US (United States) Code. Title 10. Subtitle A. Part II. Chapter 40: Leave

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 40 - LEAVE 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 40 - LEAVE

.

-HEAD-

CHAPTER 40 - LEAVE

-MISC1-

Sec.

701. Entitlement and accumulation.

702. Cadets and midshipmen.

703. Reenlistment leave.

704. Use of leave; regulations.

705. Rest and recuperative absence: qualified enlisted members

extending duty at designated locations overseas.

706. Administration of leave required to be taken.

707. Payment upon disapproval of certain court-martial sentences

for excess leave required to be taken.

707a. Payment upon disapproval of certain board of inquiry

recommendations for excess leave required to be taken.

708. Educational leave of absence.

709. Emergency leave of absence.

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title V, Sec. 506(d), 572(b),

574(b)(2)(B), Dec. 2, 2002, 116 Stat. 2536, 2558, substituted

''Rest and recuperation absence: qualified enlisted members

extending duty at designated locations overseas'' for ''Rest and

recuperative absence for qualified enlisted members extending duty

at designated locations overseas'' in item 705, added items 706,

707a, and 709, and struck out former item 706 ''Administration of

leave required to be taken pending review of certain court-martial

convictions''.

1984 - Pub. L. 98-525, title VII, Sec. 707(a)(2), Oct. 19, 1984,

98 Stat. 2572, added item 708.

1981 - Pub. L. 97-81, Sec. 2(b)(2), Nov. 20, 1981, 95 Stat. 1087,

added items 706 and 707.

1980 - Pub. L. 96-579, Sec. 5(b)(2), Dec. 23, 1980, 94 Stat.

3367, added item 705.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 33 section 3071.

-CITE-

10 USC Sec. 701 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 40 - LEAVE

-HEAD-

Sec. 701. Entitlement and accumulation

-STATUTE-

(a) A member of an armed force is entitled to leave at the rate

of 2 1/2 calendar days for each month of active service, excluding

periods of -

(1) absence from duty without leave;

(2) absence over leave;

(3) confinement as the result of a sentence of a court-martial;

and

(4) leave required to be taken under section 876a of this

title.

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 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) Except as provided in subsection (f) and subsection (g), 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) Repealed. Pub. L. 89-151, Sec. 3, Aug. 28, 1965, 79 Stat.

586.)

(e) Leave taken before discharge is considered to be active

service.

(f)(1) Under uniform regulations to be prescribed by the

Secretary concerned, and approved by the Secretary of Defense, a

member who serves on active duty for a continuous period of at

least 120 days in an area in which he is entitled to special pay

under section 310(a) of title 37 or a member assigned to a

deployable ship, mobile unit, or to other duty designated for the

purpose of this section, may accumulate 90 days' leave. Except as

provided in paragraph (2), leave in excess of 60 days accumulated

under this subsection is lost unless it is used by the member

before the end of the third fiscal year after the fiscal year in

which the service terminated.

(2) Under the uniform regulations referred to in paragraph (1), a

member of an armed force who serves on active duty in a duty

assignment in support of a contingency operation during a fiscal

year and who, except for this paragraph -

(A) would lose any accumulated leave in excess of 60 days at

the end of that fiscal year, shall be permitted to retain such

leave (not to exceed 90 days) until the end of the succeeding

fiscal year; or

(B) would lose any accumulated leave in excess of 60 days at

the end of the succeeding fiscal year (other than by reason of

subparagraph (A)), shall be permitted to retain such leave (not

to exceed 90 days) until the end of the next succeeding fiscal

year.

(g) A member who is in a missing status, as defined in section

551(2) of title 37, accumulates leave without regard to the 60-day

limitation in subsection (b) and the 90-day limitation in

subsection (f). Notwithstanding the death of a member while in a

missing status, he continues to earn leave through the date -

(1) the Secretary concerned receives evidence that the member

is dead; or

(2) that his death is prescribed or determined under section

555 of title 37.

Leave accumulated while in missing status shall be accounted for

separately. It may not be taken, but shall be paid for under

section 501(h) of title 37. However, a member whose death is

prescribed or determined under section 555 or 556 of title 37 may,

in addition to leave accrued before entering a missing status,

accrue not more than 150 days' leave during the period he is in a

missing status, unless his actual death occurs on a date when, had

he lived, he would have accrued leave in excess of 150 days, in

which event settlement will be made for the number of days accrued

to the actual date of death. Leave so accrued in a missing status

shall be accounted for separately and paid for under the provisions

of section 501 of title 37.

