
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 102(b)]
[Document affected by Public Law 106-419 Section 103(b)]
[Document affected by Public Law 106-419 Section 105(a)(2)]
[Document affected by Public Law 106-419 Section 404(a)(6)]
[Document affected by Public Law 107-103 Section 105(b)]
[Document affected by Public Law 107-103 Section 106(a)]
[Document affected by Public Law 107-14 Section 7(c)(2)]
[CITE: 38USC3012]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
     CHAPTER 30--ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM
 
               SUBCHAPTER II--BASIC EDUCATIONAL ASSISTANCE
 
Sec. 3012. Basic educational assistance entitlement for service 
        in the Selected Reserve
        
    (a) Except as provided in subsection (d) of this section, each 
individual--
        (1) who--
            (A) after June 30, 1985, first becomes a member of the Armed 
        Forces or first enters on active duty as a member of the Armed 
        Forces and--
                (i) serves, as the individual's initial obligated period 
            of active duty, at least two years of continuous active duty 
            in the Armed Forces, subject to subsection (b) of this 
            section, characterized by the Secretary concerned as 
            honorable service; and
                (ii) subject to subsection (b) of this section and 
            beginning within one year after completion of the service on 
            active duty described in subclause (i) of this clause, 
            serves at least four years of continuous duty in the 
            Selected Reserve during which the individual participates 
            satisfactorily in training as required by the Secretary 
            concerned; or

            (B) as of December 31, 1989, is eligible for educational 
        assistance under chapter 34 of this title and was on active duty 
        at any time during the period beginning on October 19, 1984, and 
        ending on July 1, 1985, continued on active duty without a break 
        in service and--
                (i) after June 30, 1985, serves at least two years of 
            continuous active duty in the Armed Forces, subject to 
            subsection (b) of this section, characterized by the 
            Secretary concerned as honorable service; and
                (ii) after June 30, 1985, subject to subsection (b) of 
            this section and beginning within one year after completion 
            of such two years of service, serves at least four 
            continuous years in the Selected Reserve during which the 
            individual participates satisfactorily in training as 
            prescribed by the Secretary concerned;

        (2) who, except as provided in subsection (f) of this section, 
    before completion of the service described in clause (1) of this 
    subsection, has completed the requirements of a secondary school 
    diploma (or an equivalency certificate), except that (i) an 
    individual described in clause (1)(B) of this subsection may meet 
    the requirement of this clause by having successfully completed (or 
    otherwise received academic credit for) the equivalent of 12 
    semester hours in a program of education leading to a standard 
    college degree, and (ii) an individual described in clause (1)(A) of 
    this subsection may meet such requirement by having successfully 
    completed (or otherwise received academic credit for) the equivalent 
    of such 12 semester hours before the end of the individual's initial 
    obligated period of active duty; and
        (3) who, after completion of the service described in clause (1) 
    of this subsection--
            (A) is discharged from service with an honorable discharge, 
        is placed on the retired list, or is transferred to the Standby 
        Reserve or an element of the Ready Reserve other than the 
        Selected Reserve after service in the Selected Reserve 
        characterized by the Secretary concerned as honorable service; 
        or
            (B) continues on active duty or in the Selected Reserve;

