
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC16133]

 
                         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. 16133. Time limitation for use of entitlement

    (a) Except as provided in subsection (b), the period during which a 
person entitled to educational assistance under this chapter may use 
such person's entitlement expires (1) at the end of the 10-year period 
beginning on the date on which such person becomes entitled to such 
assistance, or (2) on the date the person is separated from the Selected 
Reserve, whichever occurs first.
    (b)(1) In the case of a person--
        (A) who is separated from the Selected Reserve because of a 
    disability which was not the result of the individual's own willful 
    misconduct incurred on or after the date on which such person became 
    entitled to educational assistance under this chapter; or
        (B) who, on or after the date on which such person became 
    entitled to educational assistance under this chapter ceases to be a 
    member of the Selected Reserve during the period beginning on 
    October 1, 1991, and ending on December 31, 2001, by reason of the 
    inactivation of the person's unit of assignment or by reason of 
    involuntarily ceasing to be designated as a member of the Selected 
    Reserve pursuant to section 10143(a) of this title,

the period for using entitlement prescribed by subsection (a) shall be 
determined without regard to clause (2) of such subsection.
    (2) The provisions of section 3031(f) of title 38 shall apply to the 
period of entitlement prescribed by subsection (a).
    (3) The provisions of section 3031(d) of title 38 shall apply to the 
period of entitlement prescribed by subsection (a) in the case of a 
disability incurred in or aggravated by service in the Selected Reserve.
    (4) In the case of a member of the Selected Reserve of the Ready 
Reserve who serves on active duty pursuant to an order to active duty 
issued under section 12301(a), 12301(d), 12301(g), 12302, or 12304 of 
this title--
        (A) the period of such active duty service plus four months 
    shall not be considered in determining the expiration date 
    applicable to such member under subsection (a); and
        (B) the member may not be considered to have been separated from 
    the Selected Reserve for the purposes of clause (2) of such 
    subsection by reason of the commencement of such active duty 
    service.

(Added Pub. L. 95-79, title IV, Sec. 402(a), July 30, 1977, 91 Stat. 
329, Sec. 2133; amended Pub. L. 96-107, title IV, Sec. 402(b), Nov. 9, 
1979, 93 Stat. 808; Pub. L. 96-513, title V, Sec. 511(70), Dec. 12, 
1980, 94 Stat. 2926; Pub. L. 98-525, title VII, Sec. 705(a)(1), Oct. 19, 
1984, 98 Stat. 2566; Pub. L. 100-456, div. A, title XII, 
Sec. 1233(g)(2), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 100-689, title 
I, Sec. 111(b)(5), Nov. 18, 1988, 102 Stat. 4173; Pub. L. 102-127, 
Sec. 3, Oct. 10, 1991, 105 Stat. 622; Pub. L. 102-484, div. D, title 
XLIV, Sec. 4419(a), Oct. 23, 1992, 106 Stat. 2717; Pub. L. 102-568, 
title III, Sec. 320(a)(2), Oct. 29, 1992, 106 Stat. 4335; Pub. L. 103-
160, div. A, title V, Sec. 561(m), Nov. 30, 1993, 107 Stat. 1668; 
renumbered Sec. 16133 and amended Pub. L. 103-337, div. A, title XVI, 
Sec. 1663(b)(2), (5), Oct. 5, 1994, 108 Stat. 3006, 3007; Pub. L. 105-
85, div. A, title V, Sec. 553(b), Nov. 18, 1997, 111 Stat. 1748; Pub. L. 
105-261, div. A, title V, Sec. 561(q), Oct. 17, 1998, 112 Stat. 2027; 
Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 571(p)], Oct. 30, 2000, 
114 Stat. 1654, 1654A-135.)


                               Amendments

    2000--Subsec. (b)(1)(B). Pub. L. 106-398 substituted ``December 31, 
2001'' for ``September 30, 2001''.
    1998--Subsec. (b)(1)(B). Pub. L. 105-261 substituted ``September 30, 
2001'' for ``September 30, 1999''.
    1997--Subsec. (b)(4). Pub. L. 105-85 struck out ``(A)'' before ``In 
the case of'', redesignated cls. (i) and (ii) as subpars. (A) and (B), 
respectively, struck out ``, during the Persian Gulf War,'' after 
``Ready Reserve who'', and struck out former subpar. (B) which read as 
follows: ``For the purposes of this paragraph, the term `Persian Gulf 
War' shall have the meaning given such term in section 101(33) of title 
38.''
    1994--Pub. L. 103-337, Sec. 1663(b)(2), renumbered section 2133 of 
this title as this section.
    Subsec. (b)(1)(B). Pub. L. 103-337, Sec. 1663(b)(5)(A), substituted 
``10143(a)'' for ``268(b)''.
    Subsec. (b)(4)(A). Pub. L. 103-337, Sec. 1663(b)(5)(B), substituted 
``12301(a), 12301(d), 12301(g), 12302, or 12304'' for ``672(a), (d), or 
(g), 673, or 673b''.
    1993--Subsec. (b)(1)(B). Pub. L. 103-160 substituted ``September 30, 
1999'' for ``September 30, 1995''.
    1992--Subsec. (b)(1). Pub. L. 102-484 amended par. (1) generally. 
Prior to amendment, par. (1) read as follows: ``In the case of a person 
separated from the Selected Reserve because of a disability which was 
not the result of the individual's own willful misconduct incurred on or 
after the date on which such person became entitled to educational 
assistance under this chapter, the period for using entitlement 
prescribed by subsection (a) shall be determined without regard to 
clause (2) of such subsection.''
    Subsec. (b)(2), (3). Pub. L. 102-568 substituted ``section 3031(f) 
of title 38'' for ``section 1431(f) of title 38'' in par. (2) and 
``section 3031(d) of title 38'' for ``section 1431(d) of title 38'' in 
par. (3).
    1991--Subsec. (b)(4). Pub. L. 102-127 added par. (4).
    1988--Subsec. (a). Pub. L. 100-689, Sec. 111(b)(5)(A), substituted 
``chapter'' for ``section''.
    Subsec. (b). Pub. L. 100-689, Sec. 111(b)(5)(B), added par. (1), 
redesignated existing pars. (1) and (2) as (2) and (3), respectively, 
and directed the substitution of ``1431(f)'' for ``1431(e)'' in par. (2) 
as redesignated, which could not be executed because such substitution 
was previously made by Pub. L. 100-456, prior to redesignation of par. 
(1) as (2), see below.
    Pub. L. 100-456 substituted ``section 1431(f)'' for ``section 
1431(e)'' in par. (1).
    1984--Pub. L. 98-525 amended section generally, substituting 
provisions setting a time limit for the use of educational entitlement 
for provisions covering the termination of assistance and refund by 
members. See section 2134 of this title.
    1980--Subsec. (a). Pub. L. 96-513 inserted ``of this title'' after 
``2131'' and ``2107''.
    1979--Subsec. (b). Pub. L. 96-107 redesignated existing provisions 
as par. (1), inserted provisions respecting agreement for term of 
enlistment, substituted provisions relating to computation under par. 
(2) for provisions relating to computation under section 2131, and added 
par. (2).


                    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.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-107 applicable only to individuals enlisting 
in the Reserves after Sept. 30, 1979, see section 402(c) of Pub. L. 96-
107, set out as a note under section 16131 of this title.
