OPPORTUNITY FOR MONTGOMERY GI BILL ENROLLMENT FOR CERTAIN ACTIVE-DUTY NONPARTICIPANTS.

SEC. 103. OPPORTUNITY FOR MONTGOMERY GI BILL ENROLLMENT FOR CERTAIN ACTIVE-DUTY NONPARTICIPANTS. (a) In General.—Subchapter II of chapter 30 is amended by adding at the end the following new section (after the section added by section 101(a) of this Act): “§ 1418. 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 shall prescribe, to withdraw an election made under section 1411(c)(1) or 1412(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 1411(c)(1) or 1412(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 Administrator determines is not service connected, or (iii) hardship; 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, has completed the requirements of a secondary school diploma (or an equivalency certificate); and “(5) upon completion of such obligated period of service— 102 STAT. 4165 “(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 1411(c)(1) or 1412(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.”. (b) Conforming Amendments.— (1) The second sentence of section 1411(b) and of section 1412(c) are each amended by striking out “subsection” and inserting in lieu thereof “chapter”. (2) Section 1413 is amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following new subsection: “(c) (1) Subject to section 1795 of this title and except as provided in paragraph (2) of this subsection, each individual entitled to basic educational assistance under section 1418 of this title is entitled to 36 months of educational assistance under this chapter (or the equivalent thereof in part-time educational assistance). “(2) Subject to section 1795 of this title, an individual described in clause (B) or (C) of section 1418(b)(3) of this title whose discharge or release from active duty prevents the reduction of the basic pay of such individual by $1,200 is entitled to the number of months of assistance under this chapter that is equal to the lesser of— “(A) 36 multiplied by a fraction the numerator of which is the amount by which the basic pay of the individual has been reduced under section 1418(c) and the denominator of which is $1,200; or “(B) the number of months the individual has served on continuous active duty after June 30, 1985.”. (3) Section 1415(b) is amended by inserting “or 1418” after “section 1411”. (4) Section 1416 is amended by adding at the end the following new subsection: “(c) A member of the Armed Forces who— “(1) completes at least two years of service on active duty after June 30, 1985; “(2) after such service continues on active duty without a break in service; and “(3) but for section 1418(b)(3)(A) of this title would be entitled to basic educational assistance under this chapter, may receive such assistance for enrollment in an approved program of education while continuing to perform the service described in section 1418(b)(2) of this title.”. 102 STAT. 4166 (5) Section 1421 is amended— (A) in subsection (a) in the matter preceding clause (1), by inserting “or 1418” after “section 1411”; and (B) in subsection (b) in the matter preceding clause (1), by inserting “or 1418” after “section 1412”. (c) Clerical Amendment.—The table of sections for subchapter II of chapter 30 is amended by adding the following new item (after the item added by section 101(b) of this Act): “1418. Opportunity for certain active-duty personnel to withdraw election not to enroll.”.