Pub. L. 100-689, tit. I, pt. A, sec. 111
TECHNICAL AMENDMENTS.
SEC. 111. TECHNICAL AMENDMENTS. (a) Title 38 Amendments.—Title 38 is amended as follows: (1) Section 1402(3)(B) is amended by striking out “includes” and inserting in lieu thereof “in the case of an individual who is not serving on active duty, includes”. (2) (A) Section 1411(a)(1)(A)(i)(I) is amended by inserting “, as the individual’s initial obligated period of active duty,” after “serves”. 102 STAT. 4171 (B) Section 1412(a)(1)(A)(i) is amended by inserting “, as the individual’s initial obligated period of active duty,” after “serves”. (3) Section 1411 is amended by adding the following new subsection at the end: “(d) (1) For purposes of this chapter, any period of service described in paragraph (2) of this subsection shall not be considered a part of an individual’s initial obligated period of active duty. “(2) The period of service referred to in paragraph (1) is any period terminated because of a defective enlistment and induction based on— “(A) the individual’s being a minor for purposes of service in the Armed Forces; “(B) an erroneous enlistment or induction; or “(C) a defective enlistment agreement.”. (4) Section 1413 is amended— (A) in subsection (a)(2)— (i) by striking out “In” and inserting in lieu thereof “Subject to section 1795 of this title and subsection (c) of this section, in”; and (ii) by striking out “active duty” and all that follows through the period and inserting in lieu thereof “continuous active duty served by such individual after June 30, 1985, as part of the individual’s initial obligated period of active duty in the case of an individual described in section 1411(a)(1)(B)(ii) (I) or (III) of this title, or in the case of an individual described in section 1411(a)(1)(B)(ii) (I) or (III) of this title, after June 30, 1985.”; and (B) in subsection (b)(1), by striking out “active duty” and all that follows through “title, and” and inserting in lieu thereof “continuous active duty served by such individual after June 30, 1985, as part of the individual’s initial obligated period of active duty in the case of an individual described in section 1412(a)(1)(A) of this title, or in the case of an individual described in section 1412(a)(1)(B) of this title, after June 30, 1985, and”. (5) (A) Section 1415(a) is amended by striking out “Subject” and all that follows through “except” and inserting in lieu thereof “The amount of payment of educational assistance under this chapter is subject to section 1432 of this title. Except”. (B) Section 1422(a) is amended by striking out “Subject” and all that follows through “except” and inserting in lieu thereof “The amount of payment of educational assistance under this chapter is subject to section 1432 of this title. Except”. (6) Section 1431(a) is amended by striking out “beginning on” and all that follows through the period and inserting in lieu thereof the following: “beginning on the date of such individual’s last discharge or release from active duty, except that such 10-year period shall begin— “(1) in the case of an individual who becomes entitled to such assistance under clause (A) or (B) of section 1412(a)(1) of this title, on the later of the date of such individual’s last discharge or release from active duty or the date on which the four-year requirement described in clause (A)(ii) or (B)(ii), respectively, of such section 1412(a)(1) is met; and 102 STAT. 4172 “(2) in the case of an individual who becomes entitled to such assistance under section 1411(a)(1)(B), on the later of the date of such individual’s last discharge or release from active duty or January 1, 1990.’. (7) (A) Section 1432 is amended by adding at the end the following new subsection (after the subsection added by section 108(a)(2) of this Act): “(e) (1) (A) The amount of the educational assistance allowance payable under this chapter to an individual who enters into an agreement to pursue, and is pursuing, a program of education exclusively by correspondence is an amount equal to 55 percent of the established charge which the institution requires nonveterans to pay for the course or courses pursued by such individual. “(B) For purposes of this paragraph, the term ‘established charge’ means the lesser of— “(i) the chaise for the course or courses determined on the basis of the lowest extended time payment plan offered by the institution and approved by the appropriate State approving agency; or “(ii) the actual charge to the individual for such course or courses. “(2) Such allowance shall be paid quarterly on a pro rata basis for the lessons completed by the individual and serviced by the institution. “(3) In each case in which the rate of payment to an individual is determined under paragraph (1) of this subsection, the period of entitlement of such individual under this chapter shall be charged at the rate of one month for each payment of educational assistance to the individual that is equal to the amount of monthly educational assistance the individual would otherwise be eligible to receive for full-time pursuit of an institutional course under this chapter.”. (B) Section 1434 (as amended by section 106(a) of this Act) is amended— (i) in subsection (a)(1), by inserting “1786(a),” after “1780(g),”; (ii) by striking out subsection (c); and (iii) by redesignating subsection (d) as subsection (c). (8) Section 1432(c)(3) is amended— (A) by striking out “for” and inserting in lieu thereof “(A) Except as provided in subparagraph (B) of this paragraph, for”; (B) by redesignating clauses (A), (B), and (C) as clauses (i), (ii), and (iii), respectively; and (C) by adding at the end the following new subparagraph: “(B) Any such charge to the individual’s entitlement shall be reduced proportionately in accordance with the reduction in payment under paragraph (2) of this subsection.”. (9) Section 1673(d) is amended— (A) by inserting “or under chapter 106 of title 10” before the period at the end of the first sentence; and (B) by inserting “or under chapter 106 of title 10” after “of this title” in the third sentence. (b) Chapter 106 Amendments.—Chapter 106 of title 10, United States Code, is amended as follows: (1) Section 2131(c)(2) is amended by inserting before the period at the end the following: “(or the equivalent thereof in part-time educational assistance)”. 102 STAT. 4173 (2) Section 2132(a)(2) is amended— (A) by striking out “received” and inserting in lieu thereof “completed the requirements of”; and (B) by inserting before the semicolon the following: “, or in the case of an individual who reenlists or extends an enlistment as described in paragraph (1)(A) of this subsection, has completed such requirements at any time before such reenlistment or extension”. (3) Section 2132(c) is amended by adding the following sentence at the end: “At the request of the Administrator of Veterans’ Affairs, the Secretary of Defense shall transmit a notice of entitlement for each such person to the Administrator.”. (4) Section 2132(d) is amended to read as follows: “(d) An individual who serves in the Selected Reserve may not receive credit for such service under both the program established by chapter 30 of title 38 and the program established by this chapter but shall elect (in such form and manner as the Administrator of Veterans’ Affairs may prescribe) the program to which such service is to be credited.”. (5) Section 2133 is amended— (A) in subsection (a), by striking out “section” and inserting in lieu thereof “chapter”; (B) in subsection (b), by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively, and by adding as paragraph (1) the following new paragraph: “(b) (1) In the case of a person separated from the Selected Reserve because of a disability which was not the result of the individual’s own willful misconduct incurred on or after the date on which such person became entitled to educational assistance under this chapter, the period for using entitlement prescribed by subsection (a) shall be determined without regard to clause (2) of such subsection.”; and (C) in paragraph (2) of subsection (b), as redesignated by subparagraph (B) of this paragraph, strike out “1431(e)” and insert in lieu thereof “1431(f)”. (6) Section 2135 is amended— (A) in subsection (a)(1), by inserting “, and during which the member has received such assistance,” after “chapter”; and (B) by striking out clause (A) of subsection (b)(1) and inserting in lieu thereof the following: “(A) the number of months of obligated service the person has remaining under the agreement entered into under section 2131(a) of this title divided by the original number of months of such obligation; and”.