
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 102(c)]
[CITE: 38USC3018]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
     CHAPTER 30--ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM
 
               SUBCHAPTER II--BASIC EDUCATIONAL ASSISTANCE
 
Sec. 3018. Opportunity for certain active-duty personnel to 
        withdraw election not to enroll
        
    (a) Notwithstanding any other provision of this chapter, during the 
period beginning December 1, 1988, and ending June 30, 1989 (hereinafter 
in this section referred to as the ``open period''), an individual who--
        (1) first became a member of the Armed Forces or first entered 
    on active duty as a member of the Armed Forces during the period 
    beginning July 1, 1985, and ending June 30, 1988;
        (2) has continuously served on active duty without a break in 
    service since the date the individual first became such a member or 
    first entered on active duty as such a member; and
        (3) is serving on active duty during the open period,

shall have the opportunity, in accordance with this section and on such 
form as the Secretary of Defense shall prescribe, to withdraw an 
election made under section 3011(c)(1) or 3012(d)(1) of this title not 
to receive educational assistance under this chapter.
    (b) An individual described in clauses (1) through (3) of subsection 
(a) of this section who made an election under section 3011(c)(1) or 
3012(d)(1) of this title and who--
        (1) while serving on active duty during the open period, makes a 
    withdrawal of such an election;
        (2) continues to serve the period of service which, at the 
    beginning of the open period, such individual was obligated to 
    serve;
        (3)(A) serves the obligated period of service described in 
    clause (2) of this subsection;
        (B) before completing such obligated period of service, is 
    discharged or released from active duty for (i) a service-connected 
    disability, (ii) a medical condition which preexisted such service 
    and which the Secretary determines is not service connected, (iii) 
    hardship, or (iv) 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 of 
    each military department in accordance with regulations prescribed 
    by the Secretary of Defense (or by the Secretary of Transportation 
    with respect to the Coast Guard when it is not operating as a 
    service of the Navy); or
        (C) before completing such obligated period of service, is (i) 
    discharged or released from active duty for the convenience of the 
    Government after completing not less than 20 months of such period 
    of service, if such period was less than three years, or 30 months, 
    if such period was at least three years, or (ii) involuntarily 
    discharged or released from active duty for the convenience of the 
    Government as a result of a reduction in force, as determined by the 
    Secretary concerned in accordance with regulations prescribed by the 
    Secretary of Defense;
        (4) before completing such obligated period of service (i) has 
    completed the requirements of a secondary school diploma (or an 
    equivalency certificate), or (ii) 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; and
        (5) upon completion of such obligated period of service--
            (A) is discharged from service with an honorable discharge, 
        is placed on the retired list, is transferred to the Fleet 
        Reserve or Fleet Marine Corps Reserve, or is placed on the 
        temporary disability retired list;
            (B) continues on active duty; or
            (C) is released from active duty for further service in a 
        reserve component of the Armed Forces after service on active 
        duty characterized by the Secretary concerned as honorable 
        service,

is entitled to basic educational assistance under this chapter.
    (c) The basic pay of an individual withdrawing, under subsection 
(b)(1) of this section, an election under section 3011(c)(1) or 
3012(d)(1) of this title shall be reduced by--
        (1) $1,200; or
        (2) in the case of an individual described in clause (B) or (C) 
    of subsection (b)(3) of this section whose discharge or release from 
    active duty prevents the reduction of the basic pay of such 
    individual by $1,200, an amount less than $1,200.

    (d) A withdrawal under subsection (b)(1) of this section is 
irrevocable.

(Added Pub. L. 100-689, title I, Sec. 103(a), Nov. 18, 1988, 102 Stat. 
4164, Sec. 1418; amended Pub. L. 101-237, title IV, Sec. 423(b)(1)(A), 
(4)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102-16, Sec. 10(a)(2), 
Mar. 22, 1991, 105 Stat. 55; renumbered Sec. 3018 and amended Pub. L. 
102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-86, 
title V, Sec. 506(b)(2), Aug. 14, 1991, 105 Stat. 426; Pub. L. 102-568, 
title III, Sec. 309(a), Oct. 29, 1992, 106 Stat. 4329; Pub. L. 105-368, 
title II, Sec. 203(a), Nov. 11, 1998, 112 Stat. 3326.)


                               Amendments

    1998--Subsec. (b)(4)(ii). Pub. L. 105-368 substituted ``successfully 
completed (or otherwise received academic credit for)'' for 
``successfully completed''.
    1992--Subsec. (b)(3)(B)(iv). Pub. L. 102-568 added cl. (iv).
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1418 of this 
title as this section.
    Subsec. (a). Pub. L. 102-86 made technical amendment to directory 
language of Pub. L. 101-237, Sec. 423(b)(4)(A). See 1989 Amendment note 
below.
    Pub. L. 102-83, Sec. 5(c)(1), substituted ``3011(c)(1) or 
3012(d)(1)'' for ``1411(c)(1) or 1412(d)(1)'' in concluding provisions.
    Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3011(c)(1) 
or 3012(d)(1)'' for ``1411(c)(1) or 1412(d)(1)'' in introductory 
provisions.
    Subsec. (b)(4). Pub. L. 102-16 substituted ``service (i)'' for 
``service,'' and added cl. (ii).
    Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3011(c)(1) 
or 3012(d)(1)'' for ``1411(c)(1) or 1412(d)(1)'' in introductory 
provisions.
    1989--Subsec. (a). Pub. L. 101-237, Sec. 423(b)(4)(A), as amended by 
Pub. L. 102-86, inserted ``of Defense'' after ``Secretary'' in 
concluding provisions.
    Subsec. (b)(3)(B). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted 
``Secretary'' for ``Administrator''.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-368 effective Oct. 1, 1998, see section 
203(b) of Pub. L. 105-368, set out as a note under section 3011 of this 
title.


                    Effective Date of 1992 Amendment

    Section 309(b) of Pub. L. 102-568 provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect as if 
enacted on December 1, 1988.''


                    Effective Date of 1991 Amendment

    Section 506(b)(2) of Pub. L. 102-86 provided that the amendment made 
by that section is effective as of Dec. 18, 1989.

                  Section Referred to in Other Sections

    This section is referred to in sections 3013, 3015, 3016, 3017, 3021 
of this title.
