Page:United States Statutes at Large Volume 91.djvu/1141

 PUBLIC LAW 95-126—OCT. 8, 1977

91 STAT. 1107

honorable conditions, shall be entitled to benefits under laws administered by the Veterans' Administration except upon a determination, based on a case-by-case review, under standards (meeting the requirements of paragraph (1) of this subsection) applied by the board of review concerned under section 1553 of title 10, subject to review by the Secretary concerned, that such 10 USC 1553. person would be awarded an upgraded discharge under such standards; and "(B) such determination shall be made by such board (i) on Expedited an expedited basis after notification by the Veterans' Administra- determination. tion to the Secretary concerned- that such person has received, is in receipt of, or has applied for such benefits or after a written request is made by such person or such determination, (ii) on its own initiative within one year after the date of enactment of this paragraph in any case where a general or honorable discharge has been awarded on or prior to the date of enactment of this paragraph under revised standards referred to in clause (A)(i), (ii), or (iii) of this paragraph, or (iii) on its own initiative at the time a general or honorable discharge is so awarded in any case where a general or honorable discharge is awarded after such enactment date. If such board makes a preliminary determination that such person Appearance would not have been awarded an upgraded discharge under standards before board. meeting the requirements of paragraph (1) of this subsection, such Notice. person shall be entitled to an appearance before the board, as provided for in section 1553(c) of title 10, prior to a final determination on such question and shall be given written notice by the board of such preliminary determination and of his or her right to such appearance. The Administrator shall, as soon as administratively feasible, notify Board of the appropriate board of review of the receipt of benefits under laws review, administered by the Veterans' Administration, or of the application notification. for such benefits, by any person awarded an upgraded discharge under revised standards referred to in clause (A)(i), (ii), or (iii) of this paragraph with respect to whom a favorable determination has not been made under this paragraph.". (b)(1) The Secretary of Defense shall fully inform each person Information, awarded a general or honorable discharge under revised standards for notification. the review of discharges referred to in section 3103(e)(2)(A)(i), 38 USC 3103 (ii), or (iii) of title 38, United States Code, as added by subsection note. (a)(2) of this section, of his or her right to obtain an expedited determination under section 3103(e)(2)(B)(i) of such title and of the implications of the provisions of *this Act for each such person. (2) Notwithstanding any other provision of law, the Secretary of Defense shall inform each person who applies to a board of review under section 1553 of title 10, United States Code, and who appears to have been discharged under circumstances which might constitute a bar to benefits under section 3103(a) of title 38, United States Code, (A) that such person might possibly be administratively found to be entitled to benefits under laws administered by the Veterans' Administration only through the action of a board for the correction of military records under section 1552 of such title 10 or the action of the Administrator of Veterans' Affairs under section 3103 of such title 38, and (B) of the procedures for making application to such section 1552 board for such purpose and to the Administrator of Veterans' Affairs for such purpose (including the right to proceed concurrently under such sections 3103, 1552, and 1553). SEC. 2. Notwithstanding any other provision of law, the Adminis- Health care trator of Veterans' Affairs shall provide the type of health care and and benefits. 38 USC 3103 note.

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