§ 3018. Opportunity for certain active-duty personnel to withdraw election not to enroll

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   Veterans’ Benefits and Programs Improvement Act of 1988

   Pub. L. 100–689 title I § 103(a) · 102 Stat. 4161

   Enacted · 38 U.S.C. § 3018

   Added Pub. L. 100–689, title I, § 103(a), Nov. 18, 1988, 102 Stat. 4164, § 1418

   Source evidence

   Code source credit
   Added Pub. L. 100–689, title I, § 103(a), Nov. 18, 1988, 102 Stat. 4164, § 1418

   Enacted provision · exact public law section
   (a) In General.— Subchapter II of chapter 30 is amended by adding at the end the following new section (after the section added by section 101(a) of this Act): “§ 1418. Opportunity for certain active-duty personnel to withdraw election not to enroll “(a) Notwithstanding any other provision of this chapter, during the period beginning December 1, 1988, and ending June 30, 1989 (hereinafter in this section referred to as the ‘open period’), an individual who— “(1) first became a member of the Armed Forces or first entered on active duty as a member of the Armed Forces during the period beginning July 1, 1985, and ending June 30, 1988; “(2) has continuously served on active duty without a break in service since the date the individual first became such a member or first entered on active duty as such a member; and “(3) is serving on active duty during the open period, shall have the opportunity, in accordance with this section and on such form as the Secretary shall prescribe, to withdraw an election made under section 1411(c)(1) or 1412(d)(1) of this title not to receive educational assistance under this chapter. “(b) An individual described in clauses (1) through (3) of subsection (a) of this section who made an election under section 1411(c)(1) or 1412(d)(1) of this title and who— “(1) while serving on active duty during the open period, makes a withdrawal of such an election; “(2) continues to serve the period of service which, at the beginning of the open period, such individual was obligated to serve; “(3) (A) serves the obligated period of service described in clause (2) of this subsection; “(B) before completing such obligated period of service, is discharged or released from active duty for (i) a service-connected disability, (ii) a medical condition which preexisted such service and which the Administrator determines is not service connected, or (iii) hardship; or “(C) before completing such obligated period of service, is (i) discharged or released from active duty for the convenience of the Government after completing not less than 20 months of such period of service, if such period was less than three years, or 30 months, if such period was at least three years, or (ii) involuntarily discharged or released from active duty for the convenience of the Government as a result of a reduction in force, as determined by the Secretary concerned in accordance with regulations prescribed by the Secretary of Defense; “(4) before completing such obligated period of service, has completed the requirements of a secondary school diploma (or an equivalency certificate); and “(5) upon completion of such obligated period of service— “(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. “(c) The basic pay of an individual withdrawing, under subsection (b)(1) of this section, an election under section 1411(c)(1) or 1412(d)(1) of this title shall be reduced by— “(1) $1,200; or “(2) in the case of an individual described in clause (B) or (C) of subsection (b)(3) of this section whose discharge or release from active duty prevents the reduction of the basic pay of such individual by $1,200, an amount less than $1,200. “(d) A withdrawal under subsection (b)(1) of this section is irrevocable.”.

2. 1989

   Veterans Education and Employment Amendments of 1989

   Pub. L. 101–237 § 423(b)(4)(A) · 103 Stat. 2062

   1. Amended · 38 U.S.C. § 3018(a)

      Pub. L. 101–237, § 423(b)(4)(A), as amended by Pub. L. 102–86

   2. Inserted · 38 U.S.C. § 3018(a)

      Pub. L. 101–237, § 423(b)(4)(A), as inserted “of Defense” after “Secretary” in concluding provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–237, § 423(b)(4)(A), as amended by Pub. L. 102–86, inserted “of Defense” after “Secretary” in concluding provisions.

   Enacted provision · exact public law section
   (A) Sections 1418(a)(3), 1621(c), 1621(e), 1622(a), 1622(d), 1623(b), 1631(a)(2)(C), and 1642.

3. 1989

   Veterans Education and Employment Amendments of 1989

   Pub. L. 101–237 § 423(b)(1)(A) · 103 Stat. 2062

   Substituted · 38 U.S.C. § 3018(b)(3)(B)

   Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator”

   Source evidence

   Code amendment note
   Subsec. (b)(3)(B). Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator”.

   Enacted provision · exact public law section
   (A) by striking out “Administrator” each place it appears (other than in section 1652(b)) and inserting in lieu thereof “Secretary”; and

4. 1991

   Pub. L. 102–16 § 10(a)(2) · 105 Stat. 48

   1. Substituted · 38 U.S.C. § 3018(b)(4)

      Pub. L. 102–16 substituted “service (i)” for “service,”

   2. Added · 38 U.S.C. § 3018(b)(4)

      Pub. L. 102–16 added cl. (ii)

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 102–16 substituted “service (i)” for “service,” and added cl. (ii).

   Enacted provision · exact public law section
   (2) Section 1418(b)(4) is amended— (A) by striking out the comma after “service” and inserting in lieu thereof “(i)”; and (B) by inserting “, or (ii) has successfully completed the equivalent of 12 semester hours in a program of education leading to a standard college degree” before the semicolon.

