Page:United States Statutes at Large Volume 108 Part 4.djvu/144

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108 STAT. 2778 PUBLIC LAW 103-337 —OCT. 5, 1994 Marine Corps Reserve under section 6330 of this title, the member may, as determined by the Secretary concerned, be retained on active duty until the member is qualified for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, as the case may be, and then be so retired or transferred, unless the member is sooner retired or discharged under any other provision of law. "(c) EXCEPTIONS.— The Secretary concerned may waive subsection (a) with respect to an individual member of the armed forces under the jurisdiction of that Secretary if the Secretary determines that there are circumstances that warrant the retention of that member. Such circumstances may include— "(1) consideration that the medical condition making the member permanently nonworldwide assignable was incurred in combat or otherwise as the result of an action of the member for which the member received a decoration or other recognition for personal bravery; "(2) consideration that the member has a specific proficiency or skill that is vital to the national security; and "(3) any other circumstance that the Secretary considers to be for the good of the service. "(d) COUNSELING ABOUT AVAILABLE MEDICAL CARE. —A member to be separated under this section shall be provided information, in writing, before such separation of the available medical care (through the Department of Veterans Affairs and otherwise) to treat the member's condition. Such information shall include identification of specific medical locations near the member's home of record or point of discharge at which the member may seek necessary medical care. " (e) SEPARATION TO BE CONSIDERED INVOLUNTARY. —A separation under this section shall be considered to be an involuntary separation for purposes of any other provision of law.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "1177. Members who are permanently nonworldwide assignable: mandatory discharge or retirement; counseling.". 10 USC 1177 (b) EFFECTIVE DATE.—Section 1177 of title 10, United States "°^®- Code, as added by subsection (a), shall apply with respect to members determined to be permanently nonworldwide assignable by reason of a medical condition before, on, or after the date of the enactment of this Act. In the case of such a determination made before the date of the enactment of this Act, the period for the separation of the member specified in subsection (a) of such section shall be treated as beginning on the date of the enactment of this Act. (c) CONFORMING AMENDMENT. —Section 1174(a)(1) of title 10, United States Code, is amended by striking out "section 580" and inserting in lieu thereof "section 580, 1177,".