Right of member after reenlisting to transfer entitlement to spouse or dependent children
(a)(1)(A)
section 2142 of this title A person who is entitled to educational assistance under and who reenlisted in an armed force at any time after the end of the enlistment which established such entitlement may at any time after such reenlistment elect to transfer all or any part of such entitlement to the spouse or dependent child of such person.
(B)
section 2142 of this title The Secretary of the Navy may authorize a member of the Navy or Marine Corps who is entitled to educational assistance under and whose enlistment that established such entitlement was the member’s second reenlistment as a member of the armed forces to transfer all or part of such entitlement to the spouse or dependent child of such member after the completion of four years of active service of that second reenlistment if that reenlistment was for a period of at least six years.
(C)
A transfer under this paragraph may be revoked at any time by the person making the transfer.
(2)
If a person described in paragraph (1) dies before making an election authorized by such paragraph but has never made an election not to transfer such entitlement, any unused entitlement of such person shall be automatically transferred to such person’s surviving spouse or (if there is no eligible surviving spouse) to such person’s dependent children. A surviving spouse to whom entitlement to educational assistance is transferred under this paragraph may elect to transfer such entitlement to the dependent children of the person whose service established such entitlement.
(3)
Any transfer of entitlement under this subsection shall be made in accordance with regulations prescribed by the Secretary of the military department concerned.
(b)
A spouse or surviving spouse or a dependent child to whom entitlement is transferred under subsection (a) is entitled to educational assistance under this chapter in the same manner and at the same rate as the person from whom the entitlement was transferred.
(c)
section 2142 of this titlesection 2144 of this title The total amount of educational assistance available to a person entitled to educational assistance under and to the person’s spouse, surviving spouse, and dependent children is the amount of educational assistance to which the person is entitled. If more than one person is being provided educational assistance for the same period by virtue of the entitlement of the same person, the subsistence allowance authorized by shall be divided in such manner as the person may specify or (if the person fails to specify) as the Secretary concerned may prescribe.
Pub. L. 100–1801987—Subsec. (d)(1), (2). inserted “The term” after each par. designation and revised first word in quotes in each par. to make initial letter of such word lowercase.
Pub. L. 99–1451985—Subsec. (a)(1). designated existing first sentence as subpar. (A), added subpar. (B), and incorporated existing second sentence as subpar. (C).