10 USC § 16164 - Time limitation for use of entitlement

---
identifier: "/us/usc/t10/s16164"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 16164 - Time limitation for use of entitlement"
title_number: 10
title_name: "ARMED FORCES"
section_number: "16164"
section_name: "Time limitation for use of entitlement"
chapter_number: 1607
chapter_name: "EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND CERTAIN OTHER OPERATIONS"
part_number: "IV"
part_name: "TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE PROGRAMS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 108–375, div. A, title V, § 527(a), Oct. 28, 2004, 118 Stat. 1892; amended Pub. L. 110–181, div. A, title V, § 530(a)(1), Jan. 28, 2008, 122 Stat. 110; Pub. L. 110–417, [div. A], title V, § 546(a), Oct. 14, 2008, 122 Stat. 4466.)"
---


# § 16164. Time limitation for use of entitlement

**(a)** **Duration of Entitlement.—** Except as provided in subsection (b), a member remains entitled to educational assistance under this chapter—

**(1)** while the member is serving—

**(A)** in the Selected Reserve of the Ready Reserve, in the case of a member called or ordered to active service while serving in the Selected Reserve; or

**(B)** in the Ready Reserve, in the case of a member ordered to active duty while serving in the Ready Reserve (other than the Selected Reserve); and

**(2)** in the case of a person who separates from the Selected Reserve of the Ready Reserve after completion of a period of active service described in section 16163 of this title and completion of a service contract under honorable conditions, during the 10-year period beginning on the date on which the person separates from the Selected Reserve.

**(b)** **Duration of Entitlement for Disabled Members.—**

**(1)** In the case of a person who is separated from the Ready 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, such person’s entitlement to educational assistance expires at the end of the 10-year period beginning on the date on which such person became entitled to such assistance.

**(2)** The provisions of subsections (d) and (f) of section 3031 of title 38 shall apply to the period of entitlement prescribed by paragraph (1).

---

**Source Credit**: (Added Pub. L. 108–375, div. A, title V, § 527(a), Oct. 28, 2004, 118 Stat. 1892; amended Pub. L. 110–181, div. A, title V, § 530(a)(1), Jan. 28, 2008, 122 Stat. 110; Pub. L. 110–417, [div. A], title V, § 546(a), Oct. 14, 2008, 122 Stat. 4466.)

## Editorial Notes

### Amendments

2008—Subsec. (a).  substituted “this chapter—” and pars. (1) and (2) for “this chapter while serving—

“(1) in the Selected Reserve of the Ready Reserve, in the case of a member called or ordered to active service while serving in the Selected Reserve; or

“(2) in the Ready Reserve, in the case of a member ordered to active duty while serving in the Ready Reserve (other than the Selected Reserve).”

Subsec. (a)(2).  substituted “honorable conditions” for “other than dishonorable conditions”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2008 Amendment

> **“(1)** separates from a reserve component on or after January 28, 2008, the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008 [Pub. L. 110–181]; and
> 
> **“(2)** as of the date of the enactment of this Act, has not used any of the person’s entitlement to educational assistance under chapter 1607 of such title.”

, [div. A], title V, § 546(b), , , provided that:

> “The amendments made by this section [amending this section and
> 
> ] shall take effect as of
> 
> , as if included in the enactment of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (
> 
> ), to which such amendments relate.”

, , , provided that: