Page:United States Statutes at Large Volume 91.djvu/1142

 91 STAT. 1108 38 USC 601 et seq.

38 USC 3103.

"Discharge or release."

38 USC 3103 note.

Effective dates. 38 USC 3103 note.

PUBLIC LAW 95-126—OCT. 8, 1977 related benefits authorized to be provided under chapter 17 of title 38, United States Code, for any disability incurred or aggravated during active military, naval, or air service in line of duty by a person other than a person barred from receiving benefits by section 3103(a) of such title, but shall not provide such health care and related benefits pursuant to this section for any disability incurred or aggravated during a period of service from which such person was discharged by reason of a bad conduct discharge. SEC. 3. Paragraph (18) of section 101 of title 38, United States Code, is amended to read as follows: " (18) The term 'discharge or release' includes (A) retirement from the active military, naval, or air service, and (B) the satisfactory completion of the period of active military, naval, or air service for which a person was obligated at the time of entry into such service in the case of a person who, due to enlistment or reenlistment, was not awarded a discharge or release from such period of service at the time of such completion thereof and who, at such time, would otherwise have been eligible for the award of a discharge or release under conditions other than dishonorable.". SEC. 4. In promulgating, or making any revisions of or amendments to, regulations governing the standards and procedures by which the Veterans' Administration determines whether a person was discharged or released from active military, naval, or air service under conditions other than dishonorable, the Administrator of Veterans' Affairs shall, in keeping with the spirit and intent of this Act, not promulgate any such regulations or revise or amend any such regulations for the purpose of, or having the effect of, (1) providing any unique or special advantage to veterans awarded general or honorable discharges under revised standards for the review of discharges described in section 3103(e)(2)(A)(i), (ii), or (iii) of title 38, United States Code, as added by section 1(a)(2) of this Act, or (2) otherwise making any special distinction between such veterans and other veterans. SEC. 5. This Act shall become effective on the date of its enactment, except that— (1) section 2 shall become effective on October 1, 1977, or on such enactment date, whichever is later; and (2) the amendments made by section 1(a) shall apply retroactively to deny benefits under laws administered by the Veterans' Administration, except that, notwithstanding any other provision of law— (A) with respect to any person who, on such enactment date is receiving benefits under laws administered by the Vett,,. erans' Administration, (i) such benefits shall not be termi.,,, nated under paragraph (2) of section 3103(e) of title 38, United States Code, as added by section 1(a)(2) of this Act, until (I) the day on which a final determination not favorable to the person concerned is made on an expedited basis under paragraph (2) of such section 3103(e), (II) the day following the expiration of ninety days after a preliminary determination not favorable to such person is made under L such paragraph, or ( III) the day following the expiration of one hundred and eighty days after such enactment date, whichever day is the earliest, and (ii) the United States shall .. / not make any claim to recover the value of any benefits i,, provided to such person prior to such earliest day * (B) with respect to any person awarded a general or honorable discharge under revised standards for the review of ^; discharges referred to in clause (A)(i), (ii),or (iii) of such

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