Page:United States Statutes at Large Volume 98 Part 3.djvu/183

 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2555

vidual who completed not less than 20 months of active duty, if the initial obligated period of active duty of the individual was less than three years, or in the case of an individual who completed not less than 30 months of active duty if the initial obligated period of active duty of the individual was at least three years; or "(B) as of December 31, 1989, is eligible for educational assistance benefits under chapter 34 of this title and with- 38 USC 1651 out a break in service on active duty since December 31, etseq. 1976, and— "(i) after June 30, 1985, serves at least three years of continuous active duty in the Armed Forces; or "(ii) after June 30, 1985, is discharged or released from active duty (I) for a service-connected disability or for hardship, or (II) for the convenience of the Government, if the individual completed not less than 30 months of active duty after that date; "(2) who, before completion of the service described in clause (1) of this subsection, has received a secondary school diploma (or an equivalency certificate); and "(3) who, after completion of the service described in clause (1) of this subsection— "(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list; "(B) continues on active duty; or "(C) is released from active duty for further service in a reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service; is entitled to basic educational assistance under this chapter. "(b) The basic pay of any individual described in subsection (a)(l)(A) of this section who does not make an election under subsection (c)(1) of this section shall be reduced by $100 for each of the first 12 months that such individual is entitled to such pay. Amounts withheld from basic pay under this subsection shall revert to the Treasury. "(c)(1) An individual described in subsection (a)(1)(A) of this section may make an election not to receive educational assistance under this chapter. Any such election shall be made at the time the individual initially enters on active duty as a member of the Armed Forces. Any individual who makes such an election is not entitled to educational assistance under this chapter. "(2) An individual who after December 31, 1976, receives a commission as an officer in the Armed Forces upon graduation from the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, or the Coast Guard Academy or upon completion of a program of educational assistance under section 2107 of title 10 is not eligible for educational assistance under 10 USC 2107. this section. "§ 1412. Basic educational assistance entitlement for service in the 38 USC 1412. Selected Reserve "(a) Except as provided in subsection (c) of this section, each individual— "(1) who—

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