Resilient Networks; Disruptions to Communications; Correction, 32373 [2024-08646]
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Federal Register / Vol. 89, No. 82 / Friday, April 26, 2024 / Rules and Regulations
Manual for Courts-Martial United States
would not include a dishonorable
discharge or confinement for longer
than one year if tried by general courtmartial.
(e) Compelling circumstances
exception. The bar to benefits for
prolonged AWOL under paragraph (c)(6)
of this section and the two types of
misconduct described in paragraph
(d)(2) of this section will not be applied
if compelling circumstances mitigate the
AWOL or misconduct at issue. The
following factors will be considered in
a determination on this matter:
(1) Length and character of service
exclusive of the period of prolonged
AWOL or misconduct. Service exclusive
of the period of prolonged AWOL or
misconduct should generally be of such
quality and length that it can be
characterized as honest, faithful, and
meritorious and of benefit to the Nation.
(2) Reasons for prolonged AWOL or
misconduct. Factors considered are as
follows:
(i) Mental or cognitive impairment at
the time of the prolonged AWOL or
misconduct, to include but not limited
to a clinical diagnosis of (or evidence
that could later be medically
determined to demonstrate existence of)
posttraumatic stress disorder (PTSD),
depression, bipolar disorder,
schizophrenia, substance use disorder,
attention deficit hyperactivity disorder
(ADHD), impulsive behavior, or
cognitive disabilities.
(ii) Physical health, to include
physical trauma and any side effects of
medication.
(iii) Combat-related or overseasrelated hardship.
(iv) Sexual abuse/assault.
(v) Duress, coercion, or desperation.
(vi) Family obligations or comparable
obligations to third parties.
(vii) Age, education, cultural
background, and judgmental maturity.
(3) Whether a valid legal defense
would have precluded a conviction for
AWOL or misconduct under the
Uniform Code of Military Justice. For
purposes of this paragraph (e)(3), the
defense must go directly to the
substantive issue of absence or
misconduct rather than to procedures,
technicalities, or formalities.
(f) Board of corrections upgrade.
* * *
(g) Discharge review board upgrades
prior to October 8, 1977. An honorable
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or general discharge issued prior to
October 8, 1977, under authority other
than that listed in paragraphs (i)(1)
through (3) of this section by a discharge
review board established under 10
U.S.C. 1553, sets aside any bar to
benefits imposed under paragraph (c) or
(d) of this section except the bar
contained in paragraph (c)(2) of this
section.
(h) Discharge review board upgrades
on or after October 8, 1977. An
honorable or general discharge issued
on or after October 8, 1977, by a
discharge review board established
under 10 U.S.C. 1553, sets aside a bar
to benefits imposed under paragraph (d)
of this section, but not under paragraph
(c) of this section, provided that:
*
*
*
*
*
(i) Special review board upgrades.
Under 38 U.S.C. 5303(e), unless a
discharge review board established
under 10 U.S.C. 1553 determines on an
individual case basis that the discharge
would be upgraded under uniform
standards meeting the requirements set
forth in paragraph (h) of this section, an
honorable or general discharge awarded
under one of the following programs
does not remove any bar to benefits
imposed under this section:
*
*
*
*
*
(j) Overpayments after October 8,
1977, due to discharge review board
upgrades. No overpayments shall be
created as a result of payments made
after October 8, 1977, based on an
upgraded honorable or general
discharge issued under one of the
programs listed in paragraph (i) of this
section which would not be awarded
under the standards set forth in
paragraph (h) of this section. Accounts
in payment status on or after October 8,
1977, shall be terminated the end of the
month in which it is determined that
the original other than honorable
discharge was not issued under
conditions other than dishonorable
following notice from the appropriate
discharge review board that the
discharge would not have been
upgraded under the standards set forth
in paragraph (h) of this section, or April
7, 1978, whichever is the earliest.
Accounts in suspense (either before or
after October 8, 1977) shall be
terminated on the date of last payment
or April 7, 1978, whichever is the
earliest.
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32373
(k) Overpayments after October 8,
1977, based on application of AWOL
statutory bar. * * *
(Authority: 38 U.S.C. 101, 501, and 5303)
*
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[FR Doc. 2024–09012 Filed 4–25–24; 8:45 am]
BILLING CODE 8320–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 4
[PS Docket Nos. 21–346, 15–80; ET Docket
No. 04–35; FCC 24–5; FR ID 214797]
Resilient Networks; Disruptions to
Communications; Correction
Federal Communications
Commission.
ACTION: Final rule; correction.
AGENCY:
The Federal Communications
Commission published a document in
the Federal Register on April 11, 2024,
containing the effective and compliance
dates for a new rule. While the DATES
section at the beginning of the
document was correct, Section E of the
document, ‘‘Timelines for Compliance,’’
requires a correction.
DATES: Effective April 26, 2024.
FOR FURTHER INFORMATION CONTACT:
Scott Cinnamon, Attorney Advisor,
202–418–2319.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Federal Register Correction
In rule document 2024–07402 at 89
FR 25535 in the issue of April 11, 2024,
on page 25541, in the second column,
the first sentence of Section E,
‘‘Timelines for Compliance,’’ is
corrected to read as follows:
We set a single date for compliance by
all subject providers for implementing
these rules as the later of 30 days after
the FCC publishes notice in the Federal
Register that the OMB has completed its
review of Paperwork Reduction Act
requirements, or November 30, 2024.
Dated: April 17, 2024.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the
Secretary.
[FR Doc. 2024–08646 Filed 4–25–24; 8:45 am]
BILLING CODE 6712–01–P
E:\FR\FM\26APR1.SGM
26APR1
]]>Agencies
[Federal Register Volume 89, Number 82 (Friday, April 26, 2024)]
[Rules and Regulations]
[Page 32373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08646]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 4
[PS Docket Nos. 21-346, 15-80; ET Docket No. 04-35; FCC 24-5; FR ID
214797]
Resilient Networks; Disruptions to Communications; Correction
AGENCY: Federal Communications Commission.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission published a document in
the Federal Register on April 11, 2024, containing the effective and
compliance dates for a new rule. While the DATES section at the
beginning of the document was correct, Section E of the document,
``Timelines for Compliance,'' requires a correction.
DATES: Effective April 26, 2024.
FOR FURTHER INFORMATION CONTACT: Scott Cinnamon, Attorney Advisor, 202-
418-2319.
SUPPLEMENTARY INFORMATION:
Federal Register Correction
In rule document 2024-07402 at 89 FR 25535 in the issue of April
11, 2024, on page 25541, in the second column, the first sentence of
Section E, ``Timelines for Compliance,'' is corrected to read as
follows:
We set a single date for compliance by all subject providers for
implementing these rules as the later of 30 days after the FCC
publishes notice in the Federal Register that the OMB has completed its
review of Paperwork Reduction Act requirements, or November 30, 2024.
Dated: April 17, 2024.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2024-08646 Filed 4-25-24; 8:45 am]
BILLING CODE 6712-01-P
