
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC16132]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
  PART IV--TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE 
                                PROGRAMS
 
CHAPTER 1606--EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE
 
Sec. 16132. Eligibility for educational assistance

    (a) A person who--
        (1) after June 30, 1985--
            (A) enlists, reenlists, or extends an enlistment as a 
        Reserve for service in the Selected Reserve for a period of not 
        less than six years; or
            (B) is appointed as, or is serving as, a reserve officer and 
        agrees to serve in the Selected Reserve for a period of not less 
        than six years in addition to any other period of obligated 
        service in the Selected Reserve to which the person may be 
        subject; and

        (2) before applying for benefits under this section, has 
    completed the requirements of a secondary school diploma (or an 
    equivalency certificate);

is entitled to educational assistance under section 16131 of this title.
    (b) Educational assistance may not be provided to a member under 
this chapter until the member has completed the initial period of active 
duty for training required of the member.
    (c) Each person who becomes entitled to educational assistance under 
subsection (a) shall at the time the person becomes so entitled be given 
a statement in writing summarizing the provisions of this chapter and 
stating clearly and prominently the substance of sections 16134 and 
16135 of this title as such sections may apply to the person. At the 
request of the Secretary of Veterans Affairs, the Secretary of Defense 
shall transmit a notice of entitlement for each such person to that 
Secretary.
    (d) A person who serves in the Selected Reserve may not receive 
credit for such service under both the program established by chapter 30 
of title 38 and the program established by this chapter but shall elect 
(in such form and manner as the Secretary of Veterans Affairs may 
prescribe) the program to which such service is to be credited. However, 
a person may not receive credit under the program established by this 
chapter for service (in any grade) on full-time active duty or full-time 
National Guard duty for the purpose of organizing, administering, 
recruiting, instructing, or training the reserve components in a 
position which is included in the end strength required to be authorized 
each year by section 115(a)(1)(B) of this title.

(Added Pub. L. 95-79, title IV, Sec. 402(a), July 30, 1977, 91 Stat. 
329, Sec. 2132; amended Pub. L. 95-485, title IV, Sec. 402(a), Oct. 20, 
1978, 92 Stat. 1613; Pub. L. 96-513, title V, Sec. 511(69), Dec. 12, 
1980, 94 Stat. 2926; Pub. L. 98-525, title VII, Sec. 705(a)(1), Oct. 19, 
1984, 98 Stat. 2565; Pub. L. 100-48, Sec. 4, June 1, 1987, 101 Stat. 
331; Pub. L. 100-689, title I, Secs. 110(b), 111(b)(2)-(4), Nov. 18, 
1988, 102 Stat. 4170, 4173; Pub. L. 101-189, div. A, title VI, 
Secs. 643(a), 645(a), (b)(2), Nov. 29, 1989, 103 Stat. 1458; Pub. L. 
102-25, title VII, Sec. 701(f)(6), Apr. 6, 1991, 105 Stat. 115; 
renumbered Sec. 16132 and amended Pub. L. 103-337, div. A, title XVI, 
Sec. 1663(b)(2), (4), Oct. 5, 1994, 108 Stat. 3006, 3007; Pub. L. 104-
106, div. A, title XV, Sec. 1501(b)(34), Feb. 10, 1996, 110 Stat. 498; 
Pub. L. 106-419, title I, Sec. 102(d), Nov. 1, 2000, 114 Stat. 1825.)


