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Title 10 — Armed ForcesRelease 119-73

§16164 Time limitation for use of entitlement

Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART IV— - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE PROGRAMS › Chapter CHAPTER 1607— - EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND CERTAIN OTHER OPERATIONS › § 16164

Last updated Apr 6, 2026|Official source

Summary

Sets time limits for when a service member can use their education benefits. If a member is called to active duty from the Selected Reserve or ordered to active duty from the Ready Reserve, they keep their education benefits while they are serving. If a person leaves the Selected Reserve after finishing the required active service and an honorable service agreement, they have 10 years from the date they separate to use their benefits. If a person is separated from the Ready Reserve because of a disability that was not the person’s own intentional fault, and the disability happened on or after the date they became eligible, their benefit period ends 10 years after the date they first became eligible. The rules in 38 U.S.C. 3031(d) and (f) also apply to that 10-year period.

Full Legal Text

Title 10, §16164

Armed Forces — Source: USLM XML via OLRC

(a)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)(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 individual’s own willful misconduct incurred on or after the date on which such person became entitled to educational assistance under this chapter, such person’s 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).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Subsec. (a). Pub. L. 110–181 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. 110–417 substituted “honorable conditions” for “other than dishonorable conditions”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 Amendment Pub. L. 110–417, [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. 110–181]; and “(2) as of the date of the enactment of this Act, has not used any of the person’s entitlement to educational assistance under chapter 1607 of such title.” Pub. L. 110–181, 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 108–375), to which such

Amendments

relate.”

Reference

Citations & Metadata

Citation

10 U.S.C. § 16164

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73