§3016 — Title 38 Veterans' Benefits | U.S. Code

Summary

Allows members of the Armed Forces to enroll in an education program while still serving if they meet certain service and timing rules. The rules focus on having served at least two years after June 30, 1985, and on continuing service without a break in certain cases. There are three groups covered. One group is people who first joined or first went on active duty after June 30, 1985, did not make a special election, completed at least two years of active duty after that date, and then stayed on active duty or in the Selected Reserve without a break, and who would otherwise qualify for basic educational help except for other eligibility rules. The second group is those who were eligible for education benefits on December 31, 1989, also completed the two years of service after June 30, 1985, and who would otherwise qualify except for another rule. The third group is those who finished at least two years of active duty after June 30, 1985, stayed on active duty without a break, and who would otherwise be entitled to basic educational assistance except for a specific rule.

Title 38, §3016

Veterans' Benefits — Source: USLM XML via OLRC

(a)A member of the Armed Forces who—

(1)first becomes a member or first enters on active duty as a member of the Armed Forces after June 30, 1985, and does not make an election under section 3011(c)(1) or section 3012(d)(1);

(2)completes at least two years of service on active duty after such date;

(3)after such service, continues on active duty or in the Selected Reserve without a break in service (except as described in section 3012(b)(2) of this title); and

(4)but for section 3011(a)(1)(A)(i)(I) 11 See References in Text note below. or 3012(a)(1)(A)(ii) of this title would be eligible for basic educational assistance,

(b)A member of the Armed Forces who—

(1)as of December 31, 1989, is eligible for educational assistance benefits under chapter 34 of this title;

(2)after June 30, 1985, has served the two years required by section 3012(a)(1)(B)(i); and

(3)but for section 3012(a)(1)(B)(ii) of this title would be eligible for basic educational assistance,

(c)A member of the Armed Forces who—

(1)completes at least two years of service on active duty after June 30, 1985;

(2)after such service continues on active duty without a break in service; and

(3)but for section 3018(b)(3)(A) of this title would be entitled to basic educational assistance under this chapter,

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 3011(a)(1)(A)(i), referred to in subsec. (a), was amended generally by Pub. L. 106–419, title I, § 103(a)(1)(A), Nov. 1, 2000, 114 Stat. 1825, and, as so amended, does not contain a subcl. (I).

Amendments

1991—Pub. L. 102–83, § 5(a), renumbered section 1416 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3011(c)(1)” for “1411(c)(1)”, “3012(d)(1)” for “1412(d)(1)”, “3012(b)(2)” for “1412(b)(2)”, and “3011(a)(1)(A)(i)(I) or 3012(a)(1)(A)(ii)” for “1411(a)(1)(A)(i)(I) or 1412(a)(1)(A)(ii)” in two places. Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3012(a)(1)(B)(i)” for “1412(a)(1)(B)(i)” and “3012(a)(1)(B)(ii)” for “1412(a)(1)(B)(ii)” in two places. Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “3018(b)(3)(A)” for “1418(b)(3)(A)” and “3018(b)(2)” for “1418(b)(2)”. 1988—Subsec. (c). Pub. L. 100–689 added subsec. (c). 1986—Pub. L. 99–576 amended section generally. Prior to amendment, section read as follows: “A member of the Armed Forces who has completed at least two years of service on active duty after June 30, 1985, has continued on active duty or in the Selected Reserve without a break in service (except as described in section 1412(b)(2) of this title), and who but for section 1411(a)(1) or 1412(a)(1) of this title would be eligible for basic educational assistance may receive educational assistance under this chapter for enrollment in an approved program of education while continuing to perform the duty described in section 1411(a)(1) or 1412(a)(1) of this title.”

§3016 Inservice enrollment in a program of education