---
kind: "section"
citation: "10 U.S.C. § 2142"
title: "10"
title_heading: "Armed Forces"
number: "2142"
heading: "Educational assistance program: eligibility"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/2142"
units:
  - "Subtitle A — General Military Law"
  - "Part III — Training and Education"
  - "Chapter 106A — Educational Assistance for Persons Enlisting for Active Duty"
---

# §2142. Educational assistance program: eligibility

- (a)
  - (1) A [program](/usc/10/2101.md?p=1) of educational assistance established under this chapter shall provide that any [person](/usc/10/2700.md?p=2) enlisting or reenlisting in an armed force under the jurisdiction of the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned who meets the eligibility requirements established by the [Secretary](/usc/10/4951.md?p=3) in accordance with [subsection (b)](#b) shall, subject to [paragraph (3)](#a-3), become entitled to educational assistance under [section 2143 of this title](/usc/10/2143.md) at the time of such enlistment.
  - (2) The period of educational assistance to which such a [person](/usc/10/2700.md?p=2) becomes entitled is one standard academic year (or the equivalent) for each year of the enlistment of such [person](/usc/10/2700.md?p=2), up to a maximum of four years. However, if the [person](/usc/10/2700.md?p=2) 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 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](/usc/10/2700.md?p=2) 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](/usc/10/2700.md?p=2) 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 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 which is the basis for entitlement to educational assistance 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 under this chapter.
    - (B) Entitlement to educational assistance under this chapter may not be used until a member has completed two years of [active service](/usc/10/101.md?p=d-3) of the enlistment which is the basis for entitlement to such educational assistance.
- (b) In establishing requirements for eligibility for an educational assistance [program](/usc/10/2101.md?p=1) under this chapter, the [Secretary concerned](/usc/10/2801.md?p=c-5) shall limit eligibility to [persons](/usc/10/2700.md?p=2) who—
  - (1) enlist or reenlist for service on [active duty](/usc/10/101.md?p=d-1) as a member of the Army, 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](/usc/10/4951.md?p=3) may consider appropriate for the purposes of this chapter and the needs of the [armed forces](/usc/10/101.md?p=a-4).

## Source credit

(Added Pub. L. 96–342, title IX, § 901(a), Sept. 8, 1980, 94 Stat. 1111.)