Prior Provisions

Prior section 3011 was renumbered section 5111 of this title.

Another prior section 3011, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1227; Pub. L. 86–490, June 8, 1960, 74 Stat. 161, related to the effective date of an award of increased compensation, dependency and indemnity compensation, or pension, prior to repeal by Pub. L. 87–825, §5(a), Oct. 15, 1962, 76 Stat. 950.

Amendments

2008—Subsec. (a)(1)(A)(ii), (B)(ii), (C)(iii)(II). Pub. L. 110–317 inserted "by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10)," after "service-connected disability,".

2006—Subsec. (a)(1)(A)(ii)(III). Pub. L. 109–461, §1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.

Pub. L. 109–461, §1004(b)(2), made technical amendment to directory language of Pub. L. 107–296. See 2002 Amendment note below.

Pub. L. 109–444, which made amendment identical to the amendment made by Pub. L. 109–461, §1004(b)(2), was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

2004—Subsec. (b). Pub. L. 108–454 substituted "(1) Except as provided in paragraph (2), the basic pay" for "The basic pay", added par. (2), and designated second sentence of existing provisions as par. (3) and substituted "this subsection" for "this chapter".

2002—Subsec. (a)(1)(A)(ii)(I). Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation".

Subsec. (a)(1)(A)(ii)(III). Pub. L. 107–296, as amended by Pub. L. 109–461, §1004(b)(2), substituted "of Homeland Security" for "of Transportation".

Subsec. (a)(1)(B)(ii)(III). Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation".

Subsec. (a)(1)(C)(ii). Pub. L. 107–330 struck out "on or" after "active duty".

Subsec. (a)(1)(C)(iii)(II)(cc). Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation".

2001—Subsec. (a)(1)(A)(i). Pub. L. 107–14, §7(a)(1), substituted "(I) in the case of an individual whose obligated period of active duty is three years or more, serves at least three years of continuous active duty in the Armed Forces, or (II) in the case of an individual whose obligated period of active duty is less than three years, serves" for "serves an obligated period of active duty of".

Subsec. (a)(1)(C). Pub. L. 107–103, §105(a), added subpar. (C).

Subsec. (c)(3)(B). Pub. L. 107–103, §106(a), substituted "$3,400" for "$2,000".

Subsec. (e)(2). Pub. L. 107–14, §7(c)(1)(A), inserted ", but not more frequently than monthly" before period.

Subsec. (e)(3). Pub. L. 107–14, §7(c)(1)(B), substituted "multiples of $20" for "multiples of $4".

Subsec. (e)(4). Pub. L. 107–14, §7(c)(1)(C), substituted "Secretary of the military department concerned. That" for "Secretary. The" and struck out "by the Secretary" after "any amounts received".

2000—Subsec. (a)(1)(A)(i). Pub. L. 106–419, §103(a)(1)(A), added cl. (i) and struck out former cl. (i) which read as follows: "who (I) serves, as the individual's initial obligated period of active duty, at least three years of continuous active duty in the Armed Forces, or (II) in the case of an individual whose initial period of active duty is less than three years, serves at least two years of continuous active duty in the Armed Forces; or".

Subsec. (a)(1)(A)(ii)(II). Pub. L. 106–419, §103(a)(1)(B), substituted "if, in the case of an individual with an obligated period of service of two years, the individual completes not less than 20 months of continuous active duty under that period of obligated service, or, in the case of an individual with an obligated period of service of at least three years, the individual completes not less than 30 months of continuous active duty under that period of obligated service" for "in the case of an individual who completed not less than 20 months of continuous active duty, if the initial obligated period of active duty of the individual was less than three years, or in the case of an individual who completed not less than 30 months of continuous active duty if the initial obligated period of active duty of the individual was at least three years".

Subsec. (a)(2). Pub. L. 106–419, §102(a)(1)(A), added par. (2) and struck out former par. (2) which read as follows: "who, except as provided in subsection (e) of this section, completed the requirements of a secondary school diploma (or equivalency certificate) not later than—

"(A) the original ending date of the individual's initial obligated period of active duty in the case of an individual described in clause (1)(A) of this subsection, regardless of whether the individual is discharged or released from active duty on such date; or

"(B) December 31, 1989, in the case of an individual described in clause (1)(B) of this subsection;

except that (i) an individual described in clause (1)(B) of this subsection may meet the requirement of this clause by having successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree, and (ii) an individual described in clause (1)(A) of this subsection may meet such requirement by having successfully completed (or otherwise received academic credit for) the equivalent of such 12 semester hours before the end of the individual's initial obligated period of active duty; and".

