Page:United States Statutes at Large Volume 95.djvu/1026

 95 STAT. 1000 Separation from service.

10 USC 1201 et seq.

37 USC 406.

Dependents.

Ineligible members.

PUBLIC LAW 97-60—OCT. 14, 1981

"(2)(A) Except as provided in subparagraph (B) of this paragraph, a member who is separated from the service or released from active duty and who— "(i) on the date of his separation from the service or release from active duty, has not served on active duty for a period of time equal to at least 90 percent of the period of time for which he initially enlisted or otherwise initially agreed to serve; or "(ii) is separated from the service or released from active duty under other than honorable conditions, as determined by the Secretary concerned; may be provided travel and transportation under this section only by transportation in kind by the least expensive mode of transportation available or by a monetary allowance that does not exceed the cost to the Government of such transportation in kind. "(B) Subparagraph (A) of this paragraph does not apply to a member— "(i) who is retired, or is placed on the temporary disability retired list, under chapter 61 of title 10; "(ii) who is separated from the service or relesised from active duty for a medical condition affecting the member, as determined by the Secretary concerned; "(iii) who is separated from the service or released from active duty because the period of time for which the member initially enlisted or otherwise initially agreed to serve has been reduced by the Secretary concerned and is separated or released under honorable conditions; or "(iv) who is discharged under section 1173 of title 10.". 0))(1) Subsection (a) of section 406 of such title is amended— (A) by inserting "(1)" after "(a)"; (B) by inserting "paragraph (2) of this subsection and" before "subsection (i) of this section '; and (C) by adding at the end thereof the following new paragraphs: "(2)(A) Except as provided in subparagraph (B) of this paragraph, a member who is separated from the service or released from active duty and who— "(i) on the date of his separation from the service or release from active duty, has not served on active duty for a period of time equal to at least 90 percent of the period of time for which he initially enlisted or otherwise initially agreed to serve; or "(ii) IS separated from the service or released from active duty under other than honorable conditions, as determined by the Secretary concerned; may be provided transportation under this subsection for his dependents only by transportation in kind by the least expensive mode of transportation available or by a monetary allowance that does not exceed the cost to the Government of such transportation in kind. "(B) Subparagraph (A) of this paragraph does not apply to a member— "(i) who is retired, or is placed on the temporary disability retired list, under chapter 61 of title 10; "(ii) who is separated from the service or released from active duty for a medical condition affecting the member, as determined by the Secretary concerned; "(iii) who is separated from the service or relesised from active duty because the period of time for which the member initially enlisted or otherwise initially agreed to serve has been reduced by the Secretary concerned and is separated or released under honorable conditions; or

