38 U.S.C. § 3016: Inservice enrollment in a…

Summary

Lets certain service members keep getting VA education benefits while they stay on active duty or in the Selected Reserve, if they meet specific service and date rules. If a service member first joined or first went on active duty after June 30, 1985, did not make an election under section 3011(c)(1) or 3012(d)(1), 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, they may get education benefits for an approved education program while continuing that duty. If a member was eligible for chapter 34 benefits on December 31, 1989, served the required two years after June 30, 1985, and would otherwise be eligible but for section 3012(a)(1)(B)(ii), they may, after December 31, 1989, get benefits while continuing that duty. If a member completed at least two years of active duty after June 30, 1985, stayed on active duty without a break, and would be entitled to basic educational assistance but for section 3018(b)(3)(A), they may receive such assistance while continuing the service described in section 3018(b)(2).

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) or 3012(a)(1)(A)(ii) 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 3011(a)(1)(A)(i)(I) 1 or 3012(a)(1)(A)(ii) of this title.

(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,

may, after December 31, 1989, receive educational assistance under this chapter for enrollment in an approved program of education while continuing to perform the duty described in section 3012(a)(1)(B)(ii) of this title.

(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,

may receive such assistance for enrollment in an approved program of education while continuing to perform the service described in section 3018(b)(2) of this title.

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