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38 U.S.C. § 3018A — Opportunity for certain active-duty personnel to enroll before being involuntarily separated from service

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3018A — Opportunity for certain active-duty personnel to enroll before being involuntarily separated from service

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File SHA-256: 794e531f31f513b588d2334ad485a6623c2b75023f7e65a1c299c714d8d1990d. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

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Stable record: federal_law:legal_authorities:record_usc_774e7dff0565ca8c85ed1b14
Source file: Laws/federal/codes/united-states-code/title-38/section-3018a-opportunity-for-certain-active-duty-personnel-to-enroll-before-being-inv--5f529939c2.md
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Passage SHA-256: 58e734a3805d9c9dd5bf259ad48d3d7d4fd219422b7d05b853459abc825837f7

Source location: Title 38, Chapter 30, § 3018A; chapter-030-all-volunteer-force-educational-assistance-program.md

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**(a)** Notwithstanding any other provision of law, an individual who— (1) after February 2, 1991, is involuntarily separated (as such term is defined in [section 1141 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1141&num=0&edition=prelim)) with an honorable discharge; (2) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree; (3) in the case of any individual who has made an election under section 3011(c)(1) or 3012(d)(1) of this title, withdraws such election before such separation pursuant to procedures which the Secretary of each military department shall provide in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Homeland Security shall provide for such purpose with respect to the Coast Guard when it is not operating as a service in the Navy; (4) in the case of any person enrolled in the educational benefits program provided by chapter 32 of this title makes an irrevocable election, pursuant to procedures referred to in paragraph (3), before such separation to receive benefits under this section in lieu of benefits under such chapter 32; and (5) before such separation elects to receive assistance under this section pursuant to procedures referred to in paragraph (3), is entitled to basic educational assistance under this chapter. **(b)** The basic pay of an individual described in subsection (a) shall be reduced by $1,200. **(c)** A withdrawal referred to in subsection (a)(3) is irrevocable. **(d)** (1) Except as provided in paragraph (3), an individual who is enrolled in the educational benefits program provided by chapter 32 of this title and who makes the election described in subsection (a)(4) shall be disenrolled from such chapter 32 program as of the date of such election. (2) For each individual who is disenrolled from such program, the Secretary shall refund— (A) as provided in [section 3223(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3223/b&num=0&edition=prelim), to the individual the unused contributions made by the individual to the Post-Vietnam Era Veterans Education Account established pursuant to [section 3222(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3222/a&num=0&edition=prelim); and (B) to the Secretary of Defense the unused contributions (other than contributions made under [section 3222(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3222/c&num=0&edition=prelim)) made by such Secretary to the Account on behalf of such individual. (3) Any contribution made by the Secretary of Defense to the Post-Vietnam Era Veterans Education Account pursuant to subsection (c) of [section 3222 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3222&num=0&edition=prelim) on behalf of any individual referred to in paragraph (1) shall remain in such Account to make payments of benefits to such individual under [section 3015(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3015/f&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3222 — Contributions; matching fund

**(a)** Except as provided in subsections (c) and (d) of this section, each person electing to participate in the program shall agree to have a monthly deduction made from such person’s military pay. Such monthly deduction shall be in any amount not less than $25 nor more than $100 except that the amount must be divisible by 5. Any such amount contributed by the participant or contributed by the Secretary of Defense pursuant to subsection (c) of this section shall be deposited in a deposit fund account entitled the “Post-Vietnam Era Veterans Education Account” (hereinafter in this chapter referred to as the “fund”) to be established in the Treasury of the United States. Contributions made by the participant shall be limited to a maximum of $2,700. **(b)** Except as otherwise provided in this chapter, each monthly contribution made by a participant under subsection (a) shall entitle the participant to matching funds from the Department of Defense at the rate of $2 for each $1 contributed by the participant. **(c)** The Secretary of Defense is authorized to contribute to the fund of any participant such contributions as the Secretary of Defense deems necessary or appropriate to encourage persons to enter or remain in the Armed Forces, including contributions in lieu of, or to reduce the amount of, monthly deductions under subsection (a) of this section. The Secretary of Defense is authorized to issue such rules and regulations as the Secretary of Defense deems necessary or appropriate to implement the provisions of this subsection. **(d)** Subject to the maximum contribution prescribed by subsection (a) of this section, a participant shall be permitted, while serving on active duty, to make a lump-sum contribution to the fund. A lump-sum contribution to the fund by a p

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3222

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1141 — Involuntary separation defined

