# § 16133. Time limitation for use of entitlement
**(a)** Except as provided in subsection (b), the period during which a person entitled to educational assistance under this chapter may use such person’s entitlement expires on the date the person is separated from the Selected Reserve.
**(b)**
**(1)** In the case of a person—
the period for using entitlement prescribed by subsection (a) shall be determined without regard to clause (2) of such subsection.
**(A)** who is separated from the Selected Reserve because of a disability which was not the result of the individual’s own willful misconduct incurred on or after the date on which such person became entitled to educational assistance under this chapter; or
**(B)** who, on or after the date on which such person became entitled to educational assistance under this chapter ceases to be a member of the Selected Reserve during the period beginning on October 1, 1991, and ending on December 31, 2001, or the period beginning on October 1, 2007, and ending on September 30, 2014, by reason of the inactivation of the person’s unit of assignment or by reason of involuntarily ceasing to be designated as a member of the Selected Reserve pursuant to section 10143(a) of this title,
**(2)** The provisions of section 3031(f) of title 38 shall apply to the period of entitlement prescribed by subsection (a).
**(3)** The provisions of section 3031(d) of title 38 shall apply to the period of entitlement prescribed by subsection (a) in the case of a disability incurred in or aggravated by service in the Selected Reserve.
**(4)** In the case of a member of the Selected Reserve of the Ready Reserve who serves on active duty pursuant to an order to active duty issued under section 12301(a), 12301(d), 12301(g), 12302, 12304, 12304a, or 12304b of this title—
**(A)** the period of such active duty service plus four months shall not be considered in determining the expiration date applicable to such member under subsection (a); and
**(B)** the member may not be considered to have been separated from the Selected Reserve for the purposes of clause (2) of such subsection by reason of the commencement of such active duty service.
**(5)** In any case in which the Secretary concerned determines that a person entitled to educational assistance under this chapter has been prevented from using such person’s entitlement due to an emergency situation, the Secretary concerned shall extend the period of entitlement prescribed in subsection (a) for a period equal to the number of months that the person was so prevented from using such entitlement, as determined by the Secretary.
**(c)** In this section, the term “emergency situation” has the meaning given such term in section 3601 of title 38.
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**Source Credit**: (Added Pub. L. 95–79, title IV, § 402(a), July 30, 1977, 91 Stat. 329, § 2133; amended Pub. L. 96–107, title IV, § 402(b), Nov. 9, 1979, 93 Stat. 808; Pub. L. 96–513, title V, § 511(70), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 98–525, title VII, § 705(a)(1), Oct. 19, 1984, 98 Stat. 2566; Pub. L. 100–456, div. A, title XII, § 1233(g)(2), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 100–689, title I, § 111(b)(5), Nov. 18, 1988, 102 Stat. 4173; Pub. L. 102–127, § 3, Oct. 10, 1991, 105 Stat. 622; Pub. L. 102–484, div. D, title XLIV, § 4419(a), Oct. 23, 1992, 106 Stat. 2717; Pub. L. 102–568, title III, § 320(a)(2), Oct. 29, 1992, 106 Stat. 4335; Pub. L. 103–160, div. A, title V, § 561(m), Nov. 30, 1993, 107 Stat. 1668; renumbered § 16133 and amended Pub. L. 103–337, div. A, title XVI, § 1663(b)(2), (5), Oct. 5, 1994, 108 Stat. 3006, 3007; Pub. L. 105–85, div. A, title V, § 553(b), Nov. 18, 1997, 111 Stat. 1748; Pub. L. 105–261, div. A, title V, § 561(q), Oct. 17, 1998, 112 Stat. 2027; Pub. L. 106–398, § 1 [[div. A], title V, § 571(p)], Oct. 30, 2000, 114 Stat. 1654, 1654A–135; Pub. L. 107–314, div. A, title VI, § 641(a), Dec. 2, 2002, 116 Stat. 2576; Pub. L. 110–181, div. A, title V, § 529, Jan. 28, 2008, 122 Stat. 110; Pub. L. 110–252, title V, § 5006(d), June 30, 2008, 122 Stat. 2386; Pub. L. 114–315, title IV, § 416(b), Dec. 16, 2016, 130 Stat. 1565; Pub. L. 117–333, § 3(d), (e)(4), Jan. 5, 2023, 136 Stat. 6127, 6128.)
