TITLE 38 - VETERANS' BENEFITS
PART III - READJUSTMENT AND RELATED BENEFITS
CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM
SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE

Sec. 3018A. Opportunity for certain active-duty personnel to enroll
before being involuntarily separated from service

STATUTE:

(a) Notwithstanding any other provision of law, an individual who
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    (1) after February 2, 1991, is involuntarily separated (as such
term is defined in section 1141 of title 10) with an honorable
discharge;

    (2) before applying for benefits under this section, has
completed the requirements of a secondary school diploma (or
equivalency certificate) or has 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;

    (3) in the case of any individual who has made an election
under section 3011(c)(1) or 3012(d)(1) of this title, withdraws
such election before such separation pursuant to procedures which
the Secretary of each military department shall provide in
accordance with regulations prescribed by the Secretary of
Defense for the purpose of carrying out this section or which the
Secretary of Transportation shall provide for such purpose with
respect to the Coast Guard when it is not operating as a service
in the Navy;

    (4) in the case of any person enrolled in the educational
benefits program provided by chapter 32 of this title makes an
irrevocable election, pursuant to procedures referred to in
paragraph (3) of this subsection, before such separation to
receive benefits under this section in lieu of benefits under
such chapter 32; and

    (5) before such separation elects to receive assistance under
this section pursuant to procedures referred to in paragraph (3)
of this subsection,
is entitled to basic educational assistance under this chapter.

(b) The basic pay of an individual described in subsection (a) of
this section shall be reduced by $1,200.

(c) A withdrawal referred to in subsection (a)(3) of this section
is irrevocable.

(d)(1) Except as provided in paragraph (3) of this subsection, an
individual who is enrolled in the educational benefits program
provided by chapter 32 of this title and who makes the election
described in subsection (a)(4) of this subsection (FOOTNOTE 1)
shall be disenrolled from such chapter 32 program as of the date of
such election.
(FOOTNOTE 1) So in original. Probably should be ''section''.

    (2) For each individual who is disenrolled from such program, the
Secretary shall refund -

      (A) as provided in section 3223(b) of this title, to the
individual the unused contributions made by the individual to the
Post-Vietnam Era Veterans Education Account established pursuant
to section 3222(a) of this title; and

      (B) to the Secretary of Defense the unused contributions (other
than contributions made under section 3222(c) of this title) made
by such Secretary to the Account on behalf of such individual.

    (3) Any contribution made by the Secretary of Defense to the
Post-Vietnam Era Veterans Education Account pursuant to subsection

(c) of section 3222 of this title on behalf of any individual
referred to in paragraph (1) of this subsection shall remain in
such Account to make payments of benefits to such individual under
section 3015(f) of this chapter.


Source: US HOUSE REP (1/2001)

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