is entitled to basic educational assistance under this chapter.
    (b)(1)(A) The requirement of two years of service under clauses 
(1)(A)(i) and (1)(B)(i) of subsection (a) of this section is not 
applicable to an individual who is discharged or released, during such 
two years, from active duty in the Armed Forces (i) for a service-
connected disability, (ii) for a medical condition which preexisted such 
service on active duty and which the Secretary determines is not service 
connected, (iii) for hardship, (iv) in the case of an individual 
discharged or released after 20 months of such service, for the 
convenience of the Government, (v) involuntarily for the convenience of 
the Government as a result of a reduction in force, as determined by the 
Secretary of the military department concerned in accordance with 
regulations prescribed by the Secretary of Defense or by the Secretary 
of Transportation with respect to the Coast Guard when it is not 
operating as a service in the Navy, or (vi) for a physical or mental 
condition that was not characterized as a disability, as described in 
section 3011(a)(1)(A)(ii)(I) of this title.
    (B) The requirement of four years of service under clauses 
(1)(A)(ii) and (1)(B)(ii) of subsection (a) of this section is not 
applicable to an individual--
        (i) who, during the two years of service described in clauses 
    (1)(A)(i) and (1)(B)(i) of subsection (a) of this section, was 
    discharged or released from active duty in the Armed Forces for a 
    service-connected disability, for a medical condition which 
    preexisted such service on active duty and which the Secretary 
    determines is not service connected, or for a physical or mental 
    condition not characterized as a disability, as described in section 
    3011(a)(1)(A)(ii)(I) of this title, if the individual was obligated, 
    at the beginning of such two years of service, to serve such four 
    years of service;
        (ii) who, during the four years of service described in clauses 
    (1)(A)(ii) and (1)(B)(ii) of subsection (a) of this section, is 
    discharged or released from service in the Selected Reserve (I) for 
    a service-connected disability, (II) for a medical condition which 
    preexisted the individual's becoming a member of the Selected 
    Reserve and which the Secretary determines is not service connected, 
    (III) for hardship, (IV) in the case of an individual discharged or 
    released after 30 months of such service, for the convenience of the 
    Government, (V) involuntarily for the convenience of the Government 
    as a result of a reduction in force, as determined by the Secretary 
    of the military department concerned in accordance with regulations 
    prescribed by the Secretary of Defense or by the Secretary of 
    Transportation with respect to the Coast Guard when it is not 
    operating as a service in the Navy, or (VI) for a physical or mental 
    condition not characterized as a disability, as described in section 
    3011(a)(1)(A)(ii)(I) of this title; or
        (iii) who, before completing the four years of service described 
    in clauses (1)(A)(ii) and (1)(B)(ii) of subsection (a) of this 
    section, ceases to be a member of the Selected Reserve during the 
    period beginning on October 1, 1991, and ending on September 30, 
    1999, 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 
    title 10.

    (2) After an individual begins service in the Selected Reserve 
within one year after completion of the service described in clause 
(A)(i) or (B)(i) of subsection (a)(1) of this section, the continuity of 
service of such individual as a member of the Selected Reserve shall not 
be considered to be broken--
        (A) by any period of time (not to exceed a maximum period 
    prescribed by the Secretary concerned by regulation) during which 
    the member is not able to locate a unit of the Selected Reserve of 
    the member's Armed Force that the member is eligible to join or that 
    has a vacancy; or
        (B) by any other period of time (not to exceed a maximum period 
    prescribed by the Secretary concerned by regulation) during which 
    the member is not attached to a unit of the Selected Reserve that 
    the Secretary concerned, pursuant to regulations, considers to be 
    inappropriate to consider for such purpose.

    (c) The basic pay of any individual described in subsection 
(a)(1)(A) of this section who does not make an election under subsection 
(d)(1) of this section shall be reduced by $100 for each of the first 12 
months that such individual is entitled to such pay. Any amount by which 
the basic pay of an individual is reduced under this chapter shall 
revert to the Treasury and shall not, for purposes of any Federal law, 
be considered to have been received by or to be within the control of 
such individual.
    (d)(1) An individual described in subsection (a)(1)(A) of this 
section may make an election not to receive educational assistance under 
this chapter. Any such election shall be made at the time the individual 
initially enters on active duty as a member of the Armed Forces. Any 
individual who makes such an election is not entitled to educational 
assistance under this chapter.
    (2) An individual who after December 31, 1976, receives a commission 
as an officer in the Armed Forces upon graduation from the United States 
Military Academy, the United States Naval Academy, the United States Air 
Force Academy, or the Coast Guard Academy is not eligible for 
educational assistance under this section.
    (3) An individual who after December 31, 1976, receives a commission 
as an officer in the Armed Forces upon completion of a program of 
educational assistance under section 2107 of title 10 is not eligible 
for educational assistance under this section if the individual enters 
on active duty--
        (A) before October 1, 1996; or
        (B) after September 30, 1996, and while participating in such 
    program received more than $2,000 for each year of such 
    participation.

