(a) Eligibility.— On or after September 11, 2001, a member of a reserve component is entitled to educational assistance under this chapter if the member—
(1)served on active duty in support of a contingency operation for 90 consecutive days or more; or
(2)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 section
502(f) of title
32 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.
(b) Disabled Members.— Notwithstanding 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 section
16162(c)(4)(A) of this title.
(c) Written Notification.—
(1)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 section
16165 of this title as such section may apply to the member.
(2)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.
(d) 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.
(e) Bar From Duplication of Educational Assistance Allowance.—
(1)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 (Public Law 96–449; 5 U.S.C. 5561 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.
(2)The restriction on duplication of educational assistance under paragraph (1) does not apply to the entitlement of educational assistance under section
16131(i) of this title.
The Hostage Relief Act of 1980, referred to in subsec. (e)(1), is Pub. L. 96–449, Oct. 14, 1980, 94 Stat. 1967, as amended, which was formerly set out as a note under section
5561 of Title
5, Government Organization and Employees.
2009—Subsec. (e)(1). Pub. L. 111–84substituted “such program” for “such programs”.
2006—Subsec. (e)(1). Pub. L. 109–163substituted “Secretary of Veterans Affairs” for “Secretary concerned”.
Effective Date of 2008 Amendment
Pub. L. 110–252, title V, § 5003(d),June 30, 2008, 122 Stat. 2378, provided that: “This section [enacting chapter
33 of Title
38, Veterans’ Benefits, amending this section and sections
3697A of Title
38, and enacting provisions set out as a note under section
3301 of Title
38] and the amendments made by this section shall take effect on August 1, 2009.”
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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Description of Change
Statutes at Large
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