---
kind: "range"
citation: "10 U.S.C. §§ 2141–2149"
title: "10"
from: "2141"
to: "2149"
count: 9
release: "119-102"
url: "https://uscodex.org/usc/10/2141..2149"
---

# §2141. Educational assistance program: establishment

- (a) To encourage [enlistments](#c) and reenlistments for service on [active duty](/usc/10/101.md?p=d-1) in the [armed forces](/usc/10/101.md?p=a-4), the Secretary of each military [department](/usc/10/101.md?p=a-6) may establish a program in accordance with this chapter to provide educational [assistance](/usc/10/2005.md?p=d-2) to persons enlisting or reenlisting in an armed force under his jurisdiction. The costs of any such program shall be borne by the [Department](/usc/10/101.md?p=a-6) 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](/usc/10/101.md?p=a-4).
- (c) In this chapter, the term “enlistment” means [original](/usc/10/101.md?p=b-10) enlistment or reenlistment.

# §2142. Educational assistance program: eligibility

- (a)
  - (1) A program of educational [assistance](/usc/10/2005.md?p=d-2) 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](/usc/10/101.md?p=a-6) concerned who meets the eligibility requirements established by the Secretary in accordance with [subsection (b)](#b) shall, subject to [paragraph (3)](#a-3), become entitled to educational [assistance](/usc/10/2005.md?p=d-2) under [section 2143 of this title](/usc/10/2143.md) at the time of such [enlistment](/usc/10/2141.md?p=c).
  - (2) The period of educational [assistance](/usc/10/2005.md?p=d-2) to which such a person becomes entitled is one standard academic year (or the equivalent) for each year of the [enlistment](/usc/10/2141.md?p=c) of such person, up to a maximum of four years. However, if the person is discharged or otherwise released from [active duty](/usc/10/101.md?p=d-1) after completing two years of the term of such [enlistment](/usc/10/2141.md?p=c) but before completing the full term of such [enlistment](/usc/10/2141.md?p=c) (or before completing four years of such term, in the case of an [enlistment](/usc/10/2141.md?p=c) of more than four years), then the period of educational [assistance](/usc/10/2005.md?p=d-2) to which the person is entitled is one standard academic year (or the equivalent) for each year of [active service](/usc/10/101.md?p=d-3) of such person during such term. For the purposes of the preceding sentence, a portion of a year of [active service](/usc/10/101.md?p=d-3) shall be rounded to the nearest month and shall be prorated to a standard academic year.
  - (3)
    - (A) A [member](/usc/10/1408.md?p=a-5) who is discharged or otherwise released from [active duty](/usc/10/101.md?p=d-1) before completing two years of [active service](/usc/10/101.md?p=d-3) of an [enlistment](/usc/10/2141.md?p=c) which is the basis for entitlement to educational [assistance](/usc/10/2005.md?p=d-2) under this chapter or who is discharged or otherwise released from [active duty](/usc/10/101.md?p=d-1) under other than honorable conditions is not entitled to educational [assistance](/usc/10/2005.md?p=d-2) under this chapter.
    - (B) Entitlement to educational [assistance](/usc/10/2005.md?p=d-2) under this chapter may not be used until a [member](/usc/10/1408.md?p=a-5) has completed two years of [active service](/usc/10/101.md?p=d-3) of the [enlistment](/usc/10/2141.md?p=c) which is the basis for entitlement to such educational [assistance](/usc/10/2005.md?p=d-2).
- (b) In establishing requirements for eligibility for an educational [assistance](/usc/10/2005.md?p=d-2) program under this chapter, the [Secretary concerned](/usc/10/101.md?p=a-9) shall limit eligibility to persons who—
  - (1) enlist or reenlist for service on [active duty](/usc/10/101.md?p=d-1) as a [member](/usc/10/1408.md?p=a-5) of the [Army](/usc/10/7001.md), Navy, Air Force, or Marine Corps after September 30, 1980, and before October 1, 1981;
  - (2) are graduates from a secondary school; and
  - (3) meet such other requirements as the Secretary may consider appropriate for the purposes of this chapter and the needs of the [armed forces](/usc/10/101.md?p=a-4).

