Page:United States Statutes at Large Volume 118.djvu/1918

 118 STAT. 1888 PUBLIC LAW 108–375—OCT. 28, 2004 purposes under this chapter to have been serving under an order to active duty for a period of 30 days or less. ‘‘(b) APPLICABLE REASONS FOR RELEASE.—Subsection (a) applies in the case of a member released from active duty because of a failure to meet— ‘‘(1) physical standards for retention due to a preexisting condition not aggravated during the period of active duty; or ‘‘(2) medical or dental standards for deployment due to a preexisting condition not aggravated during the period of active duty. ‘‘(c) SAVINGS PROVISION FOR MEDICAL CARE PROVIDED WHILE ON ACTIVE DUTY.—Notwithstanding subsection (a), any benefit under chapter 55 of this title received by a member described in subsection (a) or a dependent of such member before or during the period of active duty shall not be subject to recoupment or otherwise affected.’’. (b) CLERICAL AMENDMENT.—The table of sections at the begin ning of such chapter is amended by inserting after the item relating to section 1206 the following new item: ‘‘1206a. Reserve component members unable to perform duties when ordered to ac tive duty: disability system processing.’’. SEC. 522. REQUIREMENT FOR RETENTION OF RESERVES ON ACTIVE DUTY TO QUALIFY FOR RETIRED PAY NOT APPLICABLE TO NONREGULAR SERVICE RETIREMENT SYSTEM. Section 12686(a) of title 10, United States Code, is amended by inserting ‘‘(other than the retirement system under chapter 1223 of this title)’’ after ‘‘retirement system’’. SEC. 523. FEDERAL CIVIL SERVICE MILITARY LEAVE FOR RESERVE AND NATIONAL GUARD CIVILIAN TECHNICIANS. Section 6323(d)(1) of title 5, United States Code is amended by striking ‘‘(other than active duty during a war or national emer gency declared by the President or Congress)’’. SEC. 524. EXPANDED EDUCATIONAL ASSISTANCE AUTHORITY FOR OFFICERS COMMISSIONED THROUGH ROTC PROGRAM AT MILITARY JUNIOR COLLEGES. (a) FINANCIAL ASSISTANCE PROGRAM FOR SERVICE ON ACTIVE DUTY.—Section 2107(c) of title 10, United States Code, is amended by adding at the end the following new paragraph: ‘‘(5)(A) The Secretary of the Army, under regulations and cri teria established by the Secretary, may provide an individual who received a commission as a Reserve officer in the Army from a military junior college through a program under this chapter and who does not have a baccalaureate degree with financial assistance for pursuit of a baccalaureate degree. ‘‘(B) Such assistance is in addition to any financial assistance provided under paragraph (1), (3), or (4). ‘‘(C) The agreement and reimbursement requirements estab lished in section 2005 of this title are applicable to financial assist ance under this paragraph. ‘‘(D) An officer receiving financial assistance under this para graph shall be attached to a unit of the Army as determined by the Secretary and shall be considered to be a member of the Senior Reserve Officers’ Training Corps on inactive duty for training, as defined in section 101(23) of title 38. Regulations.

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