SUBCHAPTER III—SUPPLEMENTAL EDUCATIONAL ASSISTANCE

§3021. Supplemental educational assistance for additional service

(a) The Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, may provide for the payment of supplemental educational assistance under this subchapter to any individual eligible for basic educational assistance under section 3011 or 3018 of this title who—

(1) serves five or more consecutive years of active duty in the Armed Forces after the years of active duty counted under section 3011(a)(1) of this title without a break in such service; and

(2) after completion of the service described in clause (1) of this subsection—

(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list;

(B) continues on active duty without a break in service; or

(C) is released from active duty for further service in a reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service.

(b) The Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, may provide for the payment of supplemental educational assistance under this subchapter to any individual eligible for basic educational assistance under section 3012 or 3018 of this title who—

(1) serves two or more consecutive years of active duty in the Armed Forces after the years of active duty counted under section 3012(a)(1) of this title and four or more consecutive years of duty in the Selected Reserve after the years of duty in the Selected Reserve counted under such section without a break in service; and

(2) after completion of the service described in clause (1) of this subsection—

(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list; or

(B) continues on active duty or in the Selected Reserve.

(c) Continuity of service of a member in the Selected Reserve for purposes of subsection (b)(1) of this section shall not be considered to be broken—

(1) by any period of time (not to exceed a maximum period prescribed by the Secretary concerned by regulation) during which the member is not able to locate a unit of the Selected Reserve of the member's Armed Force that the member is eligible to join or that has a vacancy; or

(2) by any other period of time (not to exceed a maximum period prescribed by the Secretary concerned by regulation) during which the member is not attached to a unit of the Selected Reserve that the Secretary concerned, pursuant to regulations, considers to be inappropriate to consider for such purpose.

(d) A period of active duty or duty in the Selected Reserve that occurs before the period of duty by which the individual concerned qualifies for basic educational assistance may not be counted for purposes of this section.

(Added Pub. L. 98–525, title VII, §702(a)(1), Oct. 19, 1984, 98 Stat. 2558, §1421; amended Pub. L. 99–576, title III, §321(5), (6), Oct. 28, 1986, 100 Stat. 3278; Pub. L. 100–689, title I, §103(b)(5), Nov. 18, 1988, 102 Stat. 4166; Pub. L. 101–237, title IV, §423(b)(4)(B), Dec. 18, 1989, 103 Stat. 2092; renumbered §3021 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Prior Provisions

Prior section 3021 was renumbered section 5121 of this title.

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 1421 of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "3011 or 3018" for "1411 or 1418" in introductory provisions and "3011(a)(1)" for "1411(a)(1)" in par. (1).

Subsec. (b). Pub. L. 102–83, §5(c)(1), substituted "3012 or 3018" for "1412 or 1418" in introductory provisions and "3012(a)(1)" for "1412(a)(1)" in par. (1).

1989—Subsecs. (a), (b). Pub. L. 101–237 inserted "of Defense" after second reference to "Secretary".

1988—Subsecs. (a), (b). Pub. L. 100–689 inserted reference to section 1418 of this title.

1986—Subsec. (a)(1). Pub. L. 99–576, §321(5), substituted "after" for "in addition to".

Subsec. (b)(1). Pub. L. 99–576, §321(5), substituted "after" for "in addition to" in two places.

Subsec. (c)(1). Pub. L. 99–576, §321(6), substituted "the member's" for "his".

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 98–525, title VII, §702(b), Oct. 19, 1984, 98 Stat. 2563, provided that: "Subchapter III of chapter 30 of title 38, United States Code, as added by subsection (a), shall take effect on July 1, 1986."

§3022. Amount of supplemental educational assistance

(a) The amount of payment of educational assistance under this chapter is subject to section 3032 of this title. Except as otherwise provided under subsection (b) of this section, supplemental educational assistance under section 3021 of this title shall be paid—

(1) at a monthly rate of $300 for an approved program of education pursued on a full-time basis; or

(2) at an appropriately reduced rate, as determined under regulations which the Secretary shall prescribe, for an approved program of education pursued on less than a full-time basis.

(b) In the case of a member of the Armed Forces for whom the Secretary concerned has provided for the payment of supplemental educational assistance who has a skill or specialty designated by the Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, as a skill or specialty in which there is a critical shortage of personnel, the Secretary concerned, pursuant to such regulations, may increase the rate of the supplemental educational assistance allowance applicable to such individual to such rate in excess of the rate prescribed under subsection (a) of this section as the Secretary concerned considers appropriate, but the amount of any such increase may not exceed $300 per month.

(Added Pub. L. 98–525, title VII, §702(a)(1), Oct. 19, 1984, 98 Stat. 2559, §1422; amended Pub. L. 100–689, title I, §111(a)(5)(B), Nov. 18, 1988, 102 Stat. 4171; Pub. L. 101–237, title IV, §423(b)(1)(A), (4)(C), Dec. 18, 1989, 103 Stat. 2092; renumbered §3022 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Prior Provisions

Prior section 3022 was renumbered section 5122 of this title.

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 1422 of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "3032" for "1432" and "3021" for "1421" in introductory provisions.

1989—Subsec. (a)(2). Pub. L. 101–237, §423(b)(1)(A), substituted "Secretary" for "Administrator".

Subsec. (b). Pub. L. 101–237 inserted "of Defense" after third reference to "Secretary".

1988—Subsec. (a). Pub. L. 100–689 substituted "The amount of payment of educational assistance under this chapter is subject to section 1432 of this title. Except" for "Subject to section 1432 of this title and except".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective July 1, 1986, see section 702(b) of Pub. L. 98–525, set out as a note under section 3021 of this title.

§3023. Payment of supplemental educational assistance under this subchapter

The Secretary shall increase the monthly basic educational assistance allowance paid to an individual who is entitled to supplemental educational assistance under this subchapter by the monthly amount of the supplemental educational assistance to which the individual is entitled.

(Added Pub. L. 98–525, title VII, §702(a)(1), Oct. 19, 1984, 98 Stat. 2560, §1423; amended Pub. L. 101–237, title IV, §423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered §3023, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Prior Provisions

Prior section 3023 was renumbered section 5123 of this title.

Amendments

1991—Pub. L. 102–83 renumbered section 1423 of this title as this section.

1989—Pub. L. 101–237 substituted "Secretary" for "Administrator".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective July 1, 1986, see section 702(b) of Pub. L. 98–525, set out as a note under section 3021 of this title.