(h) A member who has taken leave in excess of that authorized by

this section and who is being discharged or released from active

duty for the purpose of accepting an appointment or a warrant in an

armed force, or of entering into an enlistment or an extension of

an enlistment in an armed force, may elect to have excess leave of

up to 30 days or the maximum number of days of leave that could be

earned in the new term of service, whichever is less, carried over

to that new term of service to count against leave that will accrue

on the new term of service. A member shall be required, at the

time of his discharge or release from active duty, to pay for

excess leave not carried over under this subsection.

-SOURCE-

(Added Pub. L. 87-649, Sec. 3(1), Sept. 7, 1962, 76 Stat. 492;

amended Pub. L. 89-151, Sec. 3, Aug. 28, 1965, 79 Stat. 586; Pub.

L. 90-245, Sec. 1, Jan. 2, 1968, 81 Stat. 782; Pub. L. 92-596, Sec.

1, Oct. 27, 1972, 86 Stat. 1317; Pub. L. 96-579, Sec. 10, Dec. 23,

1980, 94 Stat. 3368; Pub. L. 97-81, Sec. 2(a), Nov. 20, 1981, 95

Stat. 1085; Pub. L. 98-94, title X, Sec. 1031(a), Sept. 24, 1983,

97 Stat. 671; Pub. L. 98-525, title XIV, Sec. 1405(18), Oct. 19,

1984, 98 Stat. 2622; Pub. L. 99-661, div. A, title V, Sec. 506(a),

Nov. 14, 1986, 100 Stat. 3864; Pub. L. 102-190, div. A, title VI,

Sec. 638, Dec. 5, 1991, 105 Stat. 1384.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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701(a) 701(b) 37:31a(a) (1st, 2d, Aug. 9, 1946, ch.

701(c) 701(d) and last 931, Sec. 3(a)

701(e) sentences). (less 4th, 5th,

37:31a(b) (less 6th, and 7th

proviso). 37:31a(a) sentences), (b)

(8th sentence). (less proviso), 60

37:31a(a) (3d Stat. 963; Sept.

sentence). 23, 1950, ch. 998,

37:31a(a) (9th Sec. 1, 64 Stat.

sentence). 978; Aug. 10, 1956,

ch. 1041, Sec. 23,

70A, Stat. 630.

-------------------------------

In subsection (a), the 2d sentence of section 31a(a) of existing

title 37 is omitted as inconsistent with subsection (b).

In subsection (b), the words ''(other than a member on terminal

leave on September 1, 1946)'' and ''at any time after August 31,

1946'' are omitted as executed. The words ''or regulation'' are

omitted, since a regulation cannot override a statute. The words

''or have to his credit'' are omitted as surplusage.

In subsections (b) and (c), the word ''accrued'' is omitted as

covered by the word ''accumulated''.

In subsection (e), the words ''before or after August 9, 1946''

and section 31a(a) (words after semicolon in 9th sentence) of

existing title 37 are omitted as executed.

AMENDMENTS

1991 - Subsec. (f). Pub. L. 102-190 designated existing

provisions as par. (1), substituted ''Except as provided in

paragraph (2), leave'' for ''Leave'' in last sentence, and added

par. (2).

1986 - Subsec. (h). Pub. L. 99-661 added subsec. (h).

1984 - Subsec. (g). Pub. L. 98-525 substituted ''60-day'' for

''sixty-day'', ''90-day'' for ''ninety-day'', and ''150'' for ''one

hundred and fifty'' in two places.

1983 - Subsec. (f). Pub. L. 98-94 substituted ''the end of the

third fiscal year'' for ''the end of the fiscal year''.

1981 - Subsec. (a)(2). Pub. L. 97-81, Sec. 2(a)(1), struck out

''and'' at end of par. (2).

Subsec. (a)(3). Pub. L. 97-81, Sec. 2(a)(2), substituted '';

and'' for a period at end of par. (3).

Subsec. (a)(4). Pub. L. 97-81, Sec. 2(a)(3), added par. (4).

1980 - Subsec. (f). Pub. L. 96-579 authorized accumulation of

leave for service as a member assigned to a deployable ship, mobile

unit, or to other duty designated for the purpose of this section.