Subsec. (d)(1). Pub. L. 106–419, §103(a)(2), substituted "obligated period of active duty on which an individual's entitlement to assistance under this section is based" for "individual's initial obligated period of active duty".

Subsec. (e). Pub. L. 106–419, §105(a)(1), added subsec. (e).

Pub. L. 106–419, §102(a)(1)(B), struck out subsec. (e) which read as follows: "For the purposes of subsection (a)(2) of this section, an individual who was on active duty on August 2, 1990, and who completes the requirements of a secondary school diploma (or equivalency certificate) before October 28, 1994, shall be considered to have completed such requirements within the individual's initial obligated period of active duty."

Subsec. (h)(2)(A). Pub. L. 106–419, §103(a)(3), substituted "during the obligated period of active duty on which entitlement to assistance under this section is based," for "during an initial period of active duty,".

Subsec. (i). Pub. L. 106–419, §103(a)(4), struck out "initial" before "obligated period".

1999—Subsec. (f)(1). Pub. L. 106–117, §702(a)(1), substituted "paragraph (2) or (3)" for "paragraph (2)".

Subsec. (f)(3). Pub. L. 106–117, §702(a)(2), added par. (3).

Subsec. (i). Pub. L. 106–117, §704, struck out "Federal" before "Government".

1998—Subsec. (a)(2). Pub. L. 105–368, §203(a), substituted "successfully completed (or otherwise received academic credit for)" for "successfully completed" in two places in concluding provisions.

Subsec. (i). Pub. L. 105–368, §207(a), added subsec. (i).

1996—Subsec. (c)(2). Pub. L. 104–201, §556(a)(1), struck out "or upon completion of a program of educational assistance under section 2107 of title 10" after "Coast Guard Academy".

Subsec. (c)(3). Pub. L. 104–201, §556(a)(2), added par. (3).

Subsec. (d)(3). Pub. L. 104–106 substituted "section 12301, 12302, 12304, 12306, or 12307 of title 10" for "section 672, 673, 673b, 674, or 675 of title 10".

1994—Subsec. (e). Pub. L. 103–446, §1201(f)(2), substituted "October 28, 1994," for "the end of the 24-month period beginning on the date of the enactment of this subsection".

Subsec. (f)(1). Pub. L. 103–446, §1201(e)(10), substituted "the length of which" for "whose length".

1992—Subsec. (a)(1)(B). Pub. L. 102–568, §302(a)(1), substituted "at any time during the period beginning on October 19, 1984, and ending on July 1, 1985, continued on active duty without a break in service" for "on October 19, 1984, and without a break in service since October 19, 1984,".

Subsec. (a)(2). Pub. L. 102–568, §303(a)(1)(A), inserted ", except as provided in subsection (e) of this section," after "who".

Subsec. (e). Pub. L. 102–568, §303(a)(1)(B), added subsec. (e).

Subsec. (f). Pub. L. 102–568, §304(a), added subsec. (f).

Subsec. (g). Pub. L. 102–568, §305(a), added subsec. (g).

Subsec. (h). Pub. L. 102–568, §306(a), added subsec. (h).

1991—Pub. L. 102–83 renumbered section 1411 of this title as this section.

Subsec. (a)(3). Pub. L. 102–16 added cls. (A) to (C), redesignated former cl. (C) as (D), and struck out former cls. (A) and (B) which read as follows:

"(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list;

"(B) continues on active duty; or".

1990—Subsec. (a)(1)(A)(ii)(I). Pub. L. 101–510, §562(a)(1), substituted "for" for "or for" and inserted ", or for a physical or mental condition that was not characterized as a disability and did not result from the individual's own willful misconduct but did interfere with the individual's performance of duty, as determined by the Secretary of each military department in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy" after "hardship".

Subsec. (a)(1)(B)(ii)(I). Pub. L. 101–510, §562(a)(2), substituted "for" for "or for" and inserted ", or for a physical or mental condition that was not characterized as a disability, as described in subparagraph (A)(ii)(I) of this paragraph" after "hardship".

Subsec. (d)(1). Pub. L. 101–510, §562(b)(1), substituted "paragraphs (2) and (3)" for "paragraph (2)".

Subsec. (d)(3). Pub. L. 101–510, §562(b)(2), added par. (3).

