Page:United States Statutes at Large Volume 122.djvu/3551

 12 2 STA T .35 2 8PUBLIC LA W 11 0– 31 7— AU G .2 9, 2008 policy p erm i t ti ng t h ee a rly s eparation o f a mem b er w ho is the only s u r v iving chil d in a family in which —‘ ‘ (A) the father or mother or one or more siblings— ‘‘(i) served in the Armed F orces and ‘‘(ii) was k illed , died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 10 0 percent disabled or hospitali z ed on a continuing basis (and is not employed gainfully because of the disability or hospitalization); and ‘‘( B ) the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence .’ ’. SEC.4 . TRAN S I TI O NA LH EALTH CARE F OR M EM B ERS OF THE ARME D FORCES W HO RECEI V ESOLES U RVIVORSHI P DISCHAR G E. S ection 11 45 (a)( 2 ) of title 10, U nited States C ode, is amended by adding at the end the following new subparagraph

‘‘( E ) A member who receives a sole survivorship discharge (as defined in section 11 7 4(i) of this title).’’. SEC. 5 . TRANSITIONAL COMMISSAR Y AND E X CHANGE BENEFITS FOR MEMBERS OF THE ARMED FORCES WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE. Section 114 6 of title 10, United States Code, is amended— (1) by striking ‘‘ T he Secretary of D efense’’ and inserting the following: ‘‘(a) B EN E FITS F ORM E MB ERS I N V O LU NT A RIL Y SE P ARATE D .—The Secretary of Defense’’; and (2) by adding at the end the following new subsection: ‘‘(b) BENEFITS FOR MEMBERS R E C EIVIN G SOLE SURVIVORS H IP DISCHARGE.—A member of the Armed Forces who receives a sole survivorship discharge (as defined in section 1174(i) of this title) is entitled to continue to use commissary and e x change stores and morale, welfare, and recreational facilities in the same manner as a member on active duty during the two - year period beginning on the later of the following dates: ‘‘(1) The date of the separation of the member. ‘‘(2) The date on which the member is first notified of the members entitlement to benefits under this section.’’. SEC. 6 . VETERANS BENEFITS FOR MEMBERS OF THE ARMED FORCES WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE. (a) H OUSING L OAN BENEFITS.—Section 3 702(a)(2) of title 3 8, United States Code, is amended by adding at the end the following new subparagraph: ‘‘(F) Each veteran who was discharged or released from a period of active duty of 9 0 days or more by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10).’’. (b) EMPLOYMENT AND TRAINING.—Section 4211(4) of such title is amended— (1) in subparagraph (B), by striking ‘‘or’’ at the end; (2) in subparagraph (C), by striking the period at the end and inserting ‘‘; or’’; and (3) by adding at the end the following new subparagraph:

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