Eligibility .—
On or after , a member of a reserve component is entitled to educational assistance under this chapter if the member—
served on active duty in support of a contingency operation for 90 consecutive days or more; or
section 502(f) of title 32 in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, performed full time National Guard duty under for 90 consecutive days or more when authorized by the President or Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.
Disabled Members .—
section 16162(c)(4)(A) of this titleNotwithstanding the eligibility requirements in subsection (a), a member who was ordered to active service as prescribed under subsection (a)(1) or (a)(2) but is released from duty before completing 90 consecutive days because of an injury, illness or disease incurred or aggravated in the line of duty shall be entitled to educational assistance under this chapter at the rate prescribed in .
Written Notification .—
section 16165 of this title Each member who becomes entitled to educational assistance under subsection (a) shall be given a statement in writing prior to release from active service that summarizes the provisions of this chapter and stating clearly and prominently the substance of as such section may apply to the member.
At the request of the Secretary of Veterans Affairs, the Secretary concerned shall transmit a notice of entitlement for each such member to that Secretary.
Bar From Dual Eligibility .—
A member who qualifies for educational assistance under this chapter 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 make an irrevocable election (in such form and manner as the Secretary of Veterans Affairs may prescribe) as to the program to which such service is to be credited.
Bar From Duplication of Educational Assistance Allowance .—
Public Law 96–4495 U.S.C. 5561 Except as provided in paragraph (2), an individual entitled to educational assistance under this chapter who is also eligible for educational assistance under chapter 1606 of this title, chapter 30, 31, 32, 33, or 35 of title 38, or under the Hostage Relief Act of 1980 (; note) may not receive assistance under more than one such program and shall elect (in such form and manner as the Secretary of Veterans Affairs may prescribe) under which program the member elects to receive educational assistance.
section 16131(i) of this title The restriction on duplication of educational assistance under paragraph (1) does not apply to the entitlement of educational assistance under .
Pub. L. 108–375, div. A, title V, § 527(a)118 Stat. 1892Pub. L. 109–163, div. A, title V, § 540(a)119 Stat. 3251Pub. L. 110–252, title V, § 5003(b)(1)(C)122 Stat. 2375Pub. L. 111–84, div. A, title X, § 1073(a)(36)123 Stat. 2474(Added , , ; amended , , ; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 96–44994 Stat. 1967section 5561 of Title 5The Hostage Relief Act of 1980, referred to in subsec. (e)(1), is , , , as amended, which was formerly set out as a note under , Government Organization and Employees.
Amendments
Pub. L. 111–842009—Subsec. (e)(1). substituted “such program” for “such programs”.
Pub. L. 110–2522008—Subsec. (e)(1). inserted “33,” after “32,”.
Pub. L. 109–1632006—Subsec. (e)(1). substituted “Secretary of Veterans Affairs” for “Secretary concerned”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Pub. L. 110–252, title V, § 5003(d)122 Stat. 2378
section 3301 of Title 38“This section [enacting chapter 33 of Title 38, Veterans’ Benefits, amending this section and sections 3033, 3485, 3688 to 3690, 3692, 3695, 3697, and 3697A of Title 38, and enacting provisions set out as a note under ] and the amendments made by this section shall take effect on .”
, , , provided that: