Public Law 89–151

That clause (1) of section 501(a) of title 37, United States Code, is amended to read as follows:

“(1)“(1)

‘Discharge’ means—

“(A)“(A)

in the case of an enlisted member, separation or release from active duty under honorable conditions or appointment as an officer;

#

“(B)“(B)

in the case of an officer, separation or release from active duty under honorable conditions; and

#

“(C)“(C)

in the case of either an officer or an enlisted member, death while on active duty unless the decedent was put to death as lawful punishment for a crime or a military offense;”.

#

#

Sec. 2.

Section 501 (d) of title 37, United States Code, is amended to read as follows:

“(d)“(d)

Payments for unused accrued leave under subsections (b) and (g) of this section, in the case of a member who dies while on active duty or in the case of a member or former member who dies after retirement or discharge and before he receives that payment, shall be made in accordance with section

72 Stat. 1461.

2771 of title 10. In the case of a member who dies while on active duty, payment for unused accrued leave under subsections (b) and (g) of this section shall be based upon the unused accrued leave the member carried forward into the leave year during which he died plus the unusued leave that accrued to him during that leave year. However, the number of days upon which the payment is based may not be more than sixty.”

#

Sec. 3.

Section 701(d) of title 10, United States Code, is repealed.

Sec. 4.

This Act applies only in the case of members who die on or after the date of enactment.