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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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LegalText 10 U.S.C. § 16164 Time limitation for use of entitlement us united_states_code code_section 10 ARMED FORCES 1607 EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND CERTAIN OTHER OPERATIONS 16164 10 U.S.C. § 16164 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s16164 data/legal/raw/us/code/title-10/usc10.xml 629ccc516880d5054bc0d7b7e1acd52242f0519d561a3f8f51117e4a057186a6 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 c8303f3afbdc43302ad4995f12dbecaaca0ef81866c40d3bc8f5f29f80e3d68e 2026-07-04 official
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10 U.S.C. § 16164 - Time limitation for use of entitlement

Text

(a) Duration of Entitlement.— Except as provided in subsection (b), a member remains entitled to educational assistance under this chapter—

(1) while the member is serving—

(A) in the Selected Reserve of the Ready Reserve, in the case of a member called or ordered to active service while serving in the Selected Reserve; or

(B) in the Ready Reserve, in the case of a member ordered to active duty while serving in the Ready Reserve (other than the Selected Reserve); and

(2) in the case of a person who separates from the Selected Reserve of the Ready Reserve after completion of a period of active service described in section 16163 of this title and completion of a service contract under honorable conditions, during the 10-year period beginning on the date on which the person separates from the Selected Reserve.

(b) Duration of Entitlement for Disabled Members.— (1) In the case of a person who is separated from the Ready Reserve because of a disability which was not the result of the individuals own willful misconduct incurred on or after the date on which such person became entitled to educational assistance under this chapter, such persons entitlement to educational assistance expires at the end of the 10-year period beginning on the date on which such person became entitled to such assistance.

(2) The provisions of subsections (d) and (f) of section 3031 of title 38 shall apply to the period of entitlement prescribed by paragraph (1).

(Added Pub. L. 108375, div. A, title V, § 527(a), Oct. 28, 2004, 118 Stat. 1892; amended Pub. L. 110181, div. A, title V, § 530(a)(1), Jan. 28, 2008, 122 Stat. 110; Pub. L. 110417, [div. A], title V, § 546(a), Oct. 14, 2008, 122 Stat. 4466.)

Notes

Editorial Notes

Amendments2008—Subsec. (a). Pub. L. 110181 substituted “this chapter—” and pars. (1) and (2) for “this chapter while serving— “(1) in the Selected Reserve of the Ready Reserve, in the case of a member called or ordered to active service while serving in the Selected Reserve; or “(2) in the Ready Reserve, in the case of a member ordered to active duty while serving in the Ready Reserve (other than the Selected Reserve).” Subsec. (a)(2). Pub. L. 110417 substituted “honorable conditions” for “other than dishonorable conditions”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 AmendmentPub. L. 110417, [div. A], title V, § 546(b), Oct. 14, 2008, 122 Stat. 4466, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Oct. 14, 2008] and shall apply to a person described in section 16163 of title 10, United States Code, who— “(1) separates from a reserve component on or after January 28, 2008, the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008 [Pub. L. 110181]; and “(2) as of the date of the enactment of this Act, has not used any of the persons entitlement to educational assistance under chapter 1607 of such title.” Pub. L. 110181, div. A, title V, § 530(c), Jan. 28, 2008, 122 Stat. 110, provided that: “The amendments made by this section [amending this section and section 16165 of this title] shall take effect as of October 28, 2004, as if included in the enactment of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108375), to which such amendments relate.”