§ 704. Use of leave; regulations

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1962

   Pub. L. 87–649 § 3(1) · 76 Stat. 451

   Enacted · 10 U.S.C. § 704

   Added Pub. L. 87–649, § 3(1), Sept. 7, 1962, 76 Stat. 493

   Source evidence

   Code source credit
   Added Pub. L. 87–649, § 3(1), Sept. 7, 1962, 76 Stat. 493

   Enacted provision · exact public law section
   (1) The following new chapter is inserted after chapter 39: “Chapter 40— Leave “Sec. “701. Entitlement and accumulation. “702. Cadets and midshipmen. “703. Reenlistment leave. “704. Use of leave: regulations. “§ 701. Entitlement and accumulation “(a) A member of an armed force is entitled to leave at the rate of 2½ calendar days for each month of active service, excluding periods of— “(1) absence from duty without leave; “(2) absence over leave; and “(3) confinement as the result of a sentence of a court-martial. Full-time training, or other full-time duty for a period of more than 29 days, performed under section 316, 502, 503, 504, or 505 of title 70A Stat. 605, 610. 32 by a member of the Army National Guard of the United States or the Air National Guard of the United States in his status as a member of the National Guard, and for which he is entitled to pay, is active service for the purposes of this section. “(b) Notwithstanding any other provision of law, a member may not accumulate more than 60 days’ leave. However, leave taken during a fiscal year may be charged to leave accumulated during that fiscal year without regard to this limitation. “(c) A member who retired after August 9, 1946, who is continued on, or is recalled to, active duty, may have his leave which accumulated during his service before retirement carried over to his period of service after retirement. “(d) Leave accumulated under this section does not survive the death of the member during active service. “(e) Leave taken before discharge is considered to be active service. “§ 702. Cadets and midshipmen “(a) Graduates of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, or the Coast Guard Academy who, upon graduation, are appointed in a regular component of an armed force, may, in the discretion of the Secretary concerned, or his designated representative, be granted graduation leave of not more than 60 days. Leave granted under this subsection is in addition to any other leave and may not be deducted from or charged against other leave authorized by this chapter, and must be completed within three months of the date of graduation. Leave under this subsection may not be carried forward as credit beyond the date of reporting to the first permanent duty station or to a port of embarkation for permanent duty outside the United States or in Alaska or Hawaii. “(b) Sections 701, 702(a), 703, and 704 of this chapter do not apply to cadets at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, midshipmen at the United States Naval Academy, or cadets or midshipmen serving elsewhere in the armed forces. The Secretary concerned, or his designated representative, may prescribe regulations relating to leave for cadets and midshipmen. “§ 703. Reenlistment leave “Leave for not more than 90 days may be authorized, in the discretion of the Secretary concerned, or his designated representative, to a member of an armed force who reenlists. Leave authorized under this section shall be deducted from leave accrued during active service before reenlistment or charged against leave that may accrue during future active service, or both. “§ 704. Use of leave; regulations “(a) Under regulations prescribed by the Secretary concerned, or his designated representative, leave may be taken by a member on a calendar-day basis as vacation or absence from duty with pay, annually as accruing, or otherwise. “(b) Regulations prescribed under subsection (a) shall— “(1) provide equal treatment of officers and enlisted members; “(2) establish to the fullest extent practicable uniform policies for the several armed forces; “(3) provide that leave shall be taken annually as accruing to the extent consistent with military requirements and other exigencies; and “(4) provide for the determination of the number of calendar days of leave to which a member is entitled, including the number of calendar days of absence from duty or vacation to be counted or charged against leave.”

2. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 1084(k)(1) · 118 Stat. 1811

   Redesignated · 10 U.S.C. § 704(c)

   Pub. L. 108–375, § 1084(k)(1)–(3), transferred section 363(b) of Pub. L. 104–193 to the end of this section and redesignated it as subsec. (c). See Codification note above

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 108–375, § 1084(k)(1)–(3), transferred section 363(b) of Pub. L. 104–193 to the end of this section and redesignated it as subsec. (c). See Codification note above.

