Page:United States Statutes at Large Volume 106 Part 3.djvu/910

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106 STAT. 2704 PUBLIC LAW 102-484—OCT. 23, 1992 to section 4403 of the National Defense Authorization Act for Fiscal Year 1993)" after "any provision of law**. (h) MEMBERS RECEIVING SSB OR VSL—The Secretary of a military department may retire (or transfer to the Fleet Reserve or Fleet Marine Corps Reserve) pursuant to the authority provided by this section a member of a reserve component who before the date of the enactment of this Act was separated from active duty pursuant to an agreement entered into under section 1174a or 1175 of title 10, United States Code. The retired or retainer pay of any such member so retired (or transferred) by reason of the authority provided in this section shall be reduced by the amount of any payment to such member before the date of such retirement under the provisions of such agreement under section 1174a or 1175 of title 10, United States Code. (i) ACTIVE FORCE DRAWDOWN PERIOD.— For piuposes of this section, the active force drawdown period is the period beginning on the date of the enactment of this Act and ending on October 1, 1995. SEC. 4404. OPPORTUNITY FOR CERTAIN PERSONS TO ENROLL IN ALL- VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PRO- GRAM. (a) IN GENERAL.— Chapter 30 of title 38, United States Code, is amended by adding after section 3018A the following new section: ^§ 3018B. Opportunity for certain persons to enroll " (a) Notwithstanding any other provision of law— "(1) the Secretary of Defense shall, subject to the availability of appropriations, allow an individual who— "(A) is separated from the active military, naval, or air service with an honorable discharge and receives voluntary separation incentives under section 1174a or 1175 of title 10; "(B) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed the equivalent of 12 semester hours in a program of education leading to a stcuidard college degree; "(C) in the case of any individual who has made an election under section 3011(c)(l) or 3012(d)(l) 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 service in the Navy; "(D) 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 subparagraph (C) of this paragraph, before such separation to receive benefits under this section in lieu of benefits under such chapter 32; and "(E) before such separation elects to receive assistance under this section pursuant to procedures referred to in subparagraph (C) of this paragraph; or