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10 U.S.C. § 2147 — Right of member after reenlisting to transfer entitlement to spouse or dependent children
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1)
(A) A person who is entitled to educational assistance under [section 2142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2142&num=0&edition=prelim) and who reenlisted in an armed force at any time after the end of the enlistment which established such entitlement may at any time after such reenlistment elect to transfer all or any part of such entitlement to the spouse or dependent child of such person.
(B) The Secretary of the Navy may authorize a member of the Navy or Marine Corps who is entitled to educational assistance under [section 2142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2142&num=0&edition=prelim) and whose enlistment that established such entitlement was the member’s second reenlistment as a member of the armed forces to transfer all or part of such entitlement to the spouse or dependent child of such member after the completion of four years of active service of that second reenlistment if that reenlistment was for a period of at least six years.
(C) A transfer under this paragraph may be revoked at any time by the person making the transfer.
(2) If a person described in paragraph (1) dies before making an election authorized by such paragraph but has never made an election not to transfer such entitlement, any unused entitlement of such person shall be automatically transferred to such person’s surviving spouse or (if there is no eligible surviving spouse) to such person’s dependent children. A surviving spouse to whom entitlement to educational assistance is transferred under this paragraph may elect to transfer such entitlement to the dependent children of the person whose service established such entitlement.
(3) Any transfer of entit
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Stable record: federal_law:legal_authorities:record_usc_4e09960259485254791acbc9
Source file: Laws/federal/codes/united-states-code/title-10/section-2147-right-of-member-after-reenlisting-to-transfer-entitlement-to-spouse-or-d--99ae047127.md
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Source location: Title 10, Chapter 106A, § 2147; chapter-106a-educational-assistance-for-persons-enlisting-for-active-duty.md
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**(a)**
(1)
(A) A person who is entitled to educational assistance under [section 2142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2142&num=0&edition=prelim) and who reenlisted in an armed force at any time after the end of the enlistment which established such entitlement may at any time after such reenlistment elect to transfer all or any part of such entitlement to the spouse or dependent child of such person.
(B) The Secretary of the Navy may authorize a member of the Navy or Marine Corps who is entitled to educational assistance under [section 2142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2142&num=0&edition=prelim) and whose enlistment that established such entitlement was the member’s second reenlistment as a member of the armed forces to transfer all or part of such entitlement to the spouse or dependent child of such member after the completion of four years of active service of that second reenlistment if that reenlistment was for a period of at least six years.
(C) A transfer under this paragraph may be revoked at any time by the person making the transfer.
(2) If a person described in paragraph (1) dies before making an election authorized by such paragraph but has never made an election not to transfer such entitlement, any unused entitlement of such person shall be automatically transferred to such person’s surviving spouse or (if there is no eligible surviving spouse) to such person’s dependent children. A surviving spouse to whom entitlement to educational assistance is transferred under this paragraph may elect to transfer such entitlement to the dependent children of the person whose service established such entitlement.
(3) Any transfer of entitlement under this subsection shall be made in accordance with regulations prescribed by the Secretary of the military department concerned.
**(b)** A spouse or surviving spouse or a dependent child to whom entitlement is transferred under subsection (a) is entitled to educational assistance under this chapter in the same manner and at the same rate as the person from whom the entitlement was transferred.
**(c)** The total amount of educational assistance available to a person entitled to educational assistance under [section 2142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2142&num=0&edition=prelim) and to the person’s spouse, surviving spouse, and dependent children is the amount of educational assistance to which the person is entitled. If more than one person is being provided educational assistance for the same period by virtue of the entitlement of the same person, the subsistence allowance authorized by [section 2144 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2144&num=0&edition=prelim) shall be divided in such manner as the person may specify or (if the person fails to specify) as the Secretary concerned may prescribe.
**(d)** In this section:
(1) The term “dependent child” has the meaning given the term “dependent” in [section 1072(2)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1072/2/D&num=0&edition=prelim).
(2) The term “surviving spouse” means a widow or widower who is not remarried.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to subsection (b), a person entitled to educational assistance under this chapter is entitled to receive a monthly subsistence allowance during any period for which educational assistance is provided such person. The amount of a subsistence allowance under this section is $300 per month, adjusted in accordance with [section 2145 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2145&num=0&edition=prelim), in the case of a person pursuing a course of instruction on a full-time basis and is one-half of such amount (as so adjusted) in the case of a person pursuing a course of instruction on less than a full-time basis.
**(b)** The number of months for which a subsistence allowance may be provided to any person under this section is computed on the basis of nine months for each standard academic year of educational assistance to which such person is entitled.
**(c)** For purposes of subsection (a), a person shall be considered to be pursuing a course of instruction on a full-time basis if the person is enrolled in twelve or more semester hours of instruction (or the equivalent, as determined by Secretary concerned).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A program of educational assistance established under this chapter shall provide that any person enlisting or reenlisting in an armed force under the jurisdiction of the Secretary of the military department concerned who meets the eligibility requirements established by the Secretary in accordance with subsection (b) shall, subject to paragraph (3), become entitled to educational assistance under [section 2143 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2143&num=0&edition=prelim) at the time of such enlistment.
(2) The period of educational assistance to which such a person becomes entitled is one standard academic year (or the equivalent) for each year of the enlistment of such person, up to a maximum of four years. However, if the person is discharged or otherwise released from active duty after completing two years of the term of such enlistment but before completing the full term of such enlistment (or before completing four years of such term, in the case of an enlistment of more than four years), then the period of educational assistance to which the person is entitled is one standard academic year (or the equivalent) for each year of active service of such person during such term. For the purposes of the preceding sentence, a portion of a year of active service shall be rounded to the nearest month and shall be prorated to a standard academic year.
(3)
(A) A member who is discharged or otherwise released from active duty before completing two years of active service of an enlistment which is the basis for entitlement to educational assistance under this chapter or who is discharged or otherwise released from active duty under other than honorable conditions is not entitled to educational assistance
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Federal law — U.S. Code and appendices · legal_authorities
Page 1699
TITLE 10—ARMED FORCES
§ 2147
(2) The amount of educational assistance
which may be provided to any person for a
standard academic year (or the equivalent) may
not exceed $1,200, adjusted in accordance with
section 2145 of this title.
(c) In this section, the term ‘‘accredited insti-
tution’’ means a civilian college or university or
a trade, technical, or vocational school in the
United States (including the District of Colum-
bia, the Commonwealth of Puerto Rico, Guam,
and the Virgin Islands) that provides education
at the postsecondary level and that is accredited
by a nationally recognized accrediting agency or
association or by an accrediting agency or asso-
ciation recognized by the Secretary of Edu-
cation.
(Added Pub. L. 96–342, title IX, § 901(a), Sept. 8,
1980, 94 Stat. 1112; amended Pub. L. 100–180, div.
A, title XII, § 1231(18)(A), Dec. 4, 1987, 101 Stat.
1161.)
Editorial Notes
AMENDMENTS
1987—Subsec. (c). Pub. L. 100–180 inserted ‘‘the term’’
after ‘‘In this section,’’.
§ 2144. Subsistence allowance
(a) Subject to subsection (b), a person entitled
to educational assistance under this chapter is
entitled to receive a monthly subsistence allow-
ance during any period for which educational as-
sistance is provided such person. The amount of
a subsistence allowance under this section is
$300 per month, adjusted in accordance with sec-
tion 2145 of this title, in the case of a person pur-
suing a course of instruction on a full-time basis
and is one-half of such amount (as so adjusted)
in the case of a person pursuing a course of in-
struction on less than a full-time basis.
(b) The number of months for which a subsist-
ence allowance may be provided to any person
under this section is computed on the basis of
nine months fo
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