Source
(Added Pub. L. 98–525, title VII, § 702(a)(1),Oct. 19, 1984, 98 Stat. 2555, § 1412; amended Pub. L. 99–145, title VI, § 674(2),Nov. 8, 1985, 99 Stat. 665; Pub. L. 99–576, title III, §§ 303(a)(2),
307
(a)(2),
321
(2),Oct. 28, 1986, 100 Stat. 3269, 3277; Pub. L. 100–48, § 3(b),June 1, 1987, 101 Stat. 331; Pub. L. 100–689, title I, §§ 102(b)(1),
103
(b)(1),
104
(b),
105,
111
(a)(2)(B),Nov. 18, 1988, 102 Stat. 4162, 4165, 4166, 4171; Pub. L. 101–237, title IV, §§ 409,
423(a)(1), (b)(1)(A),Dec. 18, 1989, 103 Stat. 2084, 2090, 2092; Pub. L. 101–510, div. A, title V, § 562(a)(3),Nov. 5, 1990, 104 Stat. 1574; renumbered § 3012 and amended Pub. L. 102–83, § 5(a), (c)(1),Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–484, div. D, title XLIV, § 4419(b),Oct. 23, 1992, 106 Stat. 2718; Pub. L. 102–568, title III, §§ 302(a)(2),
303
(a)(2),Oct. 29, 1992, 106 Stat. 4326, 4327; Pub. L. 103–160, div. A, title V, § 561(m),Nov. 30, 1993, 107 Stat. 1668; Pub. L. 103–446, title XII, § 1201(f)(2),Nov. 2, 1994, 108 Stat. 4687; Pub. L. 104–106, div. A, title XV, § 1501(e)(2)(B),Feb. 10, 1996, 110 Stat. 501; Pub. L. 104–201, div. A, title V, § 556(b),Sept. 23, 1996, 110 Stat. 2528; Pub. L. 105–368, title II, §§ 203(a),
207(b),Nov. 11, 1998, 112 Stat. 3326, 3328; Pub. L. 106–117, title VII, § 704,Nov. 30, 1999, 113 Stat. 1584; Pub. L. 106–419, title I, §§ 102(b),
103
(b),
105
(a)(2), title IV, § 404(a)(6),Nov. 1, 2000, 114 Stat. 1824, 1826, 1829, 1865; Pub. L. 107–14, § 7(c)(2),June 5, 2001, 115 Stat. 32; Pub. L. 107–103, title I, §§ 105(b),
106
(a),Dec. 27, 2001, 115 Stat. 982, 983; Pub. L. 107–296, title XVII, § 1704(d),Nov. 25, 2002, 116 Stat. 2315; Pub. L. 108–454, title I, § 109(b),Dec. 10, 2004, 118 Stat. 3604; Pub. L. 109–233, title V, § 503(3),June 15, 2006, 120 Stat. 416; Pub. L. 110–317, § 6(c)(2),Aug. 29, 2008, 122 Stat. 3529.)
Prior Provisions
Prior section
3012 was renumbered section
5112 of this title.
Amendments
2008—Subsec. (b)(1)(A).
Pub. L. 110–317, § 6(c)(2)(A), substituted “, (vi)” for “, or (vi)” and inserted before period at end “, or (vii) by reason of a sole survivorship discharge (as that term is defined in section
1174
(i) of title
10)”.
Subsec. (b)(1)(B)(i).
Pub. L. 110–317, § 6(c)(2)(B)(i), inserted “by reason of a sole survivorship discharge (as that term is defined in section
1174
(i) of title
10),” after “service-connected disability,”.
Subsec. (b)(1)(B)(ii).
Pub. L. 110–317, § 6(c)(2)(B)(ii)(II), which directed the insertion of “, or (VII) by reason of a sole survivorship discharge (as that term is defined in section
1174
(i) of title
10)” before the period at end, was executed by making the insertion before “; or” to reflect the probable intent of Congress.
Pub. L. 110–317, § 6(c)(2)(B)(ii)(I), substituted “, (VI)” for “, or (VI)”.
