---
kind: "section"
citation: "10 U.S.C. § 2142"
title: "10"
title_heading: "Armed Forces"
number: "2142"
heading: "Educational assistance program: eligibility"
release: "119-102"
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 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).

## Source credit

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