Page:United States Statutes at Large Volume 122.djvu/2384

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12 2 STA T . 2 36 1 PUBLIC LA W 11 0– 2 5 2 —J U NE 30 , 200 8‘ ‘ (i i )befor e c o mpl e t io n of s er v ice on a ctive du t y ofana g gregate of 18 mont h s , is discharged or released from active duty as described in subsection (c) . ‘‘( 7 ) A n individual w ho — ‘‘(A) commencing on or after S eptember 11, 20 01, serves an aggregate of at least 6 months, but less than 12 months, on active duty in the Armed F orces (e x cluding service on active duty in entry level and s k ill training)

and ‘‘( B ) after completion of service described in subpara - graph (A)— ‘‘(i) continues on active duty for an aggregate of less than 12 months; or ‘‘(ii) before completion of service on active duty of an aggregate of 12 months, is discharged or released from active duty as described in subsection (c). ‘‘(8) An individual who— ‘‘(A) commencing on or after September 11, 2001, serves an aggregate of at least 9 0 days, but less than 6 months, on active duty in the Armed Forces (excluding service on active duty in entry level and skill training); and ‘‘(B) after completion of service described in subpara- graph (A)— ‘‘(i) continues on active duty for an aggregate of less than 6 months; or ‘‘(ii) before completion of service on active duty of an aggregate of 6 months, is discharged or released from active duty as described in subsection (c). ‘‘(c) COVER E DDISCHA R G ESA N D R E L EASES.—A discharge or release from active duty of an individual described in this subsection is a discharge or release as follows

‘‘(1) A discharge from active duty in the Armed Forces with an honorable discharge. ‘‘(2) A release after service on active duty in the Armed Forces characteri z ed by the Secretary concerned as honorable service and placement on the retired list, transfer to the Fleet Reserve or Fleet M arine Corps Reserve, or placement on the temporary disability retired list. ‘‘( 3 ) A release from active duty in the Armed Forces for further service in a reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service. ‘‘( 4 ) A discharge or release from active duty in the Armed Forces for— ‘‘(A) a medical condition which preexisted the service of the individual as described in the applicable paragraph of subsection (b) and which the Secretary determines is not service-connected; ‘‘(B) hardship; or ‘‘(C) a physical or mental condition that was not characterized as a disability and did not result from the individual ’ s own willful misconduct but did interfere with the individual’s performance of duty, as determined by the Secretary concerned in accordance with regulations prescribed by the Secretary of Defense. ‘‘(d) P ROHI B I T ION ON T REAT M ENT O F CERTAIN SERVICE AS PERIOD OF ACTIVE D U T Y .—The following periods of service shall not be considered a part of the period of active duty on which