2006—Subsec. (a)(1)(C)(ii).
Pub. L. 109–233struck out “on or” after “active duty”.
2004—Subsec. (c).
Pub. L. 108–454substituted “(1) Except as provided in paragraph (2), the basic pay” for “The basic pay”, added par. (2), designated second sentence of existing provisions as par. (3), and substituted “this subsection” for “this chapter”.
2002—Subsec. (b)(1)(A)(v), (B)(ii)(V).
Pub. L. 107–296substituted “of Homeland Security” for “of Transportation”.
2001—Subsec. (a)(1)(C).
Pub. L. 107–103, § 105(b), added subpar. (C).
Subsec. (d)(3)(B).
Pub. L. 107–103, § 106(a), substituted “$3,400” for “$2,000”.
Subsec. (f)(2).
Pub. L. 107–14, § 7(c)(2)(A), inserted “, but not more frequently than monthly” before period.
Subsec. (f)(3).
Pub. L. 107–14, § 7(c)(2)(B), substituted “multiples of $20” for “multiples of $4”.
Subsec. (f)(4).
Pub. L. 107–14, § 7(c)(2)(C), substituted “Secretary of the military department concerned. That” for “Secretary. The” and struck out “by the Secretary” after “any amounts received”.
2000—Subsec. (a)(1)(A)(i).
Pub. L. 106–419, § 103(b)(1), substituted “an obligated period of active duty of at least two years of continuous active duty in the Armed Forces” for “, as the individual’s initial obligated period of active duty, at least two years of continuous active duty in the Armed Forces”.
Subsec. (a)(2).
Pub. L. 106–419, § 102(b)(1), added par. (2) and struck out former par. (2) which read as follows: “who, except as provided in subsection (f) of this section, before completion of the service described in clause (1) of this subsection, has completed the requirements of a secondary school diploma (or an equivalency certificate), except that (i) an individual described in clause (1)(B) of this subsection may meet the requirement of this clause by having successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree, and (ii) an individual described in clause (1)(A) of this subsection may meet such requirement by having successfully completed (or otherwise received academic credit for) the equivalent of such 12 semester hours before the end of the individual’s initial obligated period of active duty; and”.
Subsec. (e)(1).
Pub. L. 106–419, § 103(b)(2), struck out “initial” before “obligated period”.
Subsec. (f).
Pub. L. 106–419, § 105(a)(2), added subsec. (f).
Pub. L. 106–419, § 102(b)(2), struck out subsec. (f) which read as follows: “For the purposes of subsection (a)(2) of this section, an individual who was on active duty on August 2, 1990, and who completes the requirements of a secondary school diploma (or equivalency certificate) before October 28, 1994, shall be considered to have completed such requirements within the individual’s initial obligated period of active duty.”
Subsec. (g)(2).
Pub. L. 106–419, § 404(a)(6), substituted “subparagraph” for “subparagraphs” in two places.
1999—Subsec. (g)(1).
Pub. L. 106–117struck out “Federal” before “Government”.
1998—Subsec. (a)(2)(i), (ii).
Pub. L. 105–368, § 203(a), substituted “successfully completed (or otherwise received academic credit for)” for “successfully completed”.
Subsec. (g).
Pub. L. 105–368, § 207(b), added subsec. (g).
1996—Subsec. (b)(1)(B)(iii).
Pub. L. 104–106substituted “section
10143
(a) of title
10” for “section
268(b) of title
10”.
Subsec. (d)(2).
Pub. L. 104–201, § 556(b)(1), struck out “or upon completion of a program of educational assistance under section
2107 of title
10” after “Coast Guard Academy”.
Subsec. (d)(3).
Pub. L. 104–201, § 556(b)(2), added par. (3).
1994—Subsec. (f).
Pub. L. 103–446substituted “October 28, 1994,” for “the end of the 24-month period beginning on the date of the enactment of this subsection”.
1993—Subsec. (b)(1)(B)(iii).
Pub. L. 103–160substituted “September 30, 1999” for “September 30, 1995”.
1992—Subsec. (a)(1)(B).
