Page:United States Statutes at Large Volume 76.djvu/557

 76 STAT.]

PUBLIC LAW 87-651-SEPT. 7, 1962

509

"§ 1218. Discharge or release from active duty: claims for compensation, pension, or hospitalization " (a) A member of an armed force may not be discharged or released from active duty because of physical disability until he— "(1) has made a claim for compensation, pension, or hospitalization, to be filed with the Veterans' Administration, or has refused to make such a claim; or "(2) has signed a statement that his right to make such a claim has been explained to him, or has refused to sign such a statement. " (b) A right that a member may assert after failing or refusing to sign a claim, as provided in subsection (a), is not affected by that failure or refusal. "(c) This section does not prevent the immediate transfer of a member to a Veterans' Administration facility for necessary hospital care. "A member of an armed force may not be required to sign a statement relating to the origin, incurrence, or aggravation of a disease or injury that he has. Any such statement against his interests, signed by a member, is invalid." (d) Section 1220 of title 10, United States Code, is repealed. (e) Chapter 61 of title 10, United States Code, is amended by strik- lo use 1201ing out of the analysis: ^221. "1218. Explanation of rights before discharge. "1219. Statement against interest void. "1220. Location of accredited represeiitatives at military installations."
 * '§ 1219. Statement of origin of disease or injury: limitations

and inserting in place thereof: "1218. Discharge or release from active duty: claims for compensation, pension, or hospitalization. "1219. Statement of origin of disease or injury: limitations."

SEC. 108. Section 1334(b) of title 10, United States Code, is amended to read as follows: " (b) Time spent after retirement (without pay) for failure to conform to standards and qualifications prescribed under section 1001 of this title may not be credited in a computation of years of service under this chapter." SEC. 109. Section 1405 of title 10, United States Code, is amended by striking out "6391(h), 6394(g)(2) " and inserting in place thereof "6394(h)". SEC. 110. (a) Sections 1553 and 1554 of title 10, United States Code, are amended to read as follows: '*§ 1553. Review of discharge or dismissal " (a) The Secretary concerned shall, after consulting the Administrator of Veterans' Affairs, establish a board of review, consisting of five members, to review the discharge or dismissal (other than a discharge or dismissal by sentence of a general court-martial) of any former member of an armed force under the jurisdiction of his department upon its own motion or upon the request of the former member or, if he is dead, his surviving spouse, next of kin, or legal representative. A motion or request for review must be made within 15 years after the date of the discharge or dismissal.

70A Stat. 104.

72 Stat. 130. 72 Stat. 1267.

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