
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC3016]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
     CHAPTER 30--ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM
 
               SUBCHAPTER II--BASIC EDUCATIONAL ASSISTANCE
 
Sec. 3016. Inservice enrollment in a program of education

    (a) A member of the Armed Forces who--
        (1) first becomes a member or first enters on active duty as a 
    member of the Armed Forces after June 30, 1985, and does not make an 
    election under section 3011(c)(1) or section 3012(d)(1);
        (2) completes at least two years of service on active duty after 
    such date;
        (3) after such service, continues on active duty or in the 
    Selected Reserve without a break in service (except as described in 
    section 3012(b)(2) of this title); and
        (4) but for section 3011(a)(1)(A)(i)(I) or 3012(a)(1)(A)(ii) of 
    this title would be eligible for basic educational assistance,

may receive educational assistance under this chapter for enrollment in 
an approved program of education while continuing to perform the duty 
described in section 3011(a)(1)(A)(i)(I) or 3012(a)(1)(A)(ii) of this 
title.
    (b) A member of the Armed Forces who--
        (1) as of December 31, 1989, is eligible for educational 
    assistance benefits under chapter 34 of this title;
        (2) after June 30, 1985, has served the two years required by 
    section 3012(a)(1)(B)(i); and
        (3) but for section 3012(a)(1)(B)(ii) of this title would be 
    eligible for basic educational assistance,

may, after December 31, 1989, receive educational assistance under this 
chapter for enrollment in an approved program of education while 
continuing to perform the duty described in section 3012(a)(1)(B)(ii) of 
this title.
    (c) A member of the Armed Forces who--
        (1) completes at least two years of service on active duty after 
    June 30, 1985;
        (2) after such service continues on active duty without a break 
    in service; and
        (3) but for section 3018(b)(3)(A) of this title would be 
    entitled to basic educational assistance under this chapter,

may receive such assistance for enrollment in an approved program of 
education while continuing to perform the service described in section 
3018(b)(2) of this title.

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 
Stat. 2558, Sec. 1416; amended Pub. L. 99-576, title III, Sec. 321(4), 
Oct. 28, 1986, 100 Stat. 3278; Pub. L. 100-689, title I, Sec. 103(b)(4), 
Nov. 18, 1988, 102 Stat. 4165; renumbered Sec. 3016 and amended Pub. L. 
102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1416 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3011(c)(1)'' for ``1411(c)(1)'', ``3012(d)(1)'' for ``1412(d)(1)'', 
``3012(b)(2)'' for ``1412(b)(2)'', and ``3011(a)(1)(A)(i)(I) or 
3012(a)(1)(A)(ii)'' for ``1411(a)(1)(A)(i)(I) or 1412(a)(1)(A)(ii)'' in 
two places.
    Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3012(a)(1)(B)(i)'' for ``1412(a)(1)(B)(i)'' and ``3012(a)(1)(B)(ii)'' 
for ``1412(a)(1)(B)(ii)'' in two places.
    Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3018(b)(3)(A)'' for ``1418(b)(3)(A)'' and ``3018(b)(2)'' for 
``1418(b)(2)''.
    1988--Subsec. (c). Pub. L. 100-689 added subsec. (c).
    1986--Pub. L. 99-576 amended section generally. Prior to amendment, 
section read as follows: ``A member of the Armed Forces who has 
completed at least two years of service on active duty after June 30, 
1985, has continued on active duty or in the Selected Reserve without a 
break in service (except as described in section 1412(b)(2) of this 
title), and who but for section 1411(a)(1) or 1412(a)(1) of this title 
would be eligible for basic educational assistance may receive 
educational assistance under this chapter for enrollment in an approved 
program of education while continuing to perform the duty described in 
section 1411(a)(1) or 1412(a)(1) of this title.''