Pub. L. 102–568, § 302(a)(2), substituted “at any time during the period beginning on October 19, 1984, and ending on July 1, 1985, continued on active duty without a break in service” for “on October 19, 1984, and without a break in service since October 19, 1984,”.
Subsec. (a)(2).
Pub. L. 102–568, § 303(a)(2)(A), inserted “except as provided in subsection (f) of this section,” after “who,”.
Subsec. (b)(1)(B)(iii).
Pub. L. 102–484added cl. (iii).
Subsec. (f).
Pub. L. 102–568, § 303(a)(2)(B), added subsec. (f).
1991—
Pub. L. 102–83, § 5(a), renumbered section
1412 of this title as this section.
Subsec. (b)(1).
Pub. L. 102–83, § 5(c)(1), substituted “3011(a)(1)(A)(ii)(I)” for “1411(a)(1)(A)(ii)(I)” in subpars. (A) and (B)(i) and (ii).
Subsec. (e).
Pub. L. 102–83, § 5(c)(1), substituted “3011” for “1411” in pars. (1) and (2).
1990—Subsec. (b)(1)(A)(vi).
Pub. L. 101–510, § 562(a)(3)(A), added cl. (vi).
Subsec. (b)(1)(B)(i).
Pub. L. 101–510, § 562(a)(3)(B), substituted “disability, for” for “disability or for” and inserted “, or for a physical or mental condition not characterized as a disability, as described in section
1411(a)(1)(A)(ii)(I) of this title” before “if the individual”.
Subsec. (b)(1)(B)(ii)(VI).
Pub. L. 101–510, § 562(a)(3)(C), added subcl. (VI).
1989—Subsec. (a)(1)(A)(ii), (B)(ii).
Pub. L. 101–237, § 423(a)(1)(A), substituted “and beginning within one year after completion” for “and after completion”.
Subsec. (a)(2).
Pub. L. 101–237, § 409, inserted cl. (i) designation and added cl. (ii).
Subsec. (b)(1).
Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing.
Subsec. (b)(2).
Pub. L. 101–237, § 423(a)(1)(B), substituted “After an individual begins service in the Selected Reserve within one year after completion of the service described in clause (A)(i) or (B)(i) of subsection (a)(1) of this section, the continuity of service of such individual as a member of the Selected Reserve” for “Continuity of service of a member in the Selected Reserve for purposes of such clauses”.
1988—Subsec. (a)(1)(A)(i).
Pub. L. 100–689, § 111(a)(2)(B), inserted “, as the individual’s initial obligated period of active duty,”.
Pub. L. 100–689, § 102(b)(1)(B), inserted “, subject to subsection (b) of this section,”.
Subsec. (a)(1)(B)(i).
Pub. L. 100–689, § 102(b)(1)(B), inserted “, subject to subsection (b) of this section,”.
Subsec. (a)(2).
Pub. L. 100–689, § 104(b), substituted “completed the requirements of a secondary school diploma” for “received a secondary school diploma”, and inserted “, except that an individual described in clause (1)(B) of this subsection may meet the requirement of this clause by having successfully completed the equivalent of 12 semester hours in a program of education leading to a standard college degree”.
Subsec. (b)(1).
Pub. L. 100–689, § 102(b)(1)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The requirement of four years of service under clauses (1)(A)(ii) and (1)(B)(ii) of subsection (a) of this section is not applicable to an individual who is discharged or released from service in the Selected Reserve for a service-connected disability, for hardship, or (in the case of an individual discharged or released after three and one-half years of such service) for the convenience of the Government.”
Subsec. (c).
Pub. L. 100–689, § 103(b)(1), substituted “reduced under this chapter” for “reduced under this subsection”.
Subsec. (e).
Pub. L. 100–689, § 105, added subsec. (e).
1987—Subsec. (a)(1)(A).
Pub. L. 100–48substituted “after June 30, 1985,” for “during the period beginning on July 1, 1985, and ending on June 30, 1988”.
1986—Subsec. (a).
Pub. L. 99–576, § 321(2)(A), substituted “subsection (d)” for “subsection (c)”.
