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38 U.S.C. § 3021 — Supplemental educational assistance for additional service
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, may provide for the payment of supplemental educational assistance under this subchapter to any individual eligible for basic educational assistance under section 3011 or 3018 of this title who—
(1) serves five or more consecutive years of active duty in the Armed Forces after the years of active duty counted under [section 3011(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3011/a/1&num=0&edition=prelim) without a break in such service; and
(2) after completion of the service described in clause (1) of this subsection—
(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list;
(B) continues on active duty without a break in service; or
(C) is released from active duty for further service in a reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service.
**(b)** The Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, may provide for the payment of supplemental educational assistance under this subchapter to any individual eligible for basic educational assistance under section 3012 or 3018 of this title who—
(1) serves two or more consecutive years of active duty in the Armed Forces after the years of active duty counted under [section 3012(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3012/a/1&num=0&edition=prelim) and four or more consecutive years of duty in the Selected Reserve after the years of
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Stable record: federal_law:legal_authorities:record_usc_616f8a93963f7b39f7ee6c04
Source file: Laws/federal/codes/united-states-code/title-38/section-3021-supplemental-educational-assistance-for-additional-service--605522fbed.md
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Source location: Title 38, Chapter 30, § 3021; chapter-030-all-volunteer-force-educational-assistance-program.md
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**(a)** The Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, may provide for the payment of supplemental educational assistance under this subchapter to any individual eligible for basic educational assistance under section 3011 or 3018 of this title who—
(1) serves five or more consecutive years of active duty in the Armed Forces after the years of active duty counted under [section 3011(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3011/a/1&num=0&edition=prelim) without a break in such service; and
(2) after completion of the service described in clause (1) of this subsection—
(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list;
(B) continues on active duty without a break in service; or
(C) is released from active duty for further service in a reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service.
**(b)** The Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, may provide for the payment of supplemental educational assistance under this subchapter to any individual eligible for basic educational assistance under section 3012 or 3018 of this title who—
(1) serves two or more consecutive years of active duty in the Armed Forces after the years of active duty counted under [section 3012(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3012/a/1&num=0&edition=prelim) and four or more consecutive years of duty in the Selected Reserve after the years of duty in the Selected Reserve counted under such section without a break in service; and
(2) after completion of the service described in clause (1) of this subsection—
(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list; or
(B) continues on active duty or in the Selected Reserve.
**(c)** Continuity of service of a member in the Selected Reserve for purposes of subsection (b)(1) of this section shall not be considered to be broken—
(1) by any period of time (not to exceed a maximum period prescribed by the Secretary concerned by regulation) during which the member is not able to locate a unit of the Selected Reserve of the member’s Armed Force that the member is eligible to join or that has a vacancy; or
(2) by any other period of time (not to exceed a maximum period prescribed by the Secretary concerned by regulation) during which the member is not attached to a unit of the Selected Reserve that the Secretary concerned, pursuant to regulations, considers to be inappropriate to consider for such purpose.
**(d)** A period of active duty or duty in the Selected Reserve that occurs before the period of duty by which the individual concerned qualifies for basic educational assistance may not be counted for purposes of this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in sections 3329 and 3330 of title 31, periodic monetary benefits (other than insurance and servicemen’s indemnity) under laws administered by the Secretary to which an individual was entitled at death under existing ratings or decisions or those based on evidence in the file at date of death (hereinafter in this section and [section 5122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5122&num=0&edition=prelim) referred to as “accrued benefits”) and due and unpaid, shall, upon the death of such individual be paid as follows:
(1) Upon the death of a person receiving an apportioned share of benefits payable to a veteran, all or any part of such benefits to the veteran or to any other dependent or dependents of the veteran, as may be determined by the Secretary.
(2) Upon the death of a veteran, to the living person first listed below:
(A) The veteran’s spouse.
(B) The veteran’s children (in equal shares).
(C) The veteran’s dependent parents (in equal shares).
(3) Upon the death of a surviving spouse or remarried surviving spouse, to the children of the deceased veteran.
(4) Upon the death of a child, to the surviving children of the veteran who are entitled to death compensation, dependency and indemnity compensation, or death pension.
(5) Upon the death of a child claiming benefits under chapter 18 of this title, to the surviving parents.
(6) In all other cases, only so much of the accrued benefits may be paid as may be necessary to reimburse the person who bore the expense of last sickness and burial.
