Pub. L. 101-366, tit. II, sec. 207

REFUNDS FOR CERTAIN SERVICE ACADEMY GRADUATES.

EnactedYear: 1990Length: 552 wordsOfficial source
SEC. 207. REFUNDS FOR CERTAIN SERVICE ACADEMY GRADUATES. (a) In General.— Upon receipt before January 1, 1992, of an application from an individual described in subsection (b)(3), the Secretary of Veterans Affairs shall— (1) not later than 60 days after receiving such application, refund to the individual concerned the amount, if any, of the individual’s unused contributions to the VEAP Account; (2) (A) if the individual has received educational assistance under chapter 32 of title 38, United States Code, for the pursuit of a program of education, pay to the individual (out of funds appropriated to the readjustment benefits account) a sum equal to the amount by which the amount of the educational assistance that the individual would have received under chapter 34 of such title for the pursuit of such program exceeds the amount of the educational assistance that the individual did receive under such chapter 32 for the pursuit of such program; or (B) if the individual has not received educational assistance under such chapter 32, pay to the individual (out of funds appropriated to the Department of Veterans Affairs Readjustment Benefits account) a sum equal to the amount of educational assistance that the individual would have received under chapter 34 of such title for the pursuit of a program of 104 STAT. 443education if the individual had been entitled to assistance under such program during the period ending on December 31, 1989; and (3) refund to the Secretary of Defense the unused contributions by such Secretary to the VEAP Account on behalf of such individual. (b) Definitions.— For purposes of this section— (1) the term “VEAP Account” means the Post-Vietnam Era Veterans Education Account established pursuant to section 1622(a) of title 38, United States Code; (2) the term “active duty” has the same meaning given such term by section 101(21) of such title 38; (3) the term “individual described in subsection (b)(3)” means an individual who— (A) before January 1, 1977, commenced the third academic year as a cadet or midshipman at one of the service academies or the third academic year as a member of the Senior Reserve Officers’ Training Corps in a program of educational assistance under section 2104 or 2107 of title 10, United States Code; (B) served on active duty for a period of more than 180 days pursuant to an appointment as a commissioned officer received upon graduation from one of the service academies or upon satisfactory completion of advanced training (as defined in section 2101 of such title 10) as a member of the Senior Reserve Officers’ Training Corps; (C) after such period of active duty, was discharged or released therefrom under conditions other than dishonor-able or continued to serve on active duty without a break in service; and (D) if enrolled under the program of educational assistance provided under chapter 32 of title 38, United States Code, submits to the Secretary of Veterans Affairs, as part of the application made by the individual under subsection (a) in such form and manner as such Secretary shall prescribe by January 1, 1991, an irrevocable election to be disenrolled from such program at that time; and (4) the term “service academies” means the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Coast Guard Academy.