Page:United States Statutes at Large Volume 91.djvu/363

 PUBLIC LAW 95-79—JULY 30, 1977

91 STAT. 329

postsecondary level and that is accredited by a nationally recognized accrediting agency or association or by an accrediting agency or association recognized by the Commissioner of Education, Department of Health, Education, and Welfare. "§2132. Eligibility for educational assistance 10 USC 2132. "(a) To be eligible for educational assistance under section 2131, a member must not be serving on active duty for more than thirty days and must— ??< "(1) be an enlisted member of the Selected Reserve of the Ready Reserve of an armed force; "(2) have initially enlisted as a Reserve for service in a unit of the Selected Reserve of a reserve component after September 30, 1977; " (3) never have served in an armed force before such enlistment; " (4) at the time of such enlistment have executed an agreement Agreement, as prescribed by subsection (b); " (5) be a graduate from secondary school; "(6) have completed the initial period of active duty for training required of such member; "(7) if the member is assigned to a unit, be participating satisfactorily in training with such unit; and " (8) have served less than eight years as a Reserve. "(b)(1) An agreement referred to in subsection (a)(4) shall be in writing and shall provide that if the member accepts educational assistance under section 2131, the period of enlistment of such member shall be automatically extended by two years and if the member is discharged for the purpose of accepting an appointment as an oiScer, the member shall remain a member of the Ready Reserve until the eighth anniversary of such enlistment. ,, "(2) A member who enlists after September 30, 1977, but before regulations to carry out this chapter are promulgated shall be eligible for educational assistance under section 2131 if he is otherwise eligible for such assistance under subsection (a) and if he executes an agreement as described in paragraph (1) not later than one year after the date on which regulations to carry out this chapter are first promulgated. "(c) Educational assistance being provided a member under section 2131 may be continued to a member who otherwise continues to qualify for such assistance if such member— " (1) is discharged in order to accept an immediate appointment as an oiScer in the Ready Reserve; or "(2) is no longer a member of the Selected Reserve, if such member is a member of the Ready Reserve and has served at least six years in the Selected Reserve of the Ready Reserve. "§2133. Termination of assistance; refund by member 10 USC 2133. "(a) Educational assistance being provided a member under section 2131 shall be terminated if— "(1) the member fails to participate satisfactorily in training with his unit, if he is a member of a unit; "(2) the member is separated from his armed force, unless he is separated in order to accept an immediate appointment as an officer in the Ready Reserve; " (3) the member completes eight years of service; or " (4) the member receives financial assistance under section 2107 as a member of the Senior Reserve Officers' Training Corps.

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