(a)Notwithstanding any other provision of law, an individual who—
(1)after February 2, 1991, is involuntarily separated (as such term is defined in section
1141 of title
10) with an honorable discharge;
(2)before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree;
(3)in the case of any individual who has made an election under section
3012(d)(1) 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 Homeland Security shall provide for such purpose with respect to the Coast Guard when it is not operating as a service in the Navy;
(4)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 paragraph (3), before such separation to receive benefits under this section in lieu of benefits under such chapter 32; and
(5)before such separation elects to receive assistance under this section pursuant to procedures referred to in paragraph (3),
is entitled to basic educational assistance under this chapter.
(b)The basic pay of an individual described in subsection (a) shall be reduced by $1,200.
(c)A withdrawal referred to in subsection (a)(3) is irrevocable.
(1)Except as provided in paragraph (3), an individual who is enrolled in the educational benefits program provided by chapter
32 of this title and who makes the election described in subsection (a)(4) shall be disenrolled from such chapter 32 program as of the date of such election.
(2)For each individual who is disenrolled from such program, the Secretary shall refund—
(A)as provided in section
3223(b) of this title, to the individual the unused contributions made by the individual to the Post-Vietnam Era Veterans Education Account established pursuant to section
3222(a) of this title; and
(B)to the Secretary of Defense the unused contributions (other than contributions made under section
3222(c) of this title) made by such Secretary to the Account on behalf of such individual.
(3)Any contribution made by the Secretary of Defense to the Post-Vietnam Era Veterans Education Account pursuant to subsection (c) ofsection
3222 of this title on behalf of any individual referred to in paragraph (1) shall remain in such Account to make payments of benefits to such individual under section
3015(f) of this title.
2006—Subsec. (a)(4), (5). Pub. L. 109–233, § 503(5)(B), struck out “of this subsection” after “paragraph (3)”.
Subsecs. (b), (c). Pub. L. 109–233, § 503(5)(A), struck out “of this section” after “subsection (a)” in subsec. (b) and after “subsection (a)(3)” in subsec. (c).
Subsec. (d)(1). Pub. L. 109–233, § 503(5)(B), struck out “of this subsection” after “paragraph (3)” and after “subsection (a)(4)”.
Subsec. (d)(3). Pub. L. 109–233, § 503(5)(B), (C), struck out “of this subsection” after “paragraph (1)” and substituted “of this title” for “of this chapter”.
2002—Subsec. (a)(3). Pub. L. 107–296substituted “of Homeland Security” for “of Transportation”.
1998—Subsec. (a)(2). Pub. L. 105–368substituted “successfully completed (or otherwise received academic credit for)” for “successfully completed”.
1994—Subsec. (a)(1). Pub. L. 103–446, § 1201(i)(4), substituted “after February 2, 1991,” for “after December 31, 1990, or the end of the 90-day period beginning on the date of the enactment of this section, whichever is later,”.
Subsec. (a)(3). Pub. L. 102–83, § 5(c)(1), substituted “3011(c)(1) or 3012(d)(1)” for “1411(c)(1) or 1412(d)(1)”.
Subsec. (d)(2), (3). Pub. L. 102–83, § 5(c)(1), substituted “3223(b)” for “1623(b)”, “3222(a)” for “1622(a)”, and “3222(c)” for “1622(c)” in par. (2) and “3222” for “1622” and “3015(e)” for “1415(e)” in par. (3).
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) ofPub. L. 107–296, set out as a note under section
101 of Title
10, Armed Forces.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.