---
kind: "section"
citation: "10 U.S.C. § 2147"
title: "10"
title_heading: "Armed Forces"
number: "2147"
heading: "Right of member after reenlisting to transfer entitlement to spouse or dependent children"
release: "119-102"
url: "https://uscodex.org/usc/10/2147"
units:
  - "Subtitle A — General Military Law"
  - "Part III — Training and Education"
  - "Chapter 106A — Educational Assistance for Persons Enlisting for Active Duty"
---

# §2147. Right of member after reenlisting to transfer entitlement to spouse or dependent children

- (a)
  - (1)
    - (A) A person who is entitled to educational [assistance](/usc/10/2005.md?p=d-2) under [section 2142 of this title](/usc/10/2142.md) and who reenlisted in an armed force at any time after the end of the [enlistment](/usc/10/2141.md?p=c) which established such entitlement may at any time after such reenlistment elect to transfer all or any part of such entitlement to the [spouse](/usc/10/101.md?p=g-5) or [dependent child](#d-1) of such person.
    - (B) The Secretary of the Navy may authorize a [member](/usc/10/1408.md?p=a-5) of the Navy or Marine Corps who is entitled to educational [assistance](/usc/10/2005.md?p=d-2) under [section 2142 of this title](/usc/10/2142.md) and whose [enlistment](/usc/10/2141.md?p=c) that established such entitlement was the [member](/usc/10/1408.md?p=a-5)’s second reenlistment as a [member](/usc/10/1408.md?p=a-5) of the [armed forces](/usc/10/101.md?p=a-4) to transfer all or part of such entitlement to the [spouse](/usc/10/101.md?p=g-5) or [dependent child](#d-1) of such [member](/usc/10/1408.md?p=a-5) after the completion of four years of [active service](/usc/10/101.md?p=d-3) of that second reenlistment if that reenlistment was for a period of at least six years.
    - (C) A transfer under this paragraph may be revoked at any time by the person making the transfer.
  - (2) If a person described in [paragraph (1)](#a-1) dies before making an election authorized by such paragraph but has never made an election not to transfer such entitlement, any unused entitlement of such person shall be automatically transferred to such person’s [surviving spouse](#d-2) or (if there is no eligible [surviving spouse](#d-2)) to such person’s dependent children. A [surviving spouse](#d-2) to whom entitlement to educational [assistance](/usc/10/2005.md?p=d-2) is transferred under this paragraph may elect to transfer such entitlement to the dependent children of the person whose service established such entitlement.
  - (3) Any transfer of entitlement under this subsection shall be made in accordance with regulations prescribed by the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned.
- (b) A [spouse](/usc/10/101.md?p=g-5) or [surviving spouse](#d-2) or a [dependent child](#d-1) to whom entitlement is transferred under [subsection (a)](#a) is entitled to educational [assistance](/usc/10/2005.md?p=d-2) under this chapter in the same manner and at the same [rate](/usc/10/101.md?p=b-9) as the person from whom the entitlement was transferred.
- (c) The total amount of educational [assistance](/usc/10/2005.md?p=d-2) available to a person entitled to educational [assistance](/usc/10/2005.md?p=d-2) under [section 2142 of this title](/usc/10/2142.md) and to the person’s [spouse](/usc/10/101.md?p=g-5), [surviving spouse](#d-2), and dependent children is the amount of educational [assistance](/usc/10/2005.md?p=d-2) to which the person is entitled. If more than one person is being provided educational [assistance](/usc/10/2005.md?p=d-2) for the same period by virtue of the entitlement of the same person, the subsistence allowance authorized by [section 2144 of this title](/usc/10/2144.md) shall be divided in such manner as the person may specify or (if the person fails to specify) as the [Secretary concerned](/usc/10/101.md?p=a-9) may prescribe.
- (d) In this section:
  - (1) The term “dependent child” has the meaning given the term “[dependent](/usc/10/987.md?p=i-2)” in [section 1072(2)(D) of this title](/usc/10/1072.md?p=2-D).
  - (2) The term “surviving spouse” means a widow or widower who is not remarried.

## Source credit

(Added Pub. L. 96–342, title IX, § 901(a), Sept. 8, 1980, 94 Stat. 1113; amended Pub. L. 97–22, § 10(b)(3), July 10, 1981, 95 Stat. 137; Pub. L. 99–145, title VI, § 673, Nov. 8, 1985, 99 Stat. 664; Pub. L. 100–180, div. A, title XII, § 1231(17), Dec. 4, 1987, 101 Stat. 1161.)

## Notes

### Editorial Notes

### Amendments

1987—Subsec. (d)(1), (2). Pub. L. 100–180 inserted “The term” after each par. designation and revised first word in quotes in each par. to make initial letter of such word lowercase.

1985—Subsec. (a)(1). Pub. L. 99–145 designated existing first sentence as subpar. (A), added subpar. (B), and incorporated existing second sentence as subpar. (C).

1981—Subsec. (d)(1). Pub. L. 97–22 substituted “section 1072(2)(D) of this title” for “section 1072(2)(E) of this title”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1981 Amendment

Pub. L. 97–22, § 10(b), July 10, 1981, 95 Stat. 137, provided that the amendment made by that section is effective Sept. 15, 1981.