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

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 because of a dis- ability which was not the result of the individ- ual’s own willful misconduct incurred on or after the date on which such person became en- titled to educational assistance under this chap- ter, such person’s entitlement to educational as- sistance expires at the end of the 10-year period beginning on the date on which such person be- came entitled to such assistance. (2) The provisions of subsections (d) and (f) of section 3031 of title 38 shall apply to the period of entitlement prescribed by paragraph (1). (Added Pub. L. 108–375, div. A, title V, § 527(a), Oct. 28, 2004, 118 Stat. 1892; amended Pub. L. 110–181, div. A, title V, § 530(a)(1), Jan. 28, 2008, 122 Stat. 110; Pub. L. 110–417, [div. A], title V, § 546(a), Oct. 14, 2008, 122 Stat. 4466.) Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–181 substituted ‘‘this chapter—’’ and pars. (1) and (2) for ‘‘this chapter while serving— ‘‘(1) 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 ‘‘(2) in the Ready Reserve, in the case of a member ordered to active duty while serving in the Ready Re- serve (other than the Selected Reserve).’’ Subsec. (a)(2). Pub. L. 110–417 substituted ‘‘honorable conditions’’ for ‘‘other than dishonorable conditions’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–417, [div. A], title V, § 546(b), Oct. 14, 2008, 122 Stat. 4466, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Oct. 14, 2008] and shall apply to a person described in section 16163 of title 10, United States Code, who— ‘‘(1) separates from a reserve component on or after January 28, 2008, the date of the enactment of the Na- tional Defense Authorization Act for Fiscal Year 2008 [Pub. L. 110–181]; and ‘‘(2) as of the date of the enactment of this Act, has not used any of the person’s entitlement to edu- cational assistance under chapter 1607 of such title.’’ Pub. L. 110–181, div. A, title V, § 530(c), Jan. 28, 2008, 122 Stat. 110, provided that: ‘‘The amendments made by this section [amending this section and section 16165 of this title] shall take effect as of October 28, 2004, as if included in the enactment of the Ronald W. Reagan Na- tional Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375), to which such amendments re- late.’’ § 16165. Termination of assistance (a) IN GENERAL.—Except as provided in sub- section (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 as- sistance under section 2107 of this title as a member of the Senior Reserve Officers’ Train- ing Corps program; or (2) when the member separates from the Ready Reserve as provided in section 16164(a)(1) of this title, or upon completion of the period provided for in section 16164(a)(2) of this title, as applicable. (b) EXCEPTION.—Under regulations prescribed by the Secretary of Defense, educational assist- ance 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 Se- lected Reserve if the member continues to serve in the Ready Reserve during and after such break in service. (Added Pub. L. 108–375, div. A, title V, § 527(a), Oct. 28, 2004, 118 Stat. 1893; amended Pub. L. 109–163, div. A, title V, § 540(b), Jan. 6, 2006, 119 Stat. 3251; Pub. L. 110–181, div. A, title V, § 530(a)(2), (b), Jan. 28, 2008, 122 Stat. 110.) Editorial Notes AMENDMENTS 2008—Subsec. (a)(2). Pub. L. 110–181, § 530(a)(2), amend- ed par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘when the member separates from the Ready Reserve, as provided for under section 16164(a)(1) or section 16164(a)(2), as applicable, of this title.’’ Subsec. (b). Pub. L. 110–181, § 530(b), struck out ‘‘of not more than 90 days’’ after ‘‘in the Selected Reserve’’. 2006—Pub. L. 109–163 designated existing provisions as subsec. (a), inserted heading, substituted ‘‘Except as