
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC3018A]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
     CHAPTER 30--ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM
 
               SUBCHAPTER II--BASIC EDUCATIONAL ASSISTANCE
 
Sec. 3018A. Opportunity for certain active-duty personnel to 
        enroll before being involuntarily separated from service
        
    (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 3011(c)(1) or 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 
    Transportation 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) of this subsection, 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) of 
    this subsection,

is entitled to basic educational assistance under this chapter.
    (b) The basic pay of an individual described in subsection (a) of 
this section shall be reduced by $1,200.
    (c) A withdrawal referred to in subsection (a)(3) of this section is 
irrevocable.
    (d)(1) Except as provided in paragraph (3) of this subsection, 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) of this subsection \1\ shall be disenrolled from such 
chapter 32 program as of the date of such election.
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    \1\ So in original. Probably should be ``section''.
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    (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) of 
section 3222 of this title on behalf of any individual referred to in 
paragraph (1) of this subsection shall remain in such Account to make 
payments of benefits to such individual under section 3015(f) of this 
chapter.

(Added Pub. L. 101-510, div. A, title V, Sec. 561(a)(1), Nov. 5, 1990, 
104 Stat. 1571, Sec. 1418A; amended Pub. L. 102-25, title VII, 
Sec. 705(c)(1), Apr. 6, 1991, 105 Stat. 120; renumbered Sec. 3018A and 
amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; 
Pub. L. 103-446, title XII, Sec. 1201(d)(4), (i)(4), Nov. 2, 1994, 108 
Stat. 4684, 4688; Pub. L. 105-368, title II, Sec. 203(a), Nov. 11, 1998, 
112 Stat. 3326.)


                               Amendments

    1998--Subsec. (a)(2). Pub. L. 105-368 substituted ``successfully 
completed (or otherwise received academic credit for)'' for 
``successfully completed''.
    1994--Subsec. (a)(1). Pub. L. 103-446, Sec. 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. (d)(3). Pub. L. 103-446, Sec. 1201(d)(4), substituted 
``section 3015(f)'' for ``section 3015(e)''.
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1418A of this 
title as this section.
    Subsec. (a)(1). Pub. L. 102-25 substituted ``section 1141 of title 
10'' for ``section 1142 of title 10''.
    Subsec. (a)(3). Pub. L. 102-83, Sec. 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, Sec. 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 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3013, 3015, 3035, 4214 of 
this title.