## Editorial Notes
### Amendments
2023—Subsec. (b)(5). , added par. (5).
Subsec. (c). , added subsec. (c).
2016—Subsec. (b)(4). substituted “12304, 12304a, or 12304b” for “or 12304” in introductory provisions.
2008—Subsec. (a). substituted “on the date the person is separated from the Selected Reserve.” for “(1) at the end of the 14-year period beginning on the date on which such person becomes entitled to such assistance, or (2) on the date the person is separated from the Selected Reserve, whichever occurs first.”
Subsec. (b)(1)(B). inserted “or the period beginning on , and ending on ,” after “,”.
2002—Subsec. (a)(1). substituted “14-year” for “10-year”.
2000—Subsec. (b)(1)(B). substituted “” for “”.
1998—Subsec. (b)(1)(B). substituted “” for “”.
1997—Subsec. (b)(4). struck out “(A)” before “In the case of”, redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively, struck out “, during the Persian Gulf War,” after “Ready Reserve who”, and struck out former subpar. (B) which read as follows: “For the purposes of this paragraph, the term ‘Persian Gulf War’ shall have the meaning given such term in .”
1994—, renumbered as this section.
Subsec. (b)(1)(B). , substituted “10143(a)” for “268(b)”.
Subsec. (b)(4)(A). , substituted “12301(a), 12301(d), 12301(g), 12302, or 12304” for “672(a), (d), or (g), 673, or 673b”.
1993—Subsec. (b)(1)(B). substituted “” for “”.
1992—Subsec. (b)(1). amended par. (1) generally. Prior to amendment, par. (1) read as follows: “In the case of a person separated from the Selected Reserve because of a disability which was not the result of the individual’s own willful misconduct incurred on or after the date on which such person became entitled to educational assistance under this chapter, the period for using entitlement prescribed by subsection (a) shall be determined without regard to clause (2) of such subsection.”
Subsec. (b)(2), (3). substituted “” for “” in par. (2) and “” for “” in par. (3).
1991—Subsec. (b)(4). added par. (4).
1988—Subsec. (a). , substituted “chapter” for “section”.
Subsec. (b). , added par. (1), redesignated existing pars. (1) and (2) as (2) and (3), respectively, and directed the substitution of “1431(f)” for “1431(e)” in par. (2) as redesignated, which could not be executed because such substitution was previously made by , prior to redesignation of par. (1) as (2), see below.
substituted “section 1431(f)” for “section 1431(e)” in par. (1).
1984— amended section generally, substituting provisions setting a time limit for the use of educational entitlement for provisions covering the termination of assistance and refund by members. See .
1980—Subsec. (a). inserted “of this title” after “2131” and “2107”.
1979—Subsec. (b). redesignated existing provisions as par. (1), inserted provisions respecting agreement for term of enlistment, substituted provisions relating to computation under par. (2) for provisions relating to computation under section 2131, and added par. (2).
## Statutory Notes and Related Subsidiaries
### Effective Date of 2002 Amendment
> “The amendment made by subsection (a) [amending this section] shall take effect on
>
> , and shall apply with respect to periods of entitlement to educational assistance under chapter 1606 of title 10, United States Code, that begin on or after
>
> .”
, , , provided that:
### Effective Date of 1994 Amendment
Amendment by effective , except as otherwise provided, see , set out as an Effective Date note under .
### Effective Date of 1984 Amendment
Amendment by effective , applicable only to members of the Armed Forces who qualify for educational assistance under this chapter on or after such date, see , set out as a note under .
### Effective Date of 1980 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1979 Amendment
Amendment by applicable only to individuals enlisting in the Reserves after , see , set out as a note under .
### Extension of Time Limitations for Use of Entitlement: Educational Assistance for Members of the Selected Reserve
, , , which provided for a temporary extension to use entitled educational assistance, was repealed by , , . See subsec. (b)(5) of this section.