Page:United States Statutes at Large Volume 102 Part 5.djvu/159

From Wikisource
Jump to: navigation, search
This page needs to be proofread.
PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-689—NOV. 18, 1988

102 STAT. 4165

"(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 "(C) is released from active duty for further service in a reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service, is entitled to basic educational assistance under this chapter, "(c) The basic pay of an individual withdrawing, under subsection (b)(l) of this section, an election under section 1411(c)(l) or 1412(d)(l) of this title shall be reduced by— "(1) $1,200; or "(2) in the case of an individual described in clause (B) or (C) of subsection (b)(3) of this section whose discharge or release from active duty prevents the reduction of the basic pay of such individual by $1,200, an amount less than $1,200. "(d) A withdrawal under subsection (b)(l) of this section is irrevocable.". (b) CONFORMING AMENDMENTS.—(1) The second sentence of section 1411(b) and of section 1412(c) are each amended by striking out "subsection" and inserting in lieu thereof "chapter". (2) Section 1413 is amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following new suJasection: "(c)(1) Subject to section 1795 of this title and except as provided in paragraph (2) of this subsection, each individual entitled to basic educational assistance under section 1418 of this title is entitled to 36 months of educational assistance under this chapter (or the equivalent thereof in part-time educational Eissistance). "(2) Subject to section 1795 of this title, an individual described in clause (B) or (C) of section 14180t))(3) of this title whose discharge or release from active duty prevents the reduction of the basic pay of such individual by $1,200 is entitled to the number of months of assistance under this chapter that is equal to the lesser of— "(A) 36 multiplied by a fraction the numerator of which is the amount by which the basic pay of the individual has been reduced under section 1418(c) and the denominator of which is $1,200; or "(B) the number of months the individual has served on continuous active duty after June 30, 1985.". (3) Section 14150o) is amended by inserting "or 1418" after "section 1411". (4) Section 1416 is amended by adding at the end the following new subsection: "(c) A member of the Armed Forces who— "(1) completes at least two years of service on active duty after June 30, 1985; "(2) after such service continues on active duty without a IJI^OQIT \Y\ S 6 r v i c 6 * d.iid.

"(3) but for section 1418(b)(3)(A) of this title would be entitled to basic educational assistance under this chapter, may receive such assistance for enrollment in an approved program of education while continuing to perform the service described in section 1418(b)(2) of this title.".