A member of the armed forces shall be considered to be involuntarily separated for purposes of this chapter if the member was on active duty or full-time National Guard duty on September 30, 1990, or after November 29, 1993, or, with respect to a member of the Coast Guard, if the member was on active duty in the Coast Guard after September 30, 1994, and— (1) in the case of a regular officer (other than a retired officer), the officer is involuntarily discharged under other than adverse conditions, as characterized by the Secretary concerned; (2) in the case of a reserve officer who is on the active-duty list or, if not on the active-duty list, is on full-time active duty (or in the case of a member of the National Guard, full-time National Guard duty) for the purpose of organizing, administering, recruiting, instructing, or training the reserve components, the officer is involuntarily discharged or released from active duty or full-time National Guard (other than a release from active duty or full-time National Guard duty incident to a transfer to retired status) under other than adverse conditions, as characterized by the Secretary concerned; (3) in the case of a regular enlisted member serving on active duty, the member is (A) denied reenlistment, or (B) involuntarily discharged under other than adverse conditions, as characterized by the Secretary concerned; (4) in the case of a reserve enlisted member who is on full-time active duty (or in the case of a member of the National Guard, full-time National Guard duty) for the purpose of organizing, administering, recruiting, instructing, or training the reserve components, the member (A) is denied reenlistment, or (B) is involuntarily discharged or released from active duty (or full-time National Guard) under other t

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1141

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1142 — Preseparation counseling; transmittal of certain records to Department of Veterans Affairs

**(a) Requirement.—** (1) Within the time periods specified in paragraph (3), the Secretary concerned shall (except as provided in paragraph (4)) provide for individual preseparation counseling of each member of the armed forces whose discharge (regardless of character of discharge) or release from active duty is anticipated as of a specific date. A notation of the provision of such counseling with respect to each matter specified in subsection (b), signed by the member, shall be placed in the service record of each member receiving such counseling. (2) (A) In carrying out this section, the Secretary concerned shall use the services available under [section 1144 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1144&num=0&edition=prelim). (B) Preseparation counseling may be provided in person to the extent practicable. If the Secretary concerned determines that it is infeasible for a member to attend such counseling in person, such member may receive such counseling remotely, with online access to modules and reading materials. (3) (A) In the case of an anticipated retirement, preseparation counseling shall commence as soon as possible during the 24-month period preceding the anticipated retirement date. In the case of a separation other than a retirement, preseparation counseling shall commence not later than 365 days before the anticipated date. Except as provided in subparagraph (B), in no event shall preseparation counseling commence later than 365 days before the date of retirement or other separation. (B) In the event that a retirement or other separation is unanticipated until there are 365 or fewer days before the anticipated retirement or separation date, or in the event a member of a reserve component is

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1142

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3011 — Basic educational assistance entitlement for service on active duty

**(a)** Except as provided in subsection (c) of this section, each individual— (1) who— (A) during the period beginning July 1, 1985, and ending September 30, 2030, first becomes a member of the Armed Forces or first enters on active duty as a member of the Armed Forces and— (i) who (I) in the case of an individual whose obligated period of active duty is three years or more, serves at least three years of continuous active duty in the Armed Forces, or (II) in the case of an individual whose obligated period of active duty is less than three years, serves at least two years of continuous active duty in the Armed Forces; or (ii) who serves in the Armed Forces and is discharged or released from active duty (I) for a service-connected disability, by reason of a sole survivorship discharge (as that term is defined in [section 1174(i) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174/i&num=0&edition=prelim)), for a medical condition which preexisted such service on active duty and which the Secretary determines is not service connected, for hardship, or for a physical or mental condition that was not characterized as a disability and did not result from the individual’s own willful misconduct but did interfere with the individual’s performance of duty, as determined by the Secretary of each military department in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy; (II) for the convenience of the Government, if, in the case of an individual with an obligated period of service of two years, the individual completes not less than 20 months of continuous active duty under that period o

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3011

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3018A — Opportunity for certain active-duty per-

Page 668 TITLE 38—VETERANS’ BENEFITS § 3018A Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–368 effective Oct. 1, 1998, see section 203(b) of Pub. L. 105–368, set out as a note under section 3011 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–568, title III, § 309(b), Oct. 29, 1992, 106 Stat. 4329, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect as if enacted on December 1, 1988.’’ EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–86, title V, § 506(b), Aug. 14, 1991, 105 Stat. 426, provided that the amendment made by section 506(b)(2) is effective as of Dec. 18, 1989. § 3018A. Opportunity for certain active-duty per- sonnel to enroll before being involuntarily separated from service (a) Notwithstanding any other provision of law, an individual who— (1) after February 2, 1991, is involuntarily separated (as such term is defined in section 1141 of title 10) with an honorable discharge; (2) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency cer- tificate) or has successfully completed (or oth- erwise received academic credit for) the equiv- alent of 12 semester hours in a program of edu- cation leading to a standard college degree; (3) in the case of any individual who has made an election under section 3011(c)(1) or 3012(d)(1) of this title, withdraws such election before such separation pursuant to proced

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3018A

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