Subsec. (a)(1)(B).
Pub. L. 99–576, § 307(a)(2), inserted “and was on active duty on October 19, 1984, and without a break in service since October 19, 1984,”.
Subsec. (b)(1).
Pub. L. 99–576, § 321(2)(B), inserted “such” after “three and one-half years of”.
Subsec. (c).
Pub. L. 99–576, § 303(a)(2), substituted “Any amount by which the basic pay of an individual is reduced under this subsection shall revert to the Treasury and shall not, for purposes of any Federal law, be considered to have been received by or to be within the control of such individual” for “Any amounts withheld from basic pay under this paragraph shall revert to the Treasury”.
1985—Subsec. (a)(1)(B).
Pub. L. 99–145struck out “and without a break in service on active duty since December 31, 1976,” after “chapter
34 of this title”.
Effective Date of 2008 Amendment
Amendment by
Pub. L. 110–317applicable with respect to any sole survivorship discharge granted after Sept. 11, 2001, see section 10 of
Pub. L. 110–317, set out as a note under section
2108 of Title
5, Government Organization and Employees.
Effective Date of 2002 Amendment
Amendment by
Pub. L. 107–296effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of
Pub. L. 107–296, set out as a note under section
101 of Title
10, Armed Forces.
Effective Date of 2001 Amendments
Amendment by section 106(a) of
Pub. L. 107–103applicable with respect to educational assistance allowances paid under this chapter for months beginning after Dec. 27, 2001, see section 106(b) of
Pub. L. 107–103, set out as a note under section
3011 of this title.
Amendment by
Pub. L. 107–14effective as if included in the enactment of section 105 of
Pub. L. 106–419, see section 7(c)(4) of
Pub. L. 107–14, set out as a note under section
3011 of this title.
Effective Date of 2000 Amendment
Amendment by section 105(a)(2) of
Pub. L. 106–419effective May 1, 2001, see section 105(c) of
Pub. L. 106–419, set out as a note under section
3011 of this title.
Effective Date of 1998 Amendment
Amendment by section 203(a) of
Pub. L. 105–368effective Oct. 1, 1998, see section 203(b) of
Pub. L. 105–368, set out as a note under section
3011 of this title.
Amendment by section 207(b) of
Pub. L. 105–368effective 120 days after Nov. 11, 1998, see section 207(d)(1) of
Pub. L. 105–368, set out as a note under section
3011 of this title.
Effective Date of 1996 Amendment
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) of
Pub. L. 104–106, set out as a note under section
113 of Title
10, Armed Forces.
Effective Date of 1992 Amendment
Amendment by section 302(a)(2) of
Pub. L. 102–568effective as of Oct. 28, 1986, see section 302(b) of
Pub. L. 102–568, set out as a note under section
3011 of this title.
Effective Date of 1990 Amendment
Amendment by
Pub. L. 101–510effective Oct. 19, 1984, see section 562(c) of
Pub. L. 101–510, set out as a note under section
3011 of this title.
Effective Date of 1988 Amendment
Amendment by section 102(b)(1) of
Pub. L. 100–689effective July 1, 1985, with respect to individuals discharged or released for medical condition which preexisted service on active duty or in Selected Reserve and which Administrator determines is not service connected, and effective Oct. 1, 1987, with respect to individuals involuntarily discharged or released for convenience of Government as a result of reduction in force, see section 102(c) of
Pub. L. 100–689, set out as a note under section
3011 of this title.
Effective Date of 1986 Amendment
Amendment by section 303(a)(2) of
Pub. L. 99–576applicable to any reduction in basic pay made under subsec. (c) of this section after Dec. 31, 1985, see section 303(b) of
Pub. L. 99–576, set out as a note under section
3011 of this title.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections
468
(b),
551
(d),
552
(d), and
557 of Title
6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title
6.
Notification Requirement
For requirement of notification of individuals on active duty in Armed Forces on Aug. 2, 1990, of extension of period for completion of requirements for a secondary school diploma, see section 303(b) of
Pub. L. 102–568, set out as a note under section
3011 of this title.