§ 706. Administration of leave required to be taken

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. 1981

   Pub. L. 97–81 § 2(b)(1) · 95 Stat. 1085

   Enacted · 10 U.S.C. § 706

   Added Pub. L. 97–81, § 2(b)(1), Nov. 20, 1981, 95 Stat. 1085

   Source evidence

   Code source credit
   Added Pub. L. 97–81, § 2(b)(1), Nov. 20, 1981, 95 Stat. 1085

   Enacted provision · exact public law section
   (1) Chapter 40 of such title is amended by adding at the end thereof the following new sections: “§706. Administration of leave required to be taken pending review of certain court-martial convictions “(a) A period of leave required to be taken under section 876a of this title shall be charged against any accrued leave to the member’s credit on the day before the day such leave begins unless the member elects to be paid for such accrued leave under subsection (b). If the member does not elect to be paid for such accrued leave under subsection (b), or does not have sufficient accrued leave to his credit to cover the total period of leave required to be taken, the leave not covered by accrued leave shall be charged as excess leave. If the member elects to be paid for accrued leave under subsection (b), the total period of leave required to be taken shall be charged as excess leave. “(b) (1) A member who is required to take leave under section 876a of this title and who has accrued leave to his credit on the day before the day such leave begins may elect to be paid for such accrued leave. Any such payment shall be based on the rate of basic pay to which the member was entitled on the day before the day such leave began. If the member does not elect to be paid for such accrued leave, the member is entitled to pay and allowances during the period of accrued leave required to be taken. “(2) Except as provided in paragraph (1) and in section 707 of this title, a member may not accrue or receive pay or allowances during a period of leave required to be taken under section 876a of this title. “(c) (1) A member required to take leave under section 876a of this title is not entitled to any right or benefit under section 2021 of title 38 solely because of employment during the period of such leave. “(2) Section 974 of this title does not apply to a member required to take leave under section 876a of this title during the period of such leave. “§707. Payment upon disapproval of certain court-martial sentences for excess leave required to be taken “(a) A member— “(1) who is required to take leave under section 876a of this title, any period of which is charged as excess leave under section 706(a) of this title; and “(2) whose sentence by court-martial to a dismissal or a dishonorable or bad-conduct discharge is set aside or disapproved by a Court of Military Review under section 866 of this title or by the United States Court of Military Appeals under section 867 of this title, shall be paid, as provided in subsection (b), for the period of leave charged as excess leave, unless a rehearing or new trial is ordered and a dismissal or a dishonorable or bad-conduct discharge is included in the result of the rehearing or new trial and such dismissal or discharge is later executed. “(b) (1) A member entitled to be paid under this section shall be deemed, for purposes of this section, to have accrued pay and allowances for each day of leave required to be taken under section 876a of this title that is charged as excess leave (except any day of accrued leave for which the member has been paid under section 706(b)(1) of this title and which has been charged as excess leave). If the pay grade of the member was reduced to a lower grade as a result of the court-martial sentence (including any reduction in pay grade under section 858a of this title) and such reduction has not been set aside, disapproved, or otherwise vacated, pay and allowances to be paid under this section shall be deemed to have accrued in such lower grade. Otherwise, such pay and allowances shall be deemed to have accrued in the pay grade held by the member on the day before the day on which his court-martial sentence was approved by the convening authority. “(2) Such a member shall be paid the amount of pay and allowances that he is deemed to have accrued, reduced by the total amount of his income from wages, salaries, tips, other personal service income, unemployment compensation, and public assistance benefits from any Government agency during the period he is deemed to have accrued pay and allowances. Except as provided in paragraph (3), such payment shall be made as follows: “(A) Payment shall be made within 60 days from the date of the order setting aside or disapproving the sentence by court-martial to a dismissal or a dishonorable or bad-conduct discharge if no rehearing or new trial has been ordered. “(B) Payment shall be made within 180 days from the date of the order setting aside or disapproving the sentence by court-martial to a dismissal or a dishonorable or bad-conduct discharge if a rehearing or new trial has been ordered but charges have not been referred to a rehearing or new trial within 120 days from the date of that order. “(C) If a rehearing or new trial has been ordered and a dismissal or a dishonorable or bad-conduct discharge is not included in the result of such rehearing or new trial, payment shall be made within 60 days of the date of the announcement of the result of such rehearing or new trial. “(D) If a rehearing or new trial has been ordered and a dismissal or a dishonorable or bad-conduct discharge is included in the result of such rehearing or new trial, but such dismissal or discharge is not later executed, payment shall be made within 60 days of the date of the order which set aside, disapproved, or otherwise vacated such dismissal or discharge. “(3) If a member is entitled to be paid under this section but fails to Extension. provide sufficient information in a timely manner regarding his income when such information is requested under regulations prescribed under subsection (c), the periods of time prescribed in paragraph (2) shall be extended until 30 days after the date on which the member provides the information requested. “(c) This section shall be administered under uniform regulations prescribed by the Secretaries concerned. Such regulations may provide for the method of determining a member’s income during any period the member is deemed to have accrued pay and allowances, including a requirement that the member provide income tax returns and other documentation to verify the amount of his income.”.

2. 1992

   Veterans’ Benefits Act of 1992

   Pub. L. 102–568 title V § 506(c)(5) · 106 Stat. 4320

   Substituted · 10 U.S.C. § 706(c)(1)

   Pub. L. 102–568 substituted “section 4321” for “section 2021”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 102–568 substituted “section 4321” for “section 2021”.

   Enacted provision · exact public law section
   (5) Section 706(c) of title 10, United States Code, is amended by striking out “2021” and inserting in lieu thereof “4321”.

3. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 div. A title X § 1070(e)(1) · 108 Stat. 2663

   Substituted · 10 U.S.C. § 706(c)(1)

   Pub. L. 103–337 substituted “4301” for “4321”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 103–337 substituted “4301” for “4321”.

   Enacted provision · exact public law section
   (1) Section 706(c) is amended by striking out “section 4321” and inserting in lieu thereof “section 4301”.

4. 1994

   Uniformed Services Employment and Reemployment Rights Act of 1994

   Pub. L. 103–353 § 2(b)(3) · 108 Stat. 3149

   1. Substituted · 10 U.S.C. § 706(c)(1)

      Pub. L. 103–353, which directed the amendment of par. (1) by substituting “chapter 43” for “section 4321” . See below

   2. Substituted · 10 U.S.C. § 706(c)(1)

      Pub. L. 103–353, which directed the amendment of par. (1) by substituting “section 4301” for “section 4321” . See below

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 103–353, which directed the amendment of par. (1) by substituting “chapter 43” for “section 4321”, could not be executed because intervening amendment by Pub. L. 103–337 had substituted “section 4301” for “section 4321”. See below.

   Enacted provision · exact public law section
   (3) Amendment to title 5.— Section 706(c)(1) of title 10, United States Code, is amended by striking out “section 4321” and inserting in lieu thereof “chapter 43”.

   Effective date note
   Amendment by Pub. L. 103–353 effective with respect to reemployments initiated on or after the first day after the 60-day period beginning Oct. 13, 1994, with transition rules, see section 8 of Pub. L. 103–353, set out as an Effective Date note under section 4301 of Title 38, Veterans’ Benefits.

5. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 div. A title XV § 1503(a)(7) · 110 Stat. 186

   Substituted · 10 U.S.C. § 706(c)(1)

   Pub. L. 104–106 substituted “chapter 43 of title 38” for “section 4301 of title 38”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 104–106 substituted “chapter 43 of title 38” for “section 4301 of title 38”.

   Enacted provision · exact public law section
   (7) Section 706(c)(1) is amended by striking out “section 4301 of title 38” and inserting in lieu thereof “chapter 43 of title 38”.

6. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   1. Struck · 10 U.S.C. § 706(c)

      Pub. L. 106–398 struck out “(1)” before “A member required”

   2. Struck · 10 U.S.C. § 706(c)

      Pub. L. 106–398 struck out par. (2) which read as follows: “Section 974 of this title does not apply to a member required to take leave under section 876a of this title during the period of such leave.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 106–398 struck out “(1)” before “A member required” and struck out par. (2) which read as follows: “Section 974 of this title does not apply to a member required to take leave under section 876a of this title during the period of such leave.”

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

7. 2002

   Pub. L. 107–314 § 506(c)(2) · 116 Stat. 2458

   Struck · 10 U.S.C. § 706

   Pub. L. 107–314, § 506(c)(2), struck out “pending review of certain court-martial convictions” at end of section catchline

   Source evidence

   Code amendment note
   Pub. L. 107–314, § 506(c)(2), struck out “pending review of certain court-martial convictions” at end of section catchline.

   Enacted provision · exact public law section
   (2) The heading for such section is amended to read as follows: “§ 706. Administration of leave required to be taken”. (d) Clerical Amendments.— The table of sections at the beginning of chapter 40 of such title is amended— (1) by striking the item relating to section 706 and inserting the following: “706. Administration of leave required to be taken.”; and (2) by inserting after the item relating to section 707 the following new item: “707a. Payment upon disapproval of certain board of inquiry recommendations for excess leave required to be taken.”.

8. 2002

   Pub. L. 107–314 § 506(c)(1)(A) · 116 Stat. 2458

   Inserted · 10 U.S.C. § 706(a)

   Pub. L. 107–314, § 506(c)(1)(A), inserted “or 1182(c)(2)” after “section 876a”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 107–314, § 506(c)(1)(A), inserted “or 1182(c)(2)” after “section 876a”.

   Enacted provision · exact public law section
   (A) by inserting “or 1182(c)(2)” after “section 876a” in subsections (a), (b)(1), (b)(2), and (c); and

9. 2002

   Pub. L. 107–314 § 506(c)(1) · 116 Stat. 2458

   1. Inserted · 10 U.S.C. § 706(b)

      Pub. L. 107–314, § 506(c)(1), inserted “or 1182(c)(2)” after “section 876a” in pars. (1) and (2)

   2. Substituted · 10 U.S.C. § 706(b)

      Pub. L. 107–314, § 506(c)(1), substituted “sections 707 and 707a” for “section 707” in par. (2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 107–314, § 506(c)(1), inserted “or 1182(c)(2)” after “section 876a” in pars. (1) and (2) and substituted “sections 707 and 707a” for “section 707” in par. (2).

   Enacted provision · exact public law section
   (1) Section 706 of such title is amended— (A) by inserting “or 1182(c)(2)” after “section 876a” in subsections (a), (b)(1), (b)(2), and (c); and (B) by striking “section 707” in subsection (b)(2) and inserting “sections 707 and 707a”.

10. 2002

    Pub. L. 107–314 § 506(c)(1)(A) · 116 Stat. 2458

    Inserted · 10 U.S.C. § 706(c)

    Pub. L. 107–314, § 506(c)(1)(A), inserted “or 1182(c)(2)” after “section 876a”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–314, § 506(c)(1)(A), inserted “or 1182(c)(2)” after “section 876a”.

    Enacted provision · exact public law section
    (A) by inserting “or 1182(c)(2)” after “section 876a” in subsections (a), (b)(1), (b)(2), and (c); and

13 of 13 references resolved to an enrolled provision