
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: 10USC2142]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                    PART III--TRAINING AND EDUCATION
 
  CHAPTER 107--EDUCATIONAL ASSISTANCE FOR PERSONS ENLISTING FOR ACTIVE 
                                  DUTY
 
Sec. 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 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.

(Added Pub. L. 96-342, title IX, Sec. 901(a), Sept. 8, 1980, 94 Stat. 
1111.)

                  Section Referred to in Other Sections

    This section is referred to in sections 2143, 2147, 2149 of this 
title.