1989—Subsec. (a)(1)(A)(ii), (B)(ii). Pub. L. 101–237, §423(b)(1)(A), substituted "Secretary" for "Administrator".

Subsec. (a)(2). Pub. L. 101–237, §409, in concluding provisions, inserted cl. (i) designation and added cl. (ii).

1988—Subsec. (a)(1)(A)(i)(I). Pub. L. 100–689, §111(a)(2)(A), inserted ", as the individual's initial obligated period of active duty," after "serves".

Subsec. (a)(1)(A)(ii). Pub. L. 100–689, §102(a), inserted in subcl. (I) ", for a medical condition which preexisted such service on active duty and which the Administrator determines is not service connected,", substituted a semicolon for ", or" before subcl. (II), and added subcl. (III).

Subsec. (a)(1)(B)(ii). Pub. L. 100–689, §102(a), inserted in subcl. (I) ", for a medical condition which preexisted such service on active duty and which the Administrator determines is not service connected,", substituted a semicolon for ", or" before subcl. (II), and added subcl. (III).

Subsec. (a)(2). Pub. L. 100–689, §104(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "who, before completion of the service described in clause (1) of this subsection, has received a secondary school diploma (or an equivalency certificate); and".

Subsec. (b). Pub. L. 100–689, §103(b)(1), substituted "reduced under this chapter" for "reduced under this subsection".

Subsec. (d). Pub. L. 100–689, §111(a)(3), added subsec. (d).

1987—Subsec. (a)(1)(A). Pub. L. 100–48 substituted "after June 30, 1985" for "during the period beginning on July 1, 1985, and ending on June 30, 1988".

1986—Subsec. (a). Pub. L. 99–576, §702(8), inserted a comma after "of this section".

Subsec. (a)(1)(A)(ii)(II). Pub. L. 99–576, §321(1)(A), inserted "continuous" after "months of" in two places.

Subsec. (a)(1)(B). Pub. L. 99–576, §307(a)(1), inserted "and was on active duty on October 19, 1984, and without a break in service since October 19, 1984,".

Subsec. (a)(1)(B)(ii)(II). Pub. L. 99–576, §321(1)(B), inserted "continuous" after "months of".

Subsec. (b). Pub. L. 99–576, §303(a)(1), substituted "Any amount by which the basic pay of an individual is reduced under this subsection shall revert to the Treasury and shall not, for purposes of any Federal law, be considered to have been received by or to be within the control of such individual" for "Amounts withheld from basic pay under this subsection shall revert to the Treasury".

1985—Subsec. (a)(1)(B). Pub. L. 99–145 struck out "and without a break in service on active duty since December 31, 1976," after "chapter 34 of this title".

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–317 applicable with respect to any sole survivorship discharge granted after Sept. 11, 2001, see section 10 of Pub. L. 110–317, set out as a note under section 2108 of Title 5, Government Organization and Employees.

Effective Date of 2006 Amendment

Pub. L. 109–461, title X, §1004(b), Dec. 22, 2006, 120 Stat. 3466, provided that the amendment made by section 1004(b) is effective Nov. 25, 2002.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.

Effective Date of 2001 Amendments

Pub. L. 107–103, title I, §106(b), Dec. 27, 2001, 115 Stat. 983, provided that: "The amendments made by subsection (a) [amending this section and section 3012 of this title] shall apply with respect to educational assistance allowances paid under chapter 30 of title 38, United States Code, for months beginning after the date of the enactment of this Act [Dec. 27, 2001]."

Pub. L. 107–14, §7(a)(2), June 5, 2001, 115 Stat. 31, provided that: "The amendment made by paragraph (1) [amending this section] shall take effect as if enacted on November 1, 2000, immediately after the enactment of the Veterans Benefits and Health Care Improvement Act of 2000 (Public Law 106–419)."

Pub. L. 107–14, §7(c)(4), June 5, 2001, 115 Stat. 33, provided that: "The amendments made by this subsection [amending this section and sections 3012 and 3015 of this title] shall take effect as if included in the enactment of section 105 of the Veterans Benefits and Health Care Improvement Act of 2000 (Public Law 106–419; 114 Stat. 1828)."

Effective Date of 2000 Amendment

Pub. L. 106–419, title I, §105(c), Nov. 1, 2000, 114 Stat. 1829, provided that: "The amendments made by this section [amending this section and sections 3012 and 3015 of this title] shall take effect on May 1, 2001."

