(a) Penalties.— At the option of the Secretary concerned, a member of the Selected Reserve of an armed force who does not participate satisfactorily in required training as a member of the Selected Reserve during a term of enlistment or other period of obligated service that created entitlement of the member to educational assistance under this chapter, and during which the member has received such assistance, may—
(1)be ordered to active duty for a period of two years or the period of obligated service the person has remaining under section
16132 of this title, whichever is less; or
(2)be subject to the repayment provisions under section
303a(e) of title
(b) Effect of Repayment.— Any repayment under section
303a(e) of title
37 shall not affect the period of obligation of a member to serve as a Reserve in the Selected Reserve.
2006—Pub. L. 109–163reenacted section catchline without change and amended text generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to penalties for failure of a member of the Selected Reserve of the Ready Reserve of an armed force to participate satisfactorily in required training.
Subsec. (a)(1)(A). Pub. L. 103–337, § 1663(b)(6)(A), substituted “16132” for “2132”.
Subsec. (b)(1)(A). Pub. L. 103–337, § 1663(b)(6)(B), which directed substitution of “section
16132(a)” for “section
2132(a)”, could not be executed because “section
2132(a)” does not appear in subsec. (b)(1)(A).
1988—Subsec. (a)(1). Pub. L. 100–689, § 111(b)(6)(A), inserted “, and during which the member has received such assistance,” after “chapter”.
Subsec. (b)(1)(A). Pub. L. 100–689, § 111(b)(6)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: “the number of months of obligated service remaining under the agreement entered into under section
2132(a)(3) divided by the original number of months of such obligation; and”.
1984—Pub. L. 98–525amended section generally, substituting provisions relating to the failure to participate satisfactorily and penalties for provisions which had designated Sept. 30, 1985, as the termination date for enlistments qualifying for educational assistance.
Amendment by Pub. L. 104–106effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) ofPub. L. 104–106, set out as a note under section
113 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–337effective Dec. 1, 1994, except as otherwise provided, see section 1691 ofPub. L. 103–337, set out as an Effective Date note under section
10001 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–525effective July 1, 1985, applicable only to members of the Armed Forces who qualify for educational assistance under this chapter on or after such date, see section 705(b) ofPub. L. 98–525, set out as a note under section
16131 of this title.
For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(c) ofPub. L. 109–163, see section 687(f) ofPub. L. 109–163, set out as a note under section
510 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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