# §2143. Educational assistance: amount

- (a) Subject to [subsection (b)](#b), an educational [assistance](/usc/10/2005.md?p=d-2) program established under [section 2141 of this title](/usc/10/2141.md) shall provide for payment by the [Secretary concerned](/usc/10/101.md?p=a-9) of educational expenses incurred for instruction at an [accredited institution](#c) by a person entitled to such [assistance](/usc/10/2005.md?p=d-2) under this chapter. Expenses for which payment may be made under this section include tuition, fees, books, laboratory fees, and shop fees for consumable materials used as part of classroom or laboratory instruction. Payments under this section shall be limited to those educational expenses normally incurred by students at the institution involved.
- (b)
  - (1) The [Secretary concerned](/usc/10/101.md?p=a-9) shall establish the amount of educational [assistance](/usc/10/2005.md?p=d-2) for a standard academic year (or the equivalent) to which a person becomes entitled under this chapter at the time of an [enlistment](/usc/10/2141.md?p=c) described in [section 2142 of this title](/usc/10/2142.md). Depending on the needs of the service, different amounts may be established for different categories of persons or [enlistments](/usc/10/2141.md?p=c). The amount of educational [assistance](/usc/10/2005.md?p=d-2) to which any person is entitled shall be adjusted in accordance with [section 2145 of this title](/usc/10/2145.md).
  - (2) The amount of educational [assistance](/usc/10/2005.md?p=d-2) which may be provided to any person for a standard academic year (or the equivalent) may not exceed $1,200, adjusted in accordance with [section 2145 of this title](/usc/10/2145.md).
- (c) In this section, the term “accredited institution” means a civilian college or university or a trade, technical, or vocational school in the [United States](/usc/10/101.md?p=a-1) (including the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands) that provides education at the postsecondary level and that is accredited by a nationally recognized accrediting [agency](/usc/10/4701.md?p=g-1) or association or by an accrediting [agency](/usc/10/4701.md?p=g-1) or association recognized by the Secretary of Education.

# §2144. Subsistence allowance

- (a) Subject to [subsection (b)](#b), a person entitled to educational [assistance](/usc/10/2005.md?p=d-2) under this chapter is entitled to receive a monthly subsistence allowance during any period for which educational [assistance](/usc/10/2005.md?p=d-2) is provided such person. The amount of a subsistence allowance under this section is $300 per month, adjusted in accordance with [section 2145 of this title](/usc/10/2145.md), in the case of a person pursuing a course of instruction on a full-time basis and is one-half of such amount (as so adjusted) in the case of a person pursuing a course of instruction on less than a full-time basis.
- (b) The number of months for which a subsistence allowance may be provided to any person under this section is computed on the basis of nine months for each standard academic year of educational [assistance](/usc/10/2005.md?p=d-2) to which such person is entitled.
- (c) For purposes of [subsection (a)](#a), a person shall be considered to be pursuing a course of instruction on a full-time basis if the person is enrolled in twelve or more semester hours of instruction (or the equivalent, as determined by [Secretary concerned](/usc/10/101.md?p=a-9)).

# §2145. Adjustments of amount of educational assistance and of subsistence allowance

- (a) Once each year, the Secretary of Defense shall adjust the amount of educational [assistance](/usc/10/2005.md?p=d-2) which may be provided to any person in any standard academic year under [section 2143 of this title](/usc/10/2143.md), and the amount of the subsistence allowance authorized under [section 2144 of this title](/usc/10/2144.md) for pursuit of a course of instruction on a full-time basis, in a manner consistent with the change over the preceding twelve-month period in the average [actual cost of attendance](#b) at public institutions of higher education.
- (b) In this section, the term “actual cost of attendance” has the meaning given the term “cost of attendance” by section 472 of the Higher Education Act of 1965 ([20 U.S.C. 1087ll](/usc/20/1087ll.md)).

# §2146. Right of member upon subsequent reenlistment to lump-sum payment in lieu of educational assistance

- (a) A [member](/usc/10/1408.md?p=a-5) who is entitled to educational [assistance](/usc/10/2005.md?p=d-2) under this chapter and who reenlists at the end of the [enlistment](/usc/10/2141.md?p=c) which established such entitlement may, at the time of such reenlistment, elect to receive a lump-sum payment computed under [subsection (b)](#b) in lieu of receiving such educational [assistance](/usc/10/2005.md?p=d-2). An election to receive such a lump-sum payment is irrevocable.
- (b) The amount of a lump-sum payment under [subsection (a)](#a) is 60 percent of the sum of—
  - (1) the product of (A) the [rate](/usc/10/101.md?p=b-9) for educational [assistance](/usc/10/2005.md?p=d-2) under [section 2143(b) of this title](/usc/10/2143.md?p=b) applicable to such [member](/usc/10/1408.md?p=a-5) which is in effect at the time of such reenlistment, and (B) the number of standard academic years of entitlement of such [member](/usc/10/1408.md?p=a-5) to such [assistance](/usc/10/2005.md?p=d-2); and
  - (2) the product of (A) the [rate](/usc/10/101.md?p=b-9) for the subsistence allowance authorized under [section 2144 of this title](/usc/10/2144.md) for pursuit of a course of instruction on a full-time basis at the time of such reenlistment, and (B) the number of months of entitlement of such [member](/usc/10/1408.md?p=a-5) to such allowance.