Effective Date of 1999 Amendment

Pub. L. 106–117, title VII, §702(c), Nov. 30, 1999, 113 Stat. 1583, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 30, 1999] and apply with respect to an individual first appointed as a commissioned officer on or after July 1, 1985."

Effective Date of 1998 Amendment

Pub. L. 105–368, title II, §203(b), Nov. 11, 1998, 112 Stat. 3326, provided that: "The amendments made by subsection (a) [amending this section and sections 3012 and 3018 to 3018C of this title] shall take effect on October 1, 1998."

Pub. L. 105–368, title II, §207(d)(1), Nov. 11, 1998, 112 Stat. 3328, provided that: "The amendments made by subsections (a) and (b) [amending this section and section 3012 of this title] shall take effect 120 days after the date of the enactment of this Act [Nov. 11, 1998]."

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of Title 10, Armed Forces.

Effective Date of 1992 Amendment

Pub. L. 102–568, title III, §302(b), Oct. 29, 1992, 106 Stat. 4327, provided that: "The amendments made by this section [amending this section and sections 3012 and 3031 of this title] shall take effect as of October 28, 1986."

Pub. L. 102–568, title III, §302(b), Oct. 29, 1992, 106 Stat. 4327, provided that: "The amendments made by subsection (a) [amending this section] shall take effect as if enacted on June 30, 1985, and apply to the payment of educational assistance for education or training pursued on or after October 1, 1993."

Pub. L. 102–568, title III, §305(b), Oct. 29, 1992, 106 Stat. 4328, provided that: "The amendment made by subsection (a) [amending this section] shall take effect as if enacted on October 19, 1984."

Pub. L. 102–568, title III, §306(b), Oct. 29, 1992, 106 Stat. 4328, provided that: "The amendment made by subsection (a) [amending this section] shall take effect as if enacted on June 30, 1985, and apply to the payment of educational assistance for education or training pursued on or after October 1, 1993."

Effective Date of 1990 Amendment

Pub. L. 101–510, div. A, title V, §562(c), Nov. 5, 1990, 104 Stat. 1575, provided that: "The amendments made by this section [amending this section and sections 1412 and 3103A [now 3012 and 5303A] of this title] shall take effect as of October 19, 1984."

Effective Date of 1988 Amendment

Pub. L. 100–689, title I, §102(c), Nov. 18, 1988, 102 Stat. 4163, provided that: "The amendments made by this section [amending this section and sections 1412, 1413, and 3103A [now 3012, 3013, and 5303A] of this title] shall take effect—

"(1) as of July 1, 1985, with respect to individuals discharged or released for a medical condition which preexisted service on active duty or in the Selected Reserve and which the Administrator determines is not service connected; and

"(2) as of October 1, 1987, with respect to individuals involuntarily discharged or released for the convenience of the Government as a result of a reduction in force."

Effective Date of 1986 Amendment

Pub. L. 99–576, title III, §303(b), Oct. 28, 1986, 100 Stat. 3269, provided that: "The amendments made by subsection (a) [amending this section and section 1412 [now 3012] of this title] shall apply to any reduction in basic pay made under section 1411(b) [now 3011(b)] or 1412(c) [now 3012(c)] of title 38, United States Code, after December 31, 1985."

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Transitional Provision for Individuals Discharged Between Enactment and Effective Date

Pub. L. 106–419, title I, §105(d), Nov. 1, 2000, 114 Stat. 1830, provided that:

"(1) During the period beginning on May 1, 2001, and ending on July 31, 2001, an individual described in paragraph (2) may make contributions under section 3011(e) or 3012(f) of title 38, United States Code (as added by subsection (a)), whichever is applicable to that individual, without regard to paragraph (2) of that section and otherwise in the same manner as an individual eligible for educational assistance under chapter 30 of such title who is on active duty.

"(2) Paragraph (1) applies in the case of an individual who—

"(A) is discharged or released from active duty during the period beginning on the date of the enactment of this Act [Nov. 1, 2000] and ending on April 30, 2001; and

"(B) is eligible for educational assistance under chapter 30 of title 38, United States Code."

Notification Requirement

Pub. L. 102–568, title III, §303(b), Oct. 29, 1992, 106 Stat. 4327, directed Secretary of each military department, not later than 60 days after Oct. 29, 1992, to notify each individual who was on active duty in the Armed Forces on Aug. 2, 1990, and who had not met the requirements of a secondary school diploma (or equivalency certificate), of the extension of the period for the completion of such requirements afforded by the amendments made by this section to this section and section 3012 of this title.