Page:United States Statutes at Large Volume 87.djvu/180

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

[87 STAT. 148]
PUBLIC LAW 93-000—MMMM. DD, 1973
[87 STAT. 148]

148

PUBLIC LAW 93-64-JULY 9, 1973

[87 STAT.

    • § 1173. Enlisted members: discharge for hardship

"Under regulations prescribed by the Secretary concerned, a regular enlisted member of an armed force who has dependents may be discharged for hardship." 76 Stat. 469. gj,^.^ Qg^ Section 401 of title 37, United States Code, is amended by— (1) amending clause (2) to read as follows: "(2) his unmarried child (including any of the following categories of children if such child is in fact dependent on the member: a stepchild; an adopted child; or an illegitimate child whose alleged member-father has been judicially decreed to be the father of the child or judicially ordered to contribute to the child's support, or whose parentage has been admitted in writing by the member) who either— " (A) is under 21 years of age; or " (B) is incapable of self-support because of a mental or physical incapacity, and in fact dependent on the member for over one-half of his support; and"; and (2) striking out the first sentence after clause (3). SEC. 104. Section 401(3) of title 37, United States Code, is amended to read as follows: "(3) his parent (including a stepparent or parent by adoption, and any person, including a former stepparent, who has stood in loco parentis to the member at any time for a continuous period of at least five years before the member became 21 years of a^e) who is in fact dependent on the member for over one-half of his support; however, the dependency of such a parent is determined on the basis of an affidavit submitted by the parent, and any other evidence required under regulations prescribed by the Secretary concerned, and he is not considered a dependent of the member claiming the dependence unless— " (A) the member has provided over one-half of his support for the period prescribed by the Secretary concerned; or " (B) due to changed circumstances arising after the member enters on active duty, he becomes in fact dependent on the member for over one-half of his support." ai?ow"nc"' ^^^^ ^^^- ^^^' Section 403 of title 37 is amended— ^ 7°6"st"'t!'470; (1) by Striking out that part of the table in subsection (a) 77 Stat. 216; which prescribes monthly basic allowances for quarters for 85 Stat. 58. eullsted members in pay grades E - 1, E - 2, E - 3, E - 4 (four years' or less service), and E - 4 (over four years' service) and inserting in place thereof the following: "I>4 E-3 E-2 E-1

$81. 60 $121. 50 72.30 105.00 63. 90 105. 00 60. 00 105. 00";

(2) by striking out the last sentence in subsection (a);