    (e)(1) An individual described in subclause (I) or (III) of 
subsection (b)(1)(B)(ii) of this section may elect entitlement to basic 
educational assistance under section 3011 of this title, based on an 
initial obligated period of active duty of two years, in lieu of 
entitlement to assistance under this section.
    (2) An individual who makes the election described in paragraph (1) 
of this subsection shall, for all purposes of this chapter, be 
considered entitled to educational assistance under section 3011 of this 
title and not under this section. Such an election is irrevocable.
    (f) For the purposes of subsection (a)(2) of this section, an 
individual who was on active duty on August 2, 1990, and who completes 
the requirements of a secondary school diploma (or equivalency 
certificate) before October 28, 1994, shall be considered to have 
completed such requirements within the individual's initial obligated 
period of active duty.
    (g)(1) The Secretary concerned shall inform any member of the Armed 
Forces who has not completed that member's initial service (as described 
in paragraph (2)) and who indicates the intent to be discharged or 
released from such service for the convenience of the Government of the 
minimum service requirements for entitlement to educational assistance 
benefits under this chapter. Such information shall be provided to the 
member in a timely manner.
    (2) The initial service referred to in paragraph (1) is the initial 
obligated period of active duty (described in subparagraphs \1\ (A)(i) 
or (B)(i) of subsection (a)(1)) or the period of service in the Selected 
Reserve (described in subparagraphs \1\ (A)(ii) or (B)(ii) of subsection 
(a)(1)).
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``subparagraph''.
---------------------------------------------------------------------------

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 
Stat. 2555, Sec. 1412; amended Pub. L. 99-145, title VI, Sec. 674(2), 
Nov. 8, 1985, 99 Stat. 665; Pub. L. 99-576, title III, Secs. 303(a)(2), 
307(a)(2), 321(2), Oct. 28, 1986, 100 Stat. 3269, 3277; Pub. L. 100-48, 
Sec. 3(b), June 1, 1987, 101 Stat. 331; Pub. L. 100-689, title I, 
Secs. 102(b)(1), 103(b)(1), 104(b), 105, 111(a)(2)(B), Nov. 18, 1988, 
102 Stat. 4162, 4165, 4166, 4171; Pub. L. 101-237, title IV, Secs. 409, 
423(a)(1), (b)(1)(A), Dec. 18, 1989, 103 Stat. 2084, 2090, 2092; Pub. L. 
101-510, div. A, title V, Sec. 562(a)(3), Nov. 5, 1990, 104 Stat. 1574; 
renumbered Sec. 3012 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 
6, 1991, 105 Stat. 406; Pub. L. 102-484, div. D, title XLIV, 
Sec. 4419(b), Oct. 23, 1992, 106 Stat. 2718; Pub. L. 102-568, title III, 
Secs. 302(a)(2), 303(a)(2), Oct. 29, 1992, 106 Stat. 4326, 4327; Pub. L. 
103-160, div. A, title V, Sec. 561(m), Nov. 30, 1993, 107 Stat. 1668; 
Pub. L. 103-446, title XII, Sec. 1201(f)(2), Nov. 2, 1994, 108 Stat. 
4687; Pub. L. 104-106, div. A, title XV, Sec. 1501(e)(2)(B), Feb. 10, 
1996, 110 Stat. 501; Pub. L. 104-201, div. A, title V, Sec. 556(b), 
Sept. 23, 1996, 110 Stat. 2528; Pub. L. 105-368, title II, Secs. 203(a), 
207(b), Nov. 11, 1998, 112 Stat. 3326, 3328; Pub. L. 106-117, title VII, 
Sec. 704, Nov. 30, 1999, 113 Stat. 1584.)


                            Prior Provisions

    Prior section 3012 was renumbered section 5112 of this title.


