§16165 — Title 10 Armed Forces | U.S. Code

§16165 Termination of assistance

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 › § 16165

Last updated Apr 6, 2026|Official source

Summary

Education benefits under this chapter must stop if the member gets financial help under section 2107 as part of the Senior ROTC, or when the member leaves the Ready Reserve as described in section 16164(a)(1), or when the time in section 16164(a)(2) ends. The Secretary of Defense can make rules that allow a Selected Reserve member to keep getting education benefits even if they have a break in Selected Reserve service, as long as the member keeps serving in the Ready Reserve during and after that break.

Title 10, §16165

Armed Forces — Source: USLM XML via OLRC

(a)Except as provided in subsection (b), educational assistance may not be provided under this chapter, or if being provided under this chapter, shall be terminated—

(1)if the member is receiving financial assistance under section 2107 of this title as a member of the Senior Reserve Officers’ Training Corps program; or

(2)when the member separates from the Ready Reserve as provided in section 16164(a)(1) of this title, or upon completion of the period provided for in section 16164(a)(2) of this title, as applicable.

(b)Under regulations prescribed by the Secretary of Defense, educational assistance may be provided under this chapter to a member of the Selected Reserve of the Ready Reserve who incurs a break in service in the Selected Reserve if the member continues to serve in the Ready Reserve during and after such break in service.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Subsec. (a)(2). Pub. L. 110–181, § 530(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “when the member separates from the Ready Reserve, as provided for under section 16164(a)(1) or section 16164(a)(2), as applicable, of this title.” Subsec. (b). Pub. L. 110–181, § 530(b), struck out “of not more than 90 days” after “in the Selected Reserve”. 2006—Pub. L. 109–163 designated existing provisions as subsec. (a), inserted heading, substituted “Except as provided in subsection (b), educational assistance” for “Educational assistance”, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment by Pub. L. 110–181 effective as of Oct. 28, 2004, as if included in the enactment of Pub. L. 108–375 to which such amendment related, see section 530(c) of Pub. L. 110–181, set out as a note under section 16164 of this title.