# §2147. Right of member after reenlisting to transfer entitlement to spouse or dependent children

- (a)
  - (1)
    - (A) A person who is entitled to educational [assistance](/usc/10/2005.md?p=d-2) under [section 2142 of this title](/usc/10/2142.md) and who reenlisted in an armed force at any time after the end of the [enlistment](/usc/10/2141.md?p=c) which established such entitlement may at any time after such reenlistment elect to transfer all or any part of such entitlement to the [spouse](/usc/10/101.md?p=g-5) or [dependent child](#d-1) of such person.
    - (B) The Secretary of the Navy may authorize a [member](/usc/10/1408.md?p=a-5) of the Navy or Marine Corps who is entitled to educational [assistance](/usc/10/2005.md?p=d-2) under [section 2142 of this title](/usc/10/2142.md) and whose [enlistment](/usc/10/2141.md?p=c) that established such entitlement was the [member](/usc/10/1408.md?p=a-5)’s second reenlistment as a [member](/usc/10/1408.md?p=a-5) of the [armed forces](/usc/10/101.md?p=a-4) to transfer all or part of such entitlement to the [spouse](/usc/10/101.md?p=g-5) or [dependent child](#d-1) of such [member](/usc/10/1408.md?p=a-5) after the completion of four years of [active service](/usc/10/101.md?p=d-3) of that second reenlistment if that reenlistment was for a period of at least six years.
    - (C) A transfer under this paragraph may be revoked at any time by the person making the transfer.
  - (2) If a person described in [paragraph (1)](#a-1) dies before making an election authorized by such paragraph but has never made an election not to transfer such entitlement, any unused entitlement of such person shall be automatically transferred to such person’s [surviving spouse](#d-2) or (if there is no eligible [surviving spouse](#d-2)) to such person’s dependent children. A [surviving spouse](#d-2) to whom entitlement to educational [assistance](/usc/10/2005.md?p=d-2) is transferred under this paragraph may elect to transfer such entitlement to the dependent children of the person whose service established such entitlement.
  - (3) Any transfer of entitlement under this subsection shall be made in accordance with regulations prescribed by the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned.
- (b) A [spouse](/usc/10/101.md?p=g-5) or [surviving spouse](#d-2) or a [dependent child](#d-1) to whom entitlement is transferred under [subsection (a)](#a) is entitled to educational [assistance](/usc/10/2005.md?p=d-2) under this chapter in the same manner and at the same [rate](/usc/10/101.md?p=b-9) as the person from whom the entitlement was transferred.
- (c) The total amount of educational [assistance](/usc/10/2005.md?p=d-2) available to a person entitled to educational [assistance](/usc/10/2005.md?p=d-2) under [section 2142 of this title](/usc/10/2142.md) and to the person’s [spouse](/usc/10/101.md?p=g-5), [surviving spouse](#d-2), and dependent children is the amount of educational [assistance](/usc/10/2005.md?p=d-2) to which the person is entitled. If more than one person is being provided educational [assistance](/usc/10/2005.md?p=d-2) for the same period by virtue of the entitlement of the same person, the subsistence allowance authorized by [section 2144 of this title](/usc/10/2144.md) shall be divided in such manner as the person may specify or (if the person fails to specify) as the [Secretary concerned](/usc/10/101.md?p=a-9) may prescribe.
- (d) In this section:
  - (1) The term “dependent child” has the meaning given the term “[dependent](/usc/10/987.md?p=i-2)” in [section 1072(2)(D) of this title](/usc/10/1072.md?p=2-D).
  - (2) The term “surviving spouse” means a widow or widower who is not remarried.

# §2148. Duration of entitlement


The entitlement of any person to educational [assistance](/usc/10/2005.md?p=d-2) under this chapter expires at the end of the ten-year period beginning on the date of the retirement or discharge or other separation from [active duty](/usc/10/101.md?p=d-1) of the person upon whose service such entitlement is based. In the case of a [member](/usc/10/1408.md?p=a-5) entitled to educational [assistance](/usc/10/2005.md?p=d-2) under this chapter who dies while on [active duty](/usc/10/101.md?p=d-1) and whose entitlement is transferred to a [spouse](/usc/10/101.md?p=g-5) or [dependent child](/usc/10/2147.md?p=d-1), such entitlement expires at the end of the ten-year period beginning on the date of such [member](/usc/10/1408.md?p=a-5)’s death.


# §2149. Applications for educational assistance


To receive educational [assistance](/usc/10/2005.md?p=d-2) benefits under this chapter, a person entitled to such [assistance](/usc/10/2005.md?p=d-2) under section [2142](/usc/10/2142.md) or [2147](/usc/10/2147.md) of this title shall submit an application for such [assistance](/usc/10/2005.md?p=d-2) to the [Secretary concerned](/usc/10/101.md?p=a-9) in such form and manner as the [Secretary concerned](/usc/10/101.md?p=a-9) may prescribe.