                               Amendments

    1999--Subsec. (g)(1). Pub. L. 106-117 struck out ``Federal'' before 
``Government''.
    1998--Subsec. (a)(2)(i), (ii). Pub. L. 105-368, Sec. 203(a), 
substituted ``successfully completed (or otherwise received academic 
credit for)'' for ``successfully completed''.
    Subsec. (g). Pub. L. 105-368, Sec. 207(b), added subsec. (g).
    1996--Subsec. (b)(1)(B)(iii). Pub. L. 104-106 substituted ``section 
10143(a) of title 10'' for ``section 268(b) of title 10''.
    Subsec. (d)(2). Pub. L. 104-201, Sec. 556(b)(1), struck out ``or 
upon completion of a program of educational assistance under section 
2107 of title 10'' after ``Coast Guard Academy''.
    Subsec. (d)(3). Pub. L. 104-201, Sec. 556(b)(2), added par. (3).
    1994--Subsec. (f). Pub. L. 103-446 substituted ``October 28, 1994,'' 
for ``the end of the 24-month period beginning on the date of the 
enactment of this subsection''.
    1993--Subsec. (b)(1)(B)(iii). Pub. L. 103-160 substituted 
``September 30, 1999'' for ``September 30, 1995''.
    1992--Subsec. (a)(1)(B). Pub. L. 102-568, Sec. 302(a)(2), 
substituted ``at any time during the period beginning on October 19, 
1984, and ending on July 1, 1985, continued on active duty without a 
break in service'' for ``on October 19, 1984, and without a break in 
service since October 19, 1984,''.
    Subsec. (a)(2). Pub. L. 102-568, Sec. 303(a)(2)(A), inserted 
``except as provided in subsection (f) of this section,'' after 
``who,''.
    Subsec. (b)(1)(B)(iii). Pub. L. 102-484 added cl. (iii).
    Subsec. (f). Pub. L. 102-568, Sec. 303(a)(2)(B), added subsec. (f).
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1412 of this 
title as this section.
    Subsec. (b)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3011(a)(1)(A)(ii)(I)'' for ``1411(a)(1)(A)(ii)(I)'' in subpars. (A) 
and (B)(i) and (ii).
    Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3011'' for 
``1411'' in pars. (1) and (2).
    1990--Subsec. (b)(1)(A)(vi). Pub. L. 101-510, Sec. 562(a)(3)(A), 
added cl. (vi).
    Subsec. (b)(1)(B)(i). Pub. L. 101-510, Sec. 562(a)(3)(B), 
substituted ``disability, for'' for ``disability or for'' and inserted 
``, or for a physical or mental condition not characterized as a 
disability, as described in section 1411(a)(1)(A)(ii)(I) of this title'' 
before ``if the individual''.
    Subsec. (b)(1)(B)(ii)(VI). Pub. L. 101-510, Sec. 562(a)(3)(C), added 
subcl. (VI).
    1989--Subsec. (a)(1)(A)(ii), (B)(ii). Pub. L. 101-237, 
Sec. 423(a)(1)(A), substituted ``and beginning within one year after 
completion'' for ``and after completion''.
    Subsec. (a)(2). Pub. L. 101-237, Sec. 409, inserted cl. (i) 
designation and added cl. (ii).
    Subsec. (b)(1). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    Subsec. (b)(2). Pub. L. 101-237, Sec. 423(a)(1)(B), substituted 
``After an individual begins service in the Selected Reserve within one 
year after completion of the service described in clause (A)(i) or 
(B)(i) of subsection (a)(1) of this section, the continuity of service 
of such individual as a member of the Selected Reserve'' for 
``Continuity of service of a member in the Selected Reserve for purposes 
of such clauses''.
    1988--Subsec. (a)(1)(A)(i). Pub. L. 100-689, Sec. 111(a)(2)(B), 
inserted ``, as the individual's initial obligated period of active 
duty,''.
    Pub. L. 100-689, Sec. 102(b)(1)(B), inserted ``, subject to 
subsection (b) of this section,''.
    Subsec. (a)(1)(B)(i). Pub. L. 100-689, Sec. 102(b)(1)(B), inserted 
``, subject to subsection (b) of this section,''.
    Subsec. (a)(2). Pub. L. 100-689, Sec. 104(b), substituted 
``completed the requirements of a secondary school diploma'' for 
``received a secondary school diploma'', and inserted ``, except that an 
individual described in clause (1)(B) of this subsection may meet the 
requirement of this clause by having successfully completed the 
equivalent of 12 semester hours in a program of education leading to a 
standard college degree''.
    Subsec. (b)(1). Pub. L. 100-689, Sec. 102(b)(1)(A), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``The 
requirement of four years of service under clauses (1)(A)(ii) and 
(1)(B)(ii) of subsection (a) of this section is not applicable to an 
individual who is discharged or released from service in the Selected 
Reserve for a service-connected disability, for hardship, or (in the 
case of an individual discharged or released after three and one-half 
years of such service) for the convenience of the Government.''
    Subsec. (c). Pub. L. 100-689, Sec. 103(b)(1), substituted ``reduced 
under this chapter'' for ``reduced under this subsection''.
    Subsec. (e). Pub. L. 100-689, Sec. 105, added subsec. (e).
    1987--Subsec. (a)(1)(A). Pub. L. 100-48 substituted ``after June 30, 
1985,'' for ``during the period beginning on July 1, 1985, and ending on 
June 30, 1988''.
    1986--Subsec. (a). Pub. L. 99-576, Sec. 321(2)(A), substituted 
``subsection (d)'' for ``subsection (c)''.
    Subsec. (a)(1)(B). Pub. L. 99-576, Sec. 307(a)(2), inserted ``and 
was on active duty on October 19, 1984, and without a break in service 
since October 19, 1984,''.
    Subsec. (b)(1). Pub. L. 99-576, Sec. 321(2)(B), inserted ``such'' 
after ``three and one-half years of''.
    Subsec. (c). Pub. L. 99-576, Sec. 303(a)(2), substituted ``Any 
amount by which the basic pay of an individual is reduced under this 
subsection shall revert to the Treasury and shall not, for purposes of 
any Federal law, be considered to have been received by or to be within 
the control of such individual'' for ``Any amounts withheld from basic 
pay under this paragraph shall revert to the Treasury''.
    1985--Subsec. (a)(1)(B). Pub. L. 99-145 struck out ``and without a 
break in service on active duty since December 31, 1976,'' after 
``chapter 34 of this title''.


                    Effective Date of 1998 Amendment

    Amendment by section 203(a) of Pub. L. 105-368 effective Oct. 1, 
1998, see section 203(b) of Pub. L. 105-368, set out as a note under 
section 3011 of this title.
    Amendment by section 207(b) of Pub. L. 105-368 effective 120 days 
after Nov. 11, 1998, see section 207(d)(1) of Pub. L. 105-368, set out 
as a note under section 3011 of this title.


                    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 Title 10, Armed Forces.


                    Effective Date of 1992 Amendment

    Amendment by section 302(a)(2) of Pub. L. 102-568 effective as of 
Oct. 28, 1986, see section 302(b) of Pub. L. 102-568, set out as a note 
under section 3011 of this title.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-510 effective Oct. 19, 1984, see section 
562(c) of Pub. L. 101-510, set out as a note under section 3011 of this 
title.


                    Effective Date of 1988 Amendment

    Amendment by section 102(b)(1) of Pub. L. 100-689 effective July 1, 
1985, with respect to individuals discharged or released for medical 
condition which preexisted service on active duty or in Selected Reserve 
and which Administrator determines is not service connected, and 
effective Oct. 1, 1987, with respect to individuals involuntarily 
discharged or released for convenience of Government as a result of 
reduction in force, see section 102(c) of Pub. L. 100-689, set out as a 
note under section 3011 of this title.


                    Effective Date of 1986 Amendment

    Amendment by section 303(a)(2) of Pub. L. 99-576 applicable to any 
reduction in basic pay made under subsec. (c) of this section after Dec. 
31, 1985, see section 303(b) of Pub. L. 99-576, set out as a note under 
section 3011 of this title.


                        Notification Requirement

    For requirement of notification of individuals on active duty in 
Armed Forces on Aug. 2, 1990, of extension of period for completion of 
requirements for a secondary school diploma, see section 303(b) of Pub. 
L. 102-568, set out as a note under section 3011 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3013, 3016, 3017, 3018, 
3018A, 3018B, 3018C, 3021, 3031, 3034, 3036, 5303A of this title; title 
10 sections 2006, 16131.
