PRIOR PRINTER'S NO. 1356
PRINTER'S NO. 1370
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1045
Session of
2015
INTRODUCED BY VULAKOVICH, COSTA, BAKER, BREWSTER, FONTANA,
RAFFERTY, SABATINA, YUDICHAK, TARTAGLIONE AND MENSCH,
OCTOBER 23, 2015
SENATOR VULAKOVICH, VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
AS AMENDED, OCTOBER 27, 2015
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in general provisions, providing for
character of discharge.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 51 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 104. Character of discharge.
(a) General rule.--Whenever a particular character of
discharge is a prerequisite to eligibility for receiving a
benefit provided for in this title, an individual must have
received a discharge from service under conditions other than
dishonorable. Recipients of a discharge under conditions other
than dishonorable include the following:
(1) A recipient of an honorable discharge.
(2) A recipient of a general, under honorable
conditions, discharge.
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(3) A recipient of a discharge under other than
honorable conditions for which the recipient has been
determined to be eligible for benefits afforded by the United
States Department of Veterans Affairs.
(4) A RECIPIENT OF A DISCHARGE FOR WHICH BENEFITS ARE
PAYABLE UNDER 38 CFR 3.12 (RELATING TO CHARACTER OF
DISCHARGE).
(b) Exclusions.--A recipient of a discharge under conditions
other than dishonorable does not include a recipient of a
dishonorable, bad conduct or undesirable discharge, or an
uncharacterized discharge such as an entry-level separation. :
(1) A DISHONORABLE, BAD CONDUCT OR UNDESIRABLE
DISCHARGE.
(2) A DISCHARGE OR RELEASE BECAUSE OF ONE OF THE
OFFENSES SPECIFIED IN 38 CFR 3.12(D).
(C) UNCHARACTERIZED SEPARATIONS.--A RECIPIENT OF AN
UNCHARACTERIZED DISCHARGE OR SEPARATION SHALL BE EVALUATED BASED
UPON 38 CFR 3.12(K).
Section 2. This act shall take effect in 60 days.
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