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10 U.S.C. § 2142 — Educational assistance program: eligibility

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

10 U.S.C. § 2142 — Educational assistance program: eligibility

**(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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Source file: Laws/federal/codes/united-states-code/title-10/section-2142-educational-assistance-program-eligibility--48ff8c5819.md
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Source location: Title 10, Chapter 106A, § 2142; chapter-106a-educational-assistance-for-persons-enlisting-for-active-duty.md

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**(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 under this chapter. (B) Entitlement to educational assistance under this chapter may not be used until a member has completed two years of active service of the enlistment which is the basis for entitlement to such educational assistance. **(b)** In establishing requirements for eligibility for an educational assistance program under this chapter, the Secretary concerned shall limit eligibility to persons who— (1) enlist or reenlist for service on active duty as a member of the Army, Navy, Air Force, or Marine Corps after September 30, 1980, and before October 1, 1981; (2) are graduates from a secondary school; and (3) meet such other requirements as the Secretary may consider appropriate for the purposes of this chapter and the needs of the armed forces.

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

10 U.S.C. § 2143 — Educational assistance: amount

**(a)** Subject to subsection (b), an educational assistance program established under [section 2141 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2141&num=0&edition=prelim) shall provide for payment by the Secretary concerned of educational expenses incurred for instruction at an accredited institution by a person entitled to such assistance under this chapter. Expenses for which payment may be made under this section include tuition, fees, books, laboratory fees, and shop fees for consumable materials used as part of classroom or laboratory instruction. Payments under this section shall be limited to those educational expenses normally incurred by students at the institution involved. **(b)** (1) The Secretary concerned shall establish the amount of educational assistance for a standard academic year (or the equivalent) to which a person becomes entitled under this chapter at the time of an enlistment described in [section 2142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2142&num=0&edition=prelim). Depending on the needs of the service, different amounts may be established for different categories of persons or enlistments. The amount of educational assistance to which any person is entitled shall be 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). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2145&num=0&edition=prelim). **(c)** In

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

10 U.S.C. § 2147 — Right of member after reenlisting to transfer entitlement to spouse or dependent children

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

10 U.S.C. § 2142 — Educational assistance program: eligi-

Page 1698 TITLE 10—ARMED FORCES § 2142 retary only for the purpose of encouraging persons who possess critical military specialties (as determined by the Secretary of Defense) to enter or to remain in the Armed Forces. ‘‘(2) Except as otherwise provided in this section, the Secretary of Defense may offer the benefits of this sec- tion to persons eligible therefor for such period as the Secretary determines necessary or appropriate to achieve the purpose of this section. ‘‘(f) As used in this section: ‘‘(1) The term ‘program of education’ shall have the same meaning as provided in chapter 32 of title 38, United States Code. ‘‘(2) The term ‘child’ shall have the same meaning as provided in section 101(4) of title 38, United States Code. ‘‘(3) The term ‘Armed Forces’ means the Army, Navy, Air Force, and Marine Corps.’’ AUTHORIZATION OF APPROPRIATIONS; ALLOCATION OF AMOUNTS Pub. L. 96–342, title IX, § 904, Sept. 8, 1980, 94 Stat. 1116, provided that: ‘‘(a) There is hereby authorized to be appropriated to carry out chapter 107 of title 10, United States Code (as added by section 901), and sections 902 and 903 [set out above] a total of $75,000,000. ‘‘(b) The Secretary of Defense shall equitably allocate the amount appropriated under this section among the educational assistance program provided for under chapter 107 of title 10, United States Code (as added by section 901), the repayment as authorized by section 902 [set out above] of loans made, insured, or guaranteed under part B of the Higher Education Act of 1965 [20 U.S.C. 1071 et seq.] and of loans made under part E of such Act [20 U.S.C. 1087aa et seq.], and the educational assistance program provided for under section 903 [set out above].’’ REPORTS ON EDUCATIONAL ASSISTANCE PROGRAMS;

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2142

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