Page:United States Statutes at Large Volume 97.djvu/671

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PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 639

    • § 430. Travel and transportation: dependent children of members 37 USC 430.

stationed overseas "(a) Under regulations to be prescribed by the Secretary of Regulations. Defense, a member of a imiformed service who— "(1) is assigned a permanent duty station outside the United States, "(2) is accompanied by his dependents at or near his oversea duty station (unless his only dependents are in the cat^ory of dependent described in clause (3) of this subsection), and "(3) has a dependent child who is under 23 years of age attending a school in the United States for the purpose of obtaining a secondary or undergraduate college education, may be paid the allowance set forth in subsection (b) of this section if he otherwise qualifies for such allowance. "(b) A member described in subsection (a) of this section may be paid a transportation allowance for each unmarried dependent child, who is under 23 years of age and is attending a school in the United States for the purpose of obtaining a secondary or under- graduate college education, of one annual trip between the school being attended and the member's duty station in the oversea area and return. The allowance authorized by this section may be trans- portation in kind or reimbursement therefor, as prescribed by the Secretaries concerned. However, the transportation authorized by this section may not be paid a member for a child attending a school in the United States for the purpose of obtaining a secondary education if the child is eligible to attend a secondary school for dependents that is located at or in the vicinity of the duty station of the member and is operated under the Defense Dependents' Educa- tion Act of 1978. 20 USC 921 note. "(c) Whenever possible, the Military Airlift Command or Military Seal^ Command shall be used, on a space-required basis, for the travel authorized by this section. ". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "430. Travel and transportation: dependent children of members stationed over- seas.". (b) Section 430 of title 37, United States Code, as added by 37 USC 430 note. subsection (a), shall apply only with respect to travel begun after September 30, 1983. CLARIFICATION OF ELIGIBILITY FOR SEPARATION PAY SEC. 911. (a) Subsection (c) of section 1174 of title 10, United States Code, is amended to read as follows: "(c)(1) Except as provided in paragraphs (2) and (3), a member of an armed force other than a regular member who after Septem- ber 14, 1981, is discharged or released from active duty and who has completed five or more, but fewer than 20, years of active service immediately before that discharge or release is entitled to separa- tion pay computed under subsection (d)(1) or (d)(2), as determined by the Secretary concerned, if— "(A) the member's discharge or release from active duty is involuntary; or "(B) the member was not accepted for an additional tour of active duty for which he volunteered.