Public Law 119-73 (01/23/2026)

10 U.S.C. § 16132

Eligibility for educational assistance

(a)
A person who—
(1)
after —
(A)
enlists, reenlists, or extends an enlistment as a Reserve for service in the Selected Reserve for a period of not less than six years; or
(B)
is appointed as, or is serving as, a reserve officer and agrees to serve in the Selected Reserve for a period of not less than six years in addition to any other period of obligated service in the Selected Reserve to which the person may be subject; and
(2)
before applying for benefits under this section, has completed the requirements of a secondary school diploma (or an equivalency certificate);
section 16131 of this titleis entitled to educational assistance under .
(b)
Educational assistance may not be provided to a member under this chapter until the member has completed the initial period of active duty for training required of the member.
(c)
Each person who becomes entitled to educational assistance under subsection (a) shall at the time the person becomes so entitled be given a statement in writing summarizing the provisions of this chapter and stating clearly and prominently the substance of sections 16134 and 16135 of this title as such sections may apply to the person. At the request of the Secretary of Veterans Affairs, the Secretary of Defense shall transmit a notice of entitlement for each such person to that Secretary.
(d)
section 115(a)(1)(B) of this title A person who serves in the Selected Reserve may not receive credit for such service under both the program established by chapter 30 of title 38 and the program established by this chapter but shall elect (in such form and manner as the Secretary of Veterans Affairs may prescribe) the program to which such service is to be credited. However, a person may not receive credit under the program established by this chapter for service (in any grade) on full-time active duty or full-time National Guard duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components in a position which is included in the end strength required to be authorized each year by .

Pub. L. 95–79, title IV, § 402(a)91 Stat. 329Pub. L. 95–485, title IV, § 402(a)92 Stat. 1613Pub. L. 96–513, title V, § 511(69)94 Stat. 2926Pub. L. 98–525, title VII, § 705(a)(1)98 Stat. 2565Pub. L. 100–48, § 4101 Stat. 331Pub. L. 100–689, title I102 Stat. 4170Pub. L. 101–189, div. A, title VI103 Stat. 1458Pub. L. 102–25, title VII, § 701(f)(6)105 Stat. 115Pub. L. 103–337, div. A, title XVI, § 1663(b)(2)108 Stat. 3006Pub. L. 104–106, div. A, title XV, § 1501(b)(34)110 Stat. 498Pub. L. 106–419, title I, § 102(d)114 Stat. 1825(Added , , , § 2132; amended , , ; , , ; , , ; , , ; , §§ 110(b), 111(b)(2)–(4), , , 4173; , §§ 643(a), 645(a), (b)(2), , ; , , ; renumbered § 16132 and amended , (4), , , 3007; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 106–4192000—Subsec. (a)(2). amended par. (2) generally. Prior to amendment, par. (2) read as follows: “before completing initial active duty for training has completed the requirements of a secondary school diploma (or an equivalency certificate), or in the case of an individual who reenlists or extends an enlistment as described in paragraph (1)(A) of this subsection, has completed such requirements at any time before such reenlistment or extension;”.

Pub. L. 104–1061996—Subsec. (c). substituted “sections 16134” for “section 16134”.

Pub. L. 103–337, § 1663(b)(2)section 2132 of this title1994—, renumbered as this section.

Pub. L. 103–337, § 1663(b)(4)(A)Subsec. (a). , substituted “16131” for “2131” in concluding provisions.

Pub. L. 103–337, § 1663(b)(4)(B)Subsec. (c). , substituted “section 16134 and 16135” for “sections 2134 and 2135”.

Pub. L. 102–251991—Subsec. (d). substituted “section 115(a)(1)(B)” for “section 115(b)(1)(A)(ii)”.

Pub. L. 101–189, § 645(a)1989—Subsec. (c). , substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs” and “to that Secretary” for “to the Administrator”.

Pub. L. 101–189, § 645(a)(1)Subsec. (d). , (b)(2), substituted “A person” for “An individual” and “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.

Pub. L. 101–189, § 643(a)section 115(b)(1)(A)(ii) of this title, inserted at end “However, a person may not receive credit under the program established by this chapter for service (in any grade) on full-time active duty or full-time National Guard duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components in a position which is included in the end strength required to be authorized each year by .”

Pub. L. 100–689, § 111(b)(2)1988—Subsec. (a)(2). , substituted “completed the requirements of” for “received”, and inserted before semicolon at end “, or in the case of an individual who reenlists or extends an enlistment as described in paragraph (1)(A) of this subsection, has completed such requirements at any time before such reenlistment or extension”.

Pub. L. 100–689, § 110(b)Subsec. (b). , amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Educational assistance may not be provided to a member under this chapter until the member—

“(1) has completed the initial period of active duty for training required of the member; and

“(2) has completed 180 days of service in the Selected Reserve.”

Pub. L. 100–689, § 111(b)(3)Subsec. (c). , inserted at end “At the request of the Administrator of Veterans’ Affairs, the Secretary of Defense shall transmit a notice of entitlement for each such person to the Administrator.”

Pub. L. 100–689, § 111(b)(4)Subsec. (d). , amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “A person who is entitled to educational assistance under chapter 30 of title 38 based on section 1412 of that title may not also be provided educational assistance under this chapter.”

Pub. L. 100–481987—Subsec. (a)(1). substituted “after ” for “during the period beginning on , and ending on ”.

Pub. L. 98–5251984— amended section generally, updating provisions covering eligibility for educational assistance to cover the period beginning , and ending .

Pub. L. 96–5131980— inserted “of this title” after “section 2131” wherever appearing.

Pub. L. 95–4851978—Subsec. (b)(1). substituted “not less than six years” for “automatically extended by two years” and “last day of the term” for “eighth anniversary”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–106Pub. L. 103–337section 1501(f)(3) of Pub. L. 104–106section 113 of this titleAmendment by effective as if included in the Reserve Officer Personnel Management Act, title XVI of , as enacted on , see , set out as a note under .

Effective Date of 1994 Amendment

Pub. L. 103–337section 1691 of Pub. L. 103–337section 10001 of this titleAmendment by effective , except as otherwise provided, see , set out as an Effective Date note under .

Effective Date of 1984 Amendment

Pub. L. 98–525section 705(b) of Pub. L. 98–525section 16131 of this titleAmendment by effective , applicable only to members of the Armed Forces who qualify for educational assistance under this chapter on or after such date, see , set out as a note under .

Effective Date of 1980 Amendment

Pub. L. 96–513section 701(b)(3) of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .

Savings Provision

Pub. L. 101–189, div. A, title VI, § 643(b)103 Stat. 1458

“The amendment made by subsection (a) [amending this section] shall not affect the eligibility for educational assistance of any person who before the date of the enactment of this Act [] is entitled to educational assistance under section 2131(a) [now 16131(a)] of title 10, United States Code.”
, , , provided that: