Page:United States Statutes at Large Volume 94 Part 1.djvu/1161

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PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-342—SEPT. 8, 1980

94 STAT, n i l

TITLE IX—ARMED FORCES EDUCATIONAL ASSISTANCE PROGRAMS DEPARTMENT OF DEFENSE EDUCATIONAL ASSISTANCE PROGRAM FOR PERSONS ENLISTING OR REENLISTING FOR SERVICE ON ACTIVE DUTY

SEC. 901. (a) Subtitle A of title 10, United States Code, is amended by inserting after chapter 106 the following new chapter: "CHAPTER 107—EDUCATIONAL ASSISTANCE FOR PERSONS ENLISTING FOR ACTIVE DUTY "Sec. "2141. "2142. "2143. "2144. "2145. "2146. "2147. "2148. "2149.

Educational assistance program: establishment. Educational assistance program: eligibility. Educational assistance: amount. Subsistence allowance. Adjustments of amount of educational assistance and of subsistence allowance. Right of member upon subsequent reenlistment to lump-sum payment in lieu of educational assistance. Right of member after reenlisting to transfer entitlement to spouse or dependent children. Duration of entitlement. Applications for educational assistance.

"§2141. Educational assistance program: establishment "(a) To encourage enlistments and reenlistments for service on active duty in the armed forces, the Secretary of each military department may establish a program in accordance with this chapter to provide educational assistance to persons enlisting or reenlisting in an armed force under his jurisdiction. The costs of any such program shall be borne by the Department of Defense, and a person participating in any such program may not be required to make any contribution to the program. "(b) The Secretary of Defense shall prescribe regulations for the administration of this chapter. Such regulations shall take account of the differences among the several armed forces. "(c) In this chapter, 'enlistment' means original enlistment or reenlistment. "§2142. Educational assistance program: eligibility "(a)(1) A program of educational assistance established under this chapter shall provide that any person enlisting or reenlisting in an armed force under the jurisdiction of the Secretary of the military department concerned who meets the eligibility requirements established by the Secretary in accordance with subsection (b) shall, subject to paragraph (3), become entitled to educational assistance under section 2143 of this title at the time of such enlistment. "(2) The period of educational assistance to which such a person becomes entitled is one standard academic year (or the equivalent) for each year of the enlistment of such person, up to a maximum of four years. However, if the person is discharged or otherwise released from active duty after completing two years of the term of such enlistment but before completing the full term of such enlistment (or before completing four years of such term, in the case of an enlistment of more than four years), then the period of educational assistance to which the person is entitled is one standard academic year (or the equivalent) for each year of active service of such person during such term. For the purposes of the preceding sentence, a

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Costs.

Regulations. "Enlistment. 10 USC 2142.