§ 104. Character of discharge.
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/pa/title-51/chapter-1/104A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 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.
(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 discharge under conditions other than dishonorable does not include:
(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).
51c104v
(Dec. 17, 2015, P.L.458, No.82, eff. 60 days)
2015 Amendment. Act 82 added section 104.
Cross References. Section 104 is referred to in section 1301 of Title 16 (Counties).
51c105s