US Code

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

38 U.S.C. § 3016

Inservice enrollment in a program of education

(a)
A member of the Armed Forces who—
(1)
first becomes a member or first enters on active duty as a member of the Armed Forces after , and does not make an election under section 3011(c)(1) or section 3012(d)(1);
(2)
completes at least two years of service on active duty after such date;
(3)
section 3012(b)(2) of this title after such service, continues on active duty or in the Selected Reserve without a break in service (except as described in ); and
(4)
1
1 See References in Text note below.
but for section 3011(a)(1)(A)(i)(I)  or 3012(a)(1)(A)(ii) of this title would be eligible for basic educational assistance,
1may receive educational assistance under this chapter for enrollment in an approved program of education while continuing to perform the duty described in section 3011(a)(1)(A)(i)(I)  or 3012(a)(1)(A)(ii) of this title.
(b)
A member of the Armed Forces who—
(1)
as of , is eligible for educational assistance benefits under chapter 34 of this title;
(2)
after , has served the two years required by section 3012(a)(1)(B)(i); and
(3)
section 3012(a)(1)(B)(ii) of this title but for would be eligible for basic educational assistance,
section 3012(a)(1)(B)(ii) of this titlemay, after , receive educational assistance under this chapter for enrollment in an approved program of education while continuing to perform the duty described in .
(c)
A member of the Armed Forces who—
(1)
completes at least two years of service on active duty after ;
(2)
after such service continues on active duty without a break in service; and
(3)
section 3018(b)(3)(A) of this title but for would be entitled to basic educational assistance under this chapter,
section 3018(b)(2) of this titlemay receive such assistance for enrollment in an approved program of education while continuing to perform the service described in .

Pub. L. 98–525, title VII, § 702(a)(1)98 Stat. 2558Pub. L. 99–576, title III, § 321(4)100 Stat. 3278Pub. L. 100–689, title I, § 103(b)(4)102 Stat. 4165Pub. L. 102–83, § 5(a)105 Stat. 406(Added , , , § 1416; amended , , ; , , ; renumbered § 3016 and amended , (c)(1), , .)

Editorial Notes

References in Text

Pub. L. 106–419, title I, § 103(a)(1)(A)114 Stat. 1825Section 3011(a)(1)(A)(i), referred to in subsec. (a), was amended generally by , , , and, as so amended, does not contain a subcl. (I).

Amendments

Pub. L. 102–83, § 5(a)section 1416 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 5(c)(1)Subsec. (a). , substituted “3011(c)(1)” for “1411(c)(1)”, “3012(d)(1)” for “1412(d)(1)”, “3012(b)(2)” for “1412(b)(2)”, and “3011(a)(1)(A)(i)(I) or 3012(a)(1)(A)(ii)” for “1411(a)(1)(A)(i)(I) or 1412(a)(1)(A)(ii)” in two places.

Pub. L. 102–83, § 5(c)(1)Subsec. (b). , substituted “3012(a)(1)(B)(i)” for “1412(a)(1)(B)(i)” and “3012(a)(1)(B)(ii)” for “1412(a)(1)(B)(ii)” in two places.

Pub. L. 102–83, § 5(c)(1)Subsec. (c). , substituted “3018(b)(3)(A)” for “1418(b)(3)(A)” and “3018(b)(2)” for “1418(b)(2)”.

Pub. L. 100–6891988—Subsec. (c). added subsec. (c).

Pub. L. 99–576section 1412(b)(2) of this title1986— amended section generally. Prior to amendment, section read as follows: “A member of the Armed Forces who has completed at least two years of service on active duty after , has continued on active duty or in the Selected Reserve without a break in service (except as described in ), and who but for section 1411(a)(1) or 1412(a)(1) of this title would be eligible for basic educational assistance may receive educational assistance under this chapter for enrollment in an approved program of education while continuing to perform the duty described in section 1411(a)(1) or 1412(a)(1) of this title.”