Page:United States Statutes at Large Volume 102 Part 5.djvu/158

 102 STAT. 4164

PUBLIC LAW 100-689—NOV. 18, 1988 active duty or in the Selected Reserve and which the Administrator determines is not service connected; and (2) as of October 1, 1987, with respect to individuals involuntarily discharged or released for the convenience of the Government as a result of a reduction in force.

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 pjenod 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 b^^nning 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)(l) or 1412(d)(l) 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)(l) or 1412(d)(l) of this title and w h o ' l l) 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 dischaiged 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 r^ulations 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—

