--- kind: "section" citation: "38 U.S.C. § 3021" title: "38" title_heading: "Veterans’ Benefits" number: "3021" heading: "Supplemental educational assistance for additional service" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/38/3021" units: - "Part III — Readjustment and Related Benefits" - "Chapter 30 — All-Volunteer Force Educational Assistance Program" - "Subchapter III — Supplemental Educational Assistance" --- # §3021. Supplemental educational assistance for additional service - (a) The [Secretary concerned](/usc/38/101.md?p=25), pursuant to regulations to be prescribed by the [Secretary of Defense](/usc/38/3002.md?p=5), may provide for the payment of [supplemental educational assistance](/usc/38/3002.md?p=2) under this subchapter to any individual eligible for [basic educational assistance](/usc/38/3002.md?p=1) under section [3011](/usc/38/3011.md) or [3018](/usc/38/3018.md) of this title who— - (1) serves five or more consecutive years of [active duty](/usc/38/3002.md?p=6) in the [Armed Forces](/usc/38/101.md?p=10) after the years of [active duty](/usc/38/3002.md?p=6) counted under [section 3011(a)(1) of this title](/usc/38/3011.md?p=a-1) 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](/usc/38/101.md?p=26) or Fleet Marine Corps [Reserve](/usc/38/101.md?p=26), or is placed on the temporary disability retired list; - (B) continues on [active duty](/usc/38/3002.md?p=6) without a break in service; or - (C) is released from [active duty](/usc/38/3002.md?p=6) for further service in a [reserve component](/usc/38/101.md?p=27) of the [Armed Forces](/usc/38/101.md?p=10) after service on [active duty](/usc/38/3002.md?p=6) characterized by the [Secretary concerned](/usc/38/101.md?p=25) as honorable service. - (b) The [Secretary concerned](/usc/38/101.md?p=25), pursuant to regulations to be prescribed by the [Secretary of Defense](/usc/38/3002.md?p=5), may provide for the payment of [supplemental educational assistance](/usc/38/3002.md?p=2) under this subchapter to any individual eligible for [basic educational assistance](/usc/38/3002.md?p=1) under section [3012](/usc/38/3012.md) or [3018](/usc/38/3018.md) of this title who— - (1) serves two or more consecutive years of [active duty](/usc/38/3002.md?p=6) in the [Armed Forces](/usc/38/101.md?p=10) after the years of [active duty](/usc/38/3002.md?p=6) counted under [section 3012(a)(1) of this title](/usc/38/3012.md?p=a-1) and four or more consecutive years of duty in the [Selected Reserve](/usc/38/3002.md?p=4) after the years of duty in the [Selected Reserve](/usc/38/3002.md?p=4) 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](/usc/38/101.md?p=26) or Fleet Marine Corps [Reserve](/usc/38/101.md?p=26), or is placed on the temporary disability retired list; or - (B) continues on [active duty](/usc/38/3002.md?p=6) or in the [Selected Reserve](/usc/38/3002.md?p=4). - (c) Continuity of service of a member in the [Selected Reserve](/usc/38/3002.md?p=4) for purposes of [subsection (b)(1)](#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](/usc/38/101.md?p=25) by regulation) during which the member is not able to locate a unit of the [Selected Reserve](/usc/38/3002.md?p=4) 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](/usc/38/101.md?p=25) by regulation) during which the member is not attached to a unit of the [Selected Reserve](/usc/38/3002.md?p=4) that the [Secretary concerned](/usc/38/101.md?p=25), pursuant to regulations, considers to be inappropriate to consider for such purpose. - (d) A period of [active duty](/usc/38/3002.md?p=6) or duty in the [Selected Reserve](/usc/38/3002.md?p=4) that occurs before the period of duty by which the individual concerned qualifies for [basic educational assistance](/usc/38/3002.md?p=1) may not be counted for purposes of this section. ## Source credit (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.) ## Notes ### 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.”