Public Law 119-88 (05/04/2026)

10 U.S.C. § 16164

Time limitation for use of entitlement

(a)

Duration of Entitlement .—

Except as provided in subsection (b), a member remains entitled to educational assistance under this chapter—
(1)
while the member is serving—
(A)
in the Selected Reserve of the Ready Reserve, in the case of a member called or ordered to active service while serving in the Selected Reserve; or
(B)
in the Ready Reserve, in the case of a member ordered to active duty while serving in the Ready Reserve (other than the Selected Reserve); and
(2)
section 16163 of this title in the case of a person who separates from the Selected Reserve of the Ready Reserve after completion of a period of active service described in and completion of a service contract under honorable conditions, during the 10-year period beginning on the date on which the person separates from the Selected Reserve.
(b)

Duration of Entitlement for Disabled Members .—

(1)
In the case of a person who is separated from the Ready Reserve because of a disability which was not the result of the individual’s own willful misconduct incurred on or after the date on which such person became entitled to educational assistance under this chapter, such person’s entitlement to educational assistance expires at the end of the 10-year period beginning on the date on which such person became entitled to such assistance.
(2)
section 3031 of title 38 The provisions of subsections (d) and (f) of shall apply to the period of entitlement prescribed by paragraph (1).

Pub. L. 108–375, div. A, title V, § 527(a)118 Stat. 1892 Pub. L. 110–181, div. A, title V, § 530(a)(1)122 Stat. 110 Pub. L. 110–417122 Stat. 4466 (Added , , ; amended , , ; , [div. A], title V, § 546(a), , .)

Editorial Notes

Amendments

Pub. L. 110–1812008—Subsec. (a). substituted “this chapter—” and pars. (1) and (2) for “this chapter while serving—

“(1) in the Selected Reserve of the Ready Reserve, in the case of a member called or ordered to active service while serving in the Selected Reserve; or

“(2) in the Ready Reserve, in the case of a member ordered to active duty while serving in the Ready Reserve (other than the Selected Reserve).”

Pub. L. 110–417Subsec. (a)(2). substituted “honorable conditions” for “other than dishonorable conditions”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–417122 Stat. 4466

section 16163 of title 10“The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [] and shall apply to a person described in , United States Code, who—
“(1)
Pub. L. 110–181 separates from a reserve component on or after , the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008 []; and
“(2)
as of the date of the enactment of this Act, has not used any of the person’s entitlement to educational assistance under chapter 1607 of such title.”
, [div. A], title V, § 546(b), , , provided that:

Pub. L. 110–181, div. A, title V, § 530(c)122 Stat. 110

section 16165 of this titlePublic Law 108–375“The amendments made by this section [amending this section and ] shall take effect as of , as if included in the enactment of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (), to which such amendments relate.”
, , , provided that: