Pub. L. 101-510, div. A, tit. V, pt. F, sec. 562

CLARIFYING AMENDMENTS TO MONTGOMERY GI BILL ACTIVE DUTY PROGRAM

EnactedYear: 1990Length: 538 wordsOfficial source
SEC. 562. CLARIFYING AMENDMENTS TO MONTGOMERY GI BILL ACTIVE DUTY PROGRAM (a) Reason for Discharge.— (1) Subparagraph (A)(ii)(I) of section 1411(a)(1) of title 38, United States Code, is amended— (A) by striking out “or for” and inserting in lieu thereof “for”; and 104 STAT. 1574 (B) by inserting after “hardship” the following: “, or for 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 in the Navy”. (2) Subparagraph (B)(ii)(I) of section 1411(a)(1) of such title is amended— (A) by striking out “or for” and inserting in lieu thereof “for”; and (B) by inserting after “hardship” the following: “, or for a physical or mental condition that was not characterized as a disability, as described in subparagraph (A)(ii)(I) of this paragraph”. (3) Section 1412(b)(1) of such title is amended— (A) in subparagraph (A)— (i) by striking out “or (v)” and inserting in lieu thereof “(v)”; and (ii) by inserting immediately before the period the following: “, or (vi) for a physical or mental condition that was not characterized as a disability, as described in section 1411(a)(1)(A)(ii)(I) of this title”; (B) in subparagraph (B)(i)— (i) by striking out “or for” and inserting in lieu thereof “, for”; and (ii) by inserting immediately before “, if the individual” the following: “, or for a physical or mental condition not characterized as a disability, as described in section 1411(a)(1)(A)(ii)(I) of this title”; and (C) in subparagraph (B)(ii)— (i) by striking out “or (V)” and inserting in lieu thereof “(V)”; and (ii) by inserting immediately before the period the following: “, or (VI) for a physical or mental condition not characterized as a disability, as described in section 1411(a)(1)(A)(ii)(I) of this title”. (4) Section 3103A(b)(3)(F) is amended— (A) by striking out “or” at the end of clause (ii); (B) by striking out the period at the end of clause (iii) and inserting in lieu thereof “; or”; and (C) by adding at the end the following: “(iv) a discharge or release from active duty for 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 described in section 1411(a)(1)(A)(ii)(I) of this title.”. (b) Initial Period of Duty.— Section 1411(d) of such title is amended— (1) in paragraph (1), by striking out “paragraph (2)” and inserting in lieu thereof “paragraphs (2) and (3)”; and (2) by adding at the end the following: “(3) The period of service referred to in paragraph (1) is also any period of service on active duty which an individual in the Selected104 STAT. 1575 Reserve was ordered to perform under section 672, 673, 673b, 674, or 675 of title 10 for a period of less than 2 years.”. (c) Effective Date.— The amendments made by this section shall take effect as of October 19, 1984.
Pub. L. 101-510, div. A, tit. V, pt. F, sec. 562: CLARIFYING AMENDMENTS TO MONTGOMERY GI BILL ACTIVE DUTY PROGRAM | Justis AI