§16163 Eligibility for Educational Assistance

Summary

Gives reserve members education benefits if they meet certain service rules. A member who, on or after September 11, 2001, served on active duty in support of a contingency operation for 90 consecutive days or more, or an Army or Air National Guard member who did 90 consecutive days of full‑time Guard duty under 32 U.S.C. 502(f) when the President or Secretary of Defense ordered it for a President‑declared, federally funded national emergency, is eligible. If a member was sent on that duty but left before 90 days because of an injury, illness, or disease caused or worsened in the line of duty, they still get benefits at the rate in 16162(c)(4)(A). Before leaving active service, each qualifying member must get a written summary of these benefits and a clear notice about the matter in 16165. If the Secretary of Veterans Affairs asks, the appropriate Secretary must send a notice of entitlement to the VA. A qualifying member cannot get credit for the same service under this program and chapter 30 of title 38. They must make an irreversible choice, in the form the Secretary of Veterans Affairs requires, about which program to use. Also, someone eligible for this program and for benefits under 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 of those programs and must pick which one to use, except that the rule against double benefits does not apply to the entitlement in 16131(i).