Title 10Armed ForcesRelease 119-73

§16135 Failure to participate satisfactorily; penalties

Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART IV— - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE PROGRAMS › Chapter CHAPTER 1606— - EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE › § 16135

Last updated Apr 6, 2026|Official source

Summary

If a Selected Reserve member who got education benefits fails required training during the enlistment when they received those benefits, the Secretary may either order the member to active duty for two years (or for the shorter time left under section 16132) or make the member repay the benefits under sections 303a(e) or 373 of title 37. Repayment does not change the member’s obligation to serve in the Selected Reserve.

Full Legal Text

Title 10, §16135

Armed Forces — Source: USLM XML via OLRC

(a)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) or 373 of title 37.
(b)Any repayment under section 303a(e) or 373 of title 37 shall not affect the period of obligation of a member to serve as a Reserve in the Selected Reserve.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2017—Subsecs. (a)(2), (b). Pub. L. 115–91 inserted “or 373” before “of title 37”. 2006—Pub. L. 109–163 reenacted 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. 2002—Subsec. (c). Pub. L. 107–314 added subsec. (c). 1996—Subsec. (b)(1)(A). Pub. L. 104–106 substituted “16131(a)” for “2131(a)”. 1994—Pub. L. 103–337, § 1663(b)(2), renumbered section 2135 of this title as this section. 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. 98–525 amended 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. 1980—Pub. L. 96–342 substituted “1985” for “1980”. 1978—Pub. L. 95–485 substituted “1980” for “1978”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–106 effective 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 this title.

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an

Effective Date

note under section 10001 of this title.

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–525 effective 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) of Pub. L. 98–525, set out as a note under section 16131 of this title.

Savings Provision

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) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 16135

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73