1972 - Subsec. (b). Pub. L. 92-596, Sec. 1(1), inserted reference

to subsec. (g).

Subsec. (g). Pub. L. 92-596, Sec. 1(2), added subsec. (g).

1968 - Subsec. (b). Pub. L. 90-245, Sec. 1(1), inserted reference

to subsec. (f).

Subsec. (f). Pub. L. 90-245, Sec. 1(2), added subsec. (f).

1965 - Subsec. (d). Pub. L. 89-151 repealed subsec. (d) which

provided that accumulated leave did not survive the death of a

member during active service.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 1031(b)(1), (2) of Pub. L. 98-94 provided that:

''(1) The amendment made by subsection (a) (amending this

section) shall take effect on the date of the enactment of this Act

(Sept. 24, 1983) and shall apply to leave accumulated under section

701(f) of such title (this title) after September 30, 1980.

''(2) A member of the Armed Forces who was authorized under

section 701(f) of such title to accumulate 90 days' leave during

fiscal year 1980, 1981, or 1982 and lost any leave at the end of

fiscal year 1981, 1982, or 1983, respectively, because of the

provisions of the last sentence of such section, as in effect on

the day before the date of the enactment of this Act, shall be

credited with the amount of the leave lost and may retain leave in

excess of 60 days until (A) September 30, 1984, or (B) the end of

the third fiscal year after the year in which such leave was

accumulated, whichever is later, but in no case may such a member

accumulate leave in excess of 90 days.''

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-81 to take effect at the end of the

60-day period beginning on Nov. 20, 1981, and to apply to each

member whose sentence by court-martial is approved on or after Jan.

20, 1982, under section 864 or 865 of this title by the officer

exercising general court-martial jurisdiction under the provisions

of such section as it existed on the day before the effective date

of the Military Justice Act of 1983 (Pub. L. 98-209), or under

section 860 of this title by the officer empowered to act on the

sentence on or after that effective date, see section 7(a) and

(b)(1) of Pub. L. 97-81, set out as an Effective Date note under

section 706 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 3 of Pub. L. 92-596 provided that: ''The first and second

sections of this Act (amending this section and section 501 of

Title 37, Pay and Allowances of the Uniformed Services) become

effective as of February 28, 1961.''

EFFECTIVE DATE OF 1968 AMENDMENT

Section 2 of Pub. L. 90-245 provided that: ''Section 1 of this

Act (amending this section) applies only to active duty performed

after January 1, 1968.''

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by Pub. L. 89-151 effective only in the case of members

who die on or after Aug. 28, 1965, see section 4 of Pub. L. 89-151,

set out as a note under section 501 of Title 37, Pay and Allowances

of the Uniformed Services.

EFFECTIVE DATE

Section effective Nov. 1, 1962, see section 15 of Pub. L. 87-649,

set out as a note preceding section 101 of Title 37, Pay and

Allowances of the Uniformed Services.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Authority vested by this chapter in ''military departments'',

''the Secretary concerned'', or ''the Secretary of Defense'' to be

exercised, with respect to commissioned officer corps of National

Oceanic and Atmospheric Administration, by Secretary of Commerce or

Secretary's designee, see section 3071 of Title 33, Navigation and

Navigable Waters.

PUBLIC HEALTH SERVICE

Authority vested by this chapter in ''military departments'',

''the Secretary concerned'', or ''the Secretary of Defense'' to be

exercised, with respect to commissioned officers of Public Health

Service, by Secretary of Health and Human Services or his designee,

see section 213a of Title 42, The Public Health and Welfare.

ACCUMULATION OF LEAVE AFTER SEPTEMBER 30, 1980, PURSUANT TO

SUBSECTION (F)

Pub. L. 97-39, title VII, Sec. 702, Aug. 14, 1981, 95 Stat. 943,

provided that: ''The amendment made by section 10 of the Military

Pay and Allowances Benefits Act of 1980 (Public Law 96-579; 94

Stat. 3368) (amending this section) shall apply with respect to the

accumulation of leave by members of the Armed Forces who after

September 30, 1979, are assigned (1) to a deployable ship or mobile

unit, or (2) to other duty designated after the date of the

enactment of this Act (Aug. 14, 1981) as duty qualifying for the

purpose of section 701(f) of title 10, United States Code, as

amended by that amendment.''