                               Amendments

    2000--Subsec. (a)(2). Pub. L. 106-419 amended par. (2) generally. 
Prior to amendment, par. (2) read as follows: ``before completing 
initial active duty for training has completed the requirements of a 
secondary school diploma (or an equivalency certificate), or in the case 
of an individual who reenlists or extends an enlistment as described in 
paragraph (1)(A) of this subsection, has completed such requirements at 
any time before such reenlistment or extension;''.
    1996--Subsec. (c). Pub. L. 104-106 substituted ``sections 16134'' 
for ``section 16134''.
    1994--Pub. L. 103-337, Sec. 1663(b)(2), renumbered section 2132 of 
this title as this section.
    Subsec. (a). Pub. L. 103-337, Sec. 1663(b)(4)(A), substituted 
``16131'' for ``2131'' in concluding provisions.
    Subsec. (c). Pub. L. 103-337, Sec. 1663(b)(4)(B), substituted 
``section 16134 and 16135'' for ``sections 2134 and 2135''.
    1991--Subsec. (d). Pub. L. 102-25 substituted ``section 
115(a)(1)(B)'' for ``section 115(b)(1)(A)(ii)''.
    1989--Subsec. (c). Pub. L. 101-189, Sec. 645(a), substituted 
``Secretary of Veterans Affairs'' for ``Administrator of Veterans' 
Affairs'' and ``to that Secretary'' for ``to the Administrator''.
    Subsec. (d). Pub. L. 101-189, Sec. 645(a)(1), (b)(2), substituted 
``A person'' for ``An individual'' and ``Secretary of Veterans Affairs'' 
for ``Administrator of Veterans' Affairs''.
    Pub. L. 101-189, Sec. 643(a), inserted at end ``However, a person 
may not receive credit under the program established by this chapter for 
service (in any grade) on full-time active duty or full-time National 
Guard duty for the purpose of organizing, administering, recruiting, 
instructing, or training the reserve components in a position which is 
included in the end strength required to be authorized each year by 
section 115(b)(1)(A)(ii) of this title.''
    1988--Subsec. (a)(2). Pub. L. 100-689, Sec. 111(b)(2), substituted 
``completed the requirements of'' for ``received'', and inserted before 
semicolon at end ``, or in the case of an individual who reenlists or 
extends an enlistment as described in paragraph (1)(A) of this 
subsection, has completed such requirements at any time before such 
reenlistment or extension''.
    Subsec. (b). Pub. L. 100-689, Sec. 110(b), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: 
``Educational assistance may not be provided to a member under this 
chapter until the member--
        ``(1) has completed the initial period of active duty for 
    training required of the member; and
        ``(2) has completed 180 days of service in the Selected 
    Reserve.''
    Subsec. (c). Pub. L. 100-689, Sec. 111(b)(3), inserted at end ``At 
the request of the Administrator of Veterans' Affairs, the Secretary of 
Defense shall transmit a notice of entitlement for each such person to 
the Administrator.''
    Subsec. (d). Pub. L. 100-689, Sec. 111(b)(4), amended subsec. (d) 
generally. Prior to amendment, subsec. (d) read as follows: ``A person 
who is entitled to educational assistance under chapter 30 of title 38 
based on section 1412 of that title may not also be provided educational 
assistance under this chapter.''
    1987--Subsec. (a)(1). Pub. L. 100-48 substituted ``after June 30, 
1985'' for ``during the period beginning on July 1, 1985, and ending on 
June 30, 1988''.
    1984--Pub. L. 98-525 amended section generally, updating provisions 
covering eligibility for educational assistance to cover the period 
beginning July 1, 1985, and ending June 30, 1988.
    1980--Pub. L. 96-513 inserted ``of this title'' after ``section 
2131'' wherever appearing.
    1978--Subsec. (b)(1). Pub. L. 95-485 substituted ``not less than six 
years'' for ``automatically extended by two years'' and ``last day of 
the term'' for ``eighth anniversary''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective as if included in the Reserve 
Officer Personnel Management Act, title XVI of Pub. L. 103-337, as 
enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104-106, set 
out as a note under section 113 of this title.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as 
otherwise provided, see section 1691 of Pub. L. 103-337, set out as an 
Effective Date note under section 10001 of this title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-525 effective July 1, 1985, applicable only 
to members of the Armed Forces who qualify for educational assistance 
under this chapter on or after such date, see section 705(b) of Pub. L. 
98-525, set out as a note under section 16131 of this title.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this 
title.


                            Savings Provision

    Section 643(b) of Pub. L. 101-189 provided that: ``The amendment 
made by subsection (a) [amending this section] shall not affect the 
eligibility for educational assistance of any person who before the date 
of the enactment of this Act [Nov. 29, 1989] is entitled to educational 
assistance under section 2131(a) [now 16131(a)] of title 10, United 
States Code.''

                  Section Referred to in Other Sections

    This section is referred to in sections 16131, 16135 of this title.
