§16163 Eligibility for educational assistance

Summary

Reserve members who served on or after September 11, 2001 can get education benefits if they did one of these: they were on active duty supporting a contingency operation for 90 consecutive days or more, or (for the Army or Air National Guard) they did full‑time Title 32, section 502(f) duty for 90 consecutive days or more when the President or Secretary of Defense authorized it to respond to a President‑declared national emergency paid with Federal funds. If a member was ordered to that duty but released before 90 days because of an injury, illness, or disease caused or made worse on duty, they still get benefits at the rate in section 16162(c)(4)(A). Before leaving active service, each eligible member must get a written summary of these benefit rules and a clear statement of how section 16165 applies. The service Secretary must send a notice of entitlement to the Secretary of Veterans Affairs if asked. A member cannot count the same service under both this chapter and chapter 30 of title 38 and must make a final choice (in the form the Secretary of Veterans Affairs requires) about which program to use. Also, those eligible under this chapter and other education programs (chapter 1606 of this title; chapters 30, 31, 32, 33, or 35 of title 38; or the Hostage Relief Act of 1980) may not get benefits from more than one and must choose which program to use, except that this rule does not affect entitlement under section 16131(i).