen or national of the United States; (2) be specially selected for the financial assistance program under procedures prescribed by the Secretary of the military department concerned; (3) enlist in the reserve component of an armed force for the period prescribed by the Secretary of the military department concerned; (4) contract, with the consent of his parent or guardian if he is a minor, with the Secretary of the military department concerned, or his designated representative, to serve for the period required by the program; and (5) agree in writing that, at the discretion of the Secretary of the military department concerned, he will— (A) (i) accept an appointment, if offered, as a commissioned officer in the Army, Navy, Air Force, Marine Corps, or Space Force, as the case may be, and that, if he is commissioned as a regular officer and his regular commission is terminated before the sixth anniversary of his date of rank, he will accept an appointment, if offered, in the reserve component of an armed force and not resign before that anniversary or before such other date, not beyond the eighth anniversary of the midshipman’s date of rank, that the Secretary of Defense may prescribe; and (ii) serve on active du

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 16163 — Eligibility for educational assistance

**(a) Eligibility.—** On or after September 11, 2001, a member of a reserve component is entitled to educational assistance under this chapter if the member— (1) served on active duty in support of a contingency operation for 90 consecutive days or more; or (2) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, performed full time National Guard duty under [section 502(f) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim) for 90 consecutive days or more when authorized by the President or Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds. **(b) Disabled Members.—** Notwithstanding the eligibility requirements in subsection (a), a member who was ordered to active service as prescribed under subsection (a)(1) or (a)(2) but is released from duty before completing 90 consecutive days because of an injury, illness or disease incurred or aggravated in the line of duty shall be entitled to educational assistance under this chapter at the rate prescribed in [section 16162(c)(4)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16162/c/4/A&num=0&edition=prelim). **(c) Written Notification.—** (1) Each member who becomes entitled to educational assistance under subsection (a) shall be given a statement in writing prior to release from active service that summarizes the provisions of this chapter and stating clearly and prominently the substance of [section 16165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16165&num=0&edition=prelim) as such section may apply to the member. (2

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 16165 — Termination of assistance

Page 3779 TITLE 10—ARMED FORCES § 16165 (A) the manner of authorizing the transfer of entitlements under this section; (B) the eligibility criteria in accordance with subsection (b); and (C) the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2). (k) SECRETARY CONCERNED DEFINED.—For pur- poses of this section, the term ‘‘Secretary con- cerned’’ has the meaning given in section 101(a)(9) in the case of a member of the armed forces. (Added Pub. L. 110–252, title V, § 5006(c), June 30, 2008, 122 Stat. 2383; amended Pub. L. 111–383, div. A, title X, § 1075(b)(56), Jan. 7, 2011, 124 Stat. 4372.) Editorial Notes AMENDMENTS 2011—Subsec. (b)(2). Pub. L. 111–383 substituted ‘‘sub- section (j)’’ for ‘‘section (j)’’. § 16164. Time limitation for use of entitlement (a) DURATION OF ENTITLEMENT.—Except as pro- vided in subsection (b), a member remains enti- tled to educational assistance under this chap- ter— (1) while the member is serving— (A) in the Selected Reserve of the Ready Reserve, in the case of a member called or ordered to active service while serving in the Selected Reserve; or (B) in the Ready Reserve, in the case of a member ordered to active duty while serving in the Ready Reserve (other than the Se- lected Reserve); and (2) in the case of a person who separates from the Selected Reserve of the Ready Re- serve after completion of a period of active service described in section 16163 of this title and completion of a service contract under honorable conditions, during the 10-year pe- riod beginning on the date on which the person separates from the Selected Reserve. (b) DURATION OF ENTITLEMENT FOR DISABLED MEMBERS.—(1) In the case of a person who is sep- arated from the Ready Reserve becaus

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 16165

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