5. 1991

   Pub. L. 102–83 § 5(a) · 105 Stat. 378

   Changed · 38 U.S.C. § 3018

   Pub. L. 102–83, § 5(a), renumbered section 1418 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(a), renumbered section 1418 of this title as this section.

   Enacted provision · exact public law section
   (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

6. 1991

   Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 3018(a)

   Pub. L. 102–83, § 5(c)(1), substituted “3011(c)(1) or 3012(d)(1)” for “1411(c)(1) or 1412(d)(1)” in concluding provisions

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(c)(1), substituted “3011(c)(1) or 3012(d)(1)” for “1411(c)(1) or 1412(d)(1)” in concluding provisions.

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

7. 1991

   Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 3018(b)

   Pub. L. 102–83, § 5(c)(1), substituted “3011(c)(1) or 3012(d)(1)” for “1411(c)(1) or 1412(d)(1)” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3011(c)(1) or 3012(d)(1)” for “1411(c)(1) or 1412(d)(1)” in introductory provisions.

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

8. 1991

   Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 3018(c)

   Pub. L. 102–83, § 5(c)(1), substituted “3011(c)(1) or 3012(d)(1)” for “1411(c)(1) or 1412(d)(1)” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “3011(c)(1) or 3012(d)(1)” for “1411(c)(1) or 1412(d)(1)” in introductory provisions.

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

9. 1991

   Pub. L. 102–86 title V § 506(b)(2) · 105 Stat. 414

   Changed · 38 U.S.C. § 3018(a)

   Pub. L. 102–86 made technical amendment to directory language of Pub. L. 101–237, § 423(b)(4)(A). See 1989 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–86 made technical amendment to directory language of Pub. L. 101–237, § 423(b)(4)(A). See 1989 Amendment note below.

   Enacted provision · exact public law section
   (2) in paragraph (4)(A), by striking out “1418(a)(3)” and inserting 38 USC 3018. in lieu thereof “1418(a)”.

10. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 title III § 309(a) · 106 Stat. 4320

    Added · 38 U.S.C. § 3018(b)(3)(B)(iv)

    Pub. L. 102–568 added cl. (iv)

    Source evidence

    Code amendment note
    Subsec. (b)(3)(B)(iv). Pub. L. 102–568 added cl. (iv).

    Enacted provision · exact public law section
    (a) Clarification.— Section 3018(b)(3)(B) is amended— (1) by striking out “or (iii)” and inserting in lieu thereof “(iii)”; and (2) by adding before the semicolon at the end the following: Regulations. “, or (iv) 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 Transportation with respect to the Coast Guard when it is not operating as a service of the Navy)”.

11. 1998

    Pub. L. 105–368 title II § 203(a) · 112 Stat. 3315

    Substituted · 38 U.S.C. § 3018(b)(4)(ii)

    Pub. L. 105–368 substituted “successfully completed (or otherwise received academic credit for)” for “successfully completed”

    Source evidence

    Code amendment note
    Subsec. (b)(4)(ii). Pub. L. 105–368 substituted “successfully completed (or otherwise received academic credit for)” for “successfully completed”.

    Enacted provision · exact public law section
    (a) In General.— The following sections of chapter 30 are each amended by striking “successfully completed” each place it appears and inserting “successfully completed (or otherwise received academic credit for)”: sections 3011(a)(2), 3012(a)(2), 3018(b)(4)(ii), 3018A(a)(2), 3018B(a)(2)(B), 3018B(a)(2)(B), and 3018C(a)(3).

12. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 title I § 102(c) · 114 Stat. 1822

    Amended · 38 U.S.C. § 3018(b)(4)

    Pub. L. 106–419 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “before completing such obligated period of service (i) has completed the requirements of a secondary school diploma (or an equivalency certificate), or (ii) 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; and”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 106–419 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “before completing such obligated period of service (i) has completed the requirements of a secondary school diploma (or an equivalency certificate), or (ii) 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; and”.

    Enacted provision · exact public law section
    (c) Withdrawal of Election Not To Enroll.— Paragraph(4) of section 3018(b) is amended to read as follows: “(4) before applying for benefits under this section— “(A) completes the requirements of a secondary school diploma (or equivalency certificate); or “(B) successfully completes (or otherwise receives academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree; and”.

13. 2002

    Homeland Security Act of 2002

    Pub. L. 107–296 title XVII § 1704(d) · 116 Stat. 2135

    Substituted · 38 U.S.C. § 3018(b)(3)(B)(iv)

    Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(B)(iv). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

    Enacted provision · exact public law section
    (d) Title 38, United States Code.— Title 38, United States Code, is amended in sections 101(25)(d), 1560(a), 3002(5), 3002(a)(1)(A)(ii)(I), 3011(a)(1)(A)(ii)(II), 3011(a)(1)(B)(ii)(III), 3011(a)(1)(C)(iii)(II)(cc), 3012(b)(1)(A)(v), 3012(b)(1)(B)(ii)(V), 3018(b)(3)(B)(iv), 3018A(a)(3), 3018B(a)(1)(C), 3018B(a)(2)(C), 3018C(a)(5), 3020(m), 3035(b)(2), 3035(c), 3035(d), 3035(e), 3680A(g), and 6105(c) by striking “of Transportation” each place it appears and inserting “of Homeland Security”.

    Effective date note
    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.

15 of 15 references resolved to an enrolled provision