   Enacted provision · exact public law section
   (1) transferred to section 704 of title 10, United States Code;

3. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 1084(k)(4)(A) · 118 Stat. 1811

   1. Substituted · 10 U.S.C. § 704(c)(1)

      Pub. L. 108–375, § 1084(k)(4)(A), (B)(i), in introductory provisions, substituted “Secretary concerned” for “Secretary of each military department, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy,”

   2. Substituted · 10 U.S.C. § 704(c)(1)

      Pub. L. 108–375, § 1084(k)(4)(A), (B)(i), in introductory provisions, substituted “armed forces” for “Armed Forces”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 108–375, § 1084(k)(4)(A), (B)(i), in introductory provisions, substituted “Secretary concerned” for “Secretary of each military department, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy,” and “armed forces” for “Armed Forces”.

   Enacted provision · exact public law section
   (A) by striking “Armed Forces” each place it appears and inserting “armed forces”;

4. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 1084(k)(4)(B)(ii) · 118 Stat. 1811

   Struck · 10 U.S.C. § 704(c)(1)(B)

   Pub. L. 108–375, § 1084(k)(4)(B)(ii), struck out “(as defined in section 101 of title 10, United States Code)” after “contingency operation”

   Source evidence

   Code amendment note
   Subsec. (c)(1)(B). Pub. L. 108–375, § 1084(k)(4)(B)(ii), struck out “(as defined in section 101 of title 10, United States Code)” after “contingency operation”.

   Enacted provision · exact public law section
   (ii) by striking “(as defined in section 101 of title 10, United States Code)”; and

5. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 1084(k)(4)(A) · 118 Stat. 1811

   Substituted · 10 U.S.C. § 704(c)(2)(A); 10 U.S.C. § 704(c)(2)(B)

   Pub. L. 108–375, § 1084(k)(4)(A), substituted “armed forces” for “Armed Forces”

   Source evidence

   Code amendment note
   Subsec. (c)(2)(A), (B). Pub. L. 108–375, § 1084(k)(4)(A), substituted “armed forces” for “Armed Forces”.

   Enacted provision · exact public law section
   (A) by striking “Armed Forces” each place it appears and inserting “armed forces”;

6. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 1084(k)(4)(C)(i) · 118 Stat. 1811

   Substituted · 10 U.S.C. § 704(c)(3)

   Pub. L. 108–375, § 1084(k)(4)(C)(i), substituted “In this subsection:” for “For purposes of this subsection—” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 108–375, § 1084(k)(4)(C)(i), substituted “In this subsection:” for “For purposes of this subsection—” in introductory provisions.

   Enacted provision · exact public law section
   (i) by striking “For purposes of this subsection—” and inserting “In this subsection:”;

7. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 1084(k)(4)(C)(ii) · 118 Stat. 1811

   Substituted · 10 U.S.C. § 704(c)(3)(A)

   Pub. L. 108–375, § 1084(k)(4)(C)(ii), substituted “this title” for “title 10, United States Code”

   Source evidence

   Code amendment note
   Subsec. (c)(3)(A). Pub. L. 108–375, § 1084(k)(4)(C)(ii), substituted “this title” for “title 10, United States Code”.

   Enacted provision · exact public law section
   (ii) in subparagraph (A), by striking “title 10, United States Code” and inserting “this title”; and

8. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 1084(k)(4)(C)(iii) · 118 Stat. 1811

   Substituted · 10 U.S.C. § 704(c)(3)(B)

   Pub. L. 108–375, § 1084(k)(4)(C)(iii), substituted “that term” for “such term”

   Source evidence

   Code amendment note
   Subsec. (c)(3)(B). Pub. L. 108–375, § 1084(k)(4)(C)(iii), substituted “that term” for “such term”.

   Enacted provision · exact public law section
   (iii) in subparagraph (B), by striking “such term” and inserting “that term”.

9 of 9 references resolved to an enrolled provision