§16162 Educational Assistance Program

Summary

Each military department head must create and keep a program that gives education help to Ready Reserve members, following rules from the Secretary of Defense. The Secretary of Homeland Security does this for the Coast Guard when it is not part of the Navy. The help can pay for any education program that is approved under chapter 30 of title 38. Payments are made through the Secretary of Veterans Affairs and are set as a percent of the rate in section 3015 of title 38 for a member whose entitlement is based on finishing three years of active duty. The percent is 40% if the member did active service 90 days but less than one year, 60% if one year but less than two years, and 80% if two continuous years or more or an aggregate of three years or more. If a program has a reduced rate under chapter 30 of title 38, that reduced rate is further adjusted by the same percent. The maximum amount of assistance is 36 months (or the part-time equivalent). If a member had to stop a course because they were ordered to active duty under sections 12301(a), 12301(d), 12301(g), 12302, or 12304 of this title and they lost credit or training time, the payment for that course will not be charged against their entitlement or counted toward the limits in section 3695 of title 38 for the time they actually lost. Other rules in section 16131(j) also apply, except where that rule refers to its subsection (b); for this program that reference is treated as pointing to subsection (c). A member may also choose to contribute up to $600 (in $20 steps, not more often than monthly) while in the reserves to raise their monthly allowance. Each $20 contributed raises the full-time monthly payment by $5 starting with the first enrollment period after the contribution; part-time increases are reduced as VA regulations specify. Contributions go to the member’s Secretary and are deposited into the Treasury.