**(b)** No part of any accrued benefits shall be used to reimburse any political subdivision of the United States for expenses incurred in the last sickness or burial of any beneficiary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5121
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under such regulations as the Secretary of Defense may prescribe after consultation with the Secretary of Homeland Security and subject to subsection (b), the Secretary concerned may grant to any eligible member (as defined in subsection (e)) a leave of absence for the purpose of permitting the member to pursue a program of education. The period of a leave of absence granted under this section may not exceed two years, except that the period may exceed two years but may not exceed three years in the case of an eligible member pursuing a program of education in a health care profession.
**(b)**
(1) A member may not be granted a leave of absence under this section unless—
(A) in the case of an enlisted member, the member agrees in writing to extend his current enlistment after completion (or other termination) of the program of education for which the leave of absence was granted for a period of two months for each month of the period of the leave of absence; and
(B) in the case of an officer, the member agrees to serve on active duty after completion (or other termination) of the program of education for which the leave of absence was granted for a period (in addition to any other period of obligated service on active duty) of two months for each month of the period of the leave of absence.
(2) A member may not be granted a leave of absence under this section until he has completed any extension of enlistment or reenlistment, or any period of obligated service, incurred by reason of any previous leave of absence granted under this section.
**(c)**
(1) While on a leave of absence under this section, a member shall be paid basic pay but may not receive basic allowance for housing under [section 403 of title 37](https://uscode.house.gov/view.xhtml?req=gra
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 708
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The amount of payment of educational assistance under this chapter is subject to [section 3032 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3032&num=0&edition=prelim). Except as otherwise provided under subsection (b) of this section, supplemental educational assistance under [section 3021 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3021&num=0&edition=prelim) shall be paid—
(1) at a monthly rate of $300 for an approved program of education pursued on a full-time basis; or
(2) at an appropriately reduced rate, as determined under regulations which the Secretary shall prescribe, for an approved program of education pursued on less than a full-time basis.
**(b)** In the case of a member of the Armed Forces for whom the Secretary concerned has provided for the payment of supplemental educational assistance who has a skill or specialty designated by the Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, as a skill or specialty in which there is a critical shortage of personnel, the Secretary concerned, pursuant to such regulations, may increase the rate of the supplemental educational assistance allowance applicable to such individual to such rate in excess of the rate prescribed under subsection (a) of this section as the Secretary concerned considers appropriate, but the amount of any such increase may not exceed $300 per month.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3022
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall increase the monthly basic educational assistance allowance paid to an individual who is entitled to supplemental educational assistance under this subchapter by the monthly amount of the supplemental educational assistance to which the individual is entitled.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3023
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Federal law — U.S. Code and appendices · legal_authorities
Page 674
TITLE 38—VETERANS’ BENEFITS
§ 3021
(l) SECRETARY CONCERNED DEFINED.—Notwith-
standing section 101(25) of this title, in this sec-
tion, the term ‘‘Secretary concerned’’ means—
(1) the Secretary of the Army with respect
to matters concerning the Army;
(2) the Secretary of the Navy with respect to
matters concerning the Navy or the Marine
Corps;
(3) the Secretary of the Air Force with re-
spect to matters concerning the Air Force or
the Space Force; and
(4) the Secretary of Defense with respect to
matters concerning the Coast Guard, or the
Secretary of Homeland Security when it is not
operating as a service in the Navy.
(Added Pub. L. 107–107, div. A, title VI, § 654(a)(1),
Dec. 28, 2001, 115 Stat. 1153; amended Pub. L.
107–296, title XVII, § 1704(d), Nov. 25, 2002, 116
Stat. 2315; Pub. L. 107–314, div. A, title VI,
§ 643(a), Dec. 2, 2002, 116 Stat. 2577; Pub. L.
110–252, title V, § 5006(a), June 30, 2008, 122 Stat.
2380; Pub. L. 112–81, div. A, title X, § 1063(b), Dec.
31, 2011, 125 Stat. 1586; Pub. L. 116–283, div. A,
title IX, § 926(f), Jan. 1, 2021, 134 Stat. 3831.)
Editorial Notes
PRIOR PROVISIONS
A prior section 3020 was renumbered section 5120 of
this title.
AMENDMENTS
2021—Subsec. (l)(3). Pub. L. 116–283 inserted ‘‘or the
Space Force’’ before semicolon.
2011—Subsecs. (l), (m). Pub. L. 112–81 redesignated
subsec. (m) as (l) and struck out former subsec. (l)
which required the Secretary of Defense to submit an
annual report on approved transfers of entitlement to
basic educational assistance.
2008—Pub. L. 110–252, § 5006(a)(1), substituted ‘‘Author-
ity to transfer unused education benefits to family
members for career service members’’ for ‘‘Transfer of
entitlement to basic educational assistance: members
of the Armed Forc
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3021
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.