
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC3021]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
     CHAPTER 30--ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM
 
           SUBCHAPTER III--SUPPLEMENTAL EDUCATIONAL ASSISTANCE
 
Sec. 3021. Supplemental educational assistance for additional 
        service
        
    (a) The Secretary concerned, pursuant to regulations to be 
prescribed by the Secretary of Defense, may provide for the payment of 
supplemental educational assistance under this subchapter to any 
individual eligible for basic educational assistance under section 3011 
or 3018 of this title who--
        (1) serves five or more consecutive years of active duty in the 
    Armed Forces after the years of active duty counted under section 
    3011(a)(1) of this title without a break in such service; and
        (2) 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, is transferred to the Fleet 
        Reserve or Fleet Marine Corps Reserve, or is placed on the 
        temporary disability retired list;
            (B) continues on active duty without a break in service; or
            (C) is released from active duty for further service in a 
        reserve component of the Armed Forces after service on active 
        duty characterized by the Secretary concerned as honorable 
        service.

    (b) The Secretary concerned, pursuant to regulations to be 
prescribed by the Secretary of Defense, may provide for the payment of 
supplemental educational assistance under this subchapter to any 
individual eligible for basic educational assistance under section 3012 
or 3018 of this title who--
        (1) serves two or more consecutive years of active duty in the 
    Armed Forces after the years of active duty counted under section 
    3012(a)(1) of this title and four or more consecutive years of duty 
    in the Selected Reserve after the years of duty in the Selected 
    Reserve counted under such section without a break in service; and
        (2) 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, is transferred to the Fleet 
        Reserve or Fleet Marine Corps Reserve, or is placed on the 
        temporary disability retired list; or
            (B) continues on active duty or in the Selected Reserve.

    (c) Continuity of service of a member in the Selected Reserve for 
purposes of subsection (b)(1) of this section shall not be considered to 
be broken--
        (1) 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
        (2) 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.

    (d) A period of active duty or duty in the Selected Reserve that 
occurs before the period of duty by which the individual concerned 
qualifies for basic educational assistance may not be counted for 
purposes of this section.

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 
Stat. 2558, Sec. 1421; amended Pub. L. 99-576, title III, Sec. 321(5), 
(6), Oct. 28, 1986, 100 Stat. 3278; Pub. L. 100-689, title I, 
Sec. 103(b)(5), Nov. 18, 1988, 102 Stat. 4166; Pub. L. 101-237, title 
IV, Sec. 423(b)(4)(B), Dec. 18, 1989, 103 Stat. 2092; renumbered 
Sec. 3021 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 
105 Stat. 406.)


                            Prior Provisions

    Prior section 3021 was renumbered section 5121 of this title.


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1421 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3011 or 
3018'' for ``1411 or 1418'' in introductory provisions and 
``3011(a)(1)'' for ``1411(a)(1)'' in par. (1).
    Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3012 or 
3018'' for ``1412 or 1418'' in introductory provisions and 
``3012(a)(1)'' for ``1412(a)(1)'' in par. (1).
    1989--Subsecs. (a), (b). Pub. L. 101-237 inserted ``of Defense'' 
after second reference to ``Secretary''.
    1988--Subsecs. (a), (b). Pub. L. 100-689 inserted reference to 
section 1418 of this title.
    1986--Subsec. (a)(1). Pub. L. 99-576, Sec. 321(5), substituted 
``after'' for ``in addition to''.
    Subsec. (b)(1). Pub. L. 99-576, Sec. 321(5), substituted ``after'' 
for ``in addition to'' in two places.
    Subsec. (c)(1). Pub. L. 99-576, Sec. 321(6), substituted ``the 
member's'' for ``his''.


                             Effective Date

    Section 702(b) of Pub. L. 98-525 provided that: ``Subchapter III of 
chapter 30 of title 38, United States Code, as added by subsection (a), 
shall take effect on July 1, 1986.''

                  Section Referred to in Other Sections

    This section is referred to in section 3022 of this title; title 10 
sections 708, 2006.