For savings provision extending period for which certain accrued

leave under subsec. (f) of this section may be retained by members

of Armed Forces, see section 1115 of Pub. L. 101-510, set out as a

Treatment of Accumulated Leave note under section 501 of Title 37,

Pay and Allowances of the Uniformed Services.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 702, 703 of this title;

title 37 sections 501, 502.

-CITE-

10 USC Sec. 702 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 40 - LEAVE

-HEAD-

Sec. 702. Cadets and midshipmen

-STATUTE-

(a) Graduation Leave. - 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 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) Involuntary Leave Without Pay for Suspended Academy Cadets

and Midshipmen. - (1) Under regulations prescribed under subsection

(d), the Secretary concerned may place an academy cadet or

midshipman on involuntary leave for any period during which the

Superintendent of the Academy at which the cadet or midshipman is

admitted has suspended the cadet or midshipman from duty at the

Academy -

(A) pending separation from the Academy;

(B) pending return to the Academy to repeat an academic

semester or year; or

(C) for other good cause.

(2) A cadet or midshipman placed on involuntary leave under

paragraph (1) is not entitled to any pay under section 203(c) of

title 37 for the period of the leave.

(3) Return of an academy cadet or midshipman to a pay status at

the Academy concerned from involuntary leave status under paragraph

(1) does not restore any entitlement of the cadet or midshipman to

pay for the period of the involuntary leave.

(c) Inapplicable Leave Provisions. - Sections 701, 703, and 704

of this title and subsection (a) do not apply to academy cadets or

midshipmen or cadets or midshipmen serving elsewhere in the armed

forces.

(d) Regulations. - The Secretary concerned, or his designated

representative, may prescribe regulations relating to leave for

cadets and midshipmen.

(e) Definition. - In this section, the term ''academy cadet or

midshipman'' means -

(1) a cadet of the United States Military Academy;

(2) a midshipman of the United States Naval Academy;

(3) a cadet of the United States Air Force Academy; or

(4) a cadet of the United States Coast Guard Academy.

-SOURCE-

(Added Pub. L. 87-649, Sec. 3(1), Sept. 7, 1962, 76 Stat. 492;

amended Pub. L. 96-513, title V, Sec. 511(20), Dec. 12, 1980, 94

Stat. 2921; Pub. L. 103-160, div. A, title V, Sec. 532, Nov. 30,

1993, 107 Stat. 1657; Pub. L. 105-261, div. A, title V, Sec. 562,

Oct. 17, 1998, 112 Stat. 2027; Pub. L. 106-398, Sec. 1 ((div. A),

title X, Sec. 1087(a)(3)), Oct. 30, 2000, 114 Stat. 1654,

1654A-290.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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702(a) 37:31a(c). Aug. 9, 1946, ch.

931, Sec. 3(c);

added June 2, 1950,

ch. 217, Sec. 1, 64

Stat. 194.

37:32(f) (last 8 Aug. 9, 1946, ch.

words). 931, Sec. 2(f)

(last 8 words), 60

Stat. 963.

702(b) 37:38 (less Aug. 9, 1946, ch.

applicability to 931, Sec. 10 (less

payment for leave). applicability to

payment for leave);

added Aug. 4, 1947,

ch. 475, Sec. 3

(less applicability

to payment for

leave), 61 Stat.

749.

37:32(f) (last 8 Aug. 9, 1946, ch.

words). 931, Sec. 2(f)

(last 8 words), 60

Stat. 963.

-------------------------------

In subsection (a), the words ''outside the United States or in

Alaska or Hawaii'' are substituted for the words ''outside the

continental limits of the United States'' to conform to the

interpretation of those words in other sections of title 10 and

revised title 37.

In subsections (a) and (b), the words '', or his designated

representative,'' are substituted for the last 8 words of section

32(f) of existing title 37.

AMENDMENTS

2000 - Subsec. (b)(2). Pub. L. 106-398 substituted ''section

203(c)'' for ''section 230(c)''.

1998 - Subsec. (a). Pub. L. 105-261, Sec. 562(c)(1), inserted

heading.

Subsec. (b). Pub. L. 105-261, Sec. 562(a)(3), added subsec. (b).

Former first and second sentences of subsec. (b) redesignated

subsecs. (c) and (d), respectively.

Subsec. (c). Pub. L. 105-261, Sec. 562(a)(2), (b)(1), (c)(2),

redesignated first sentence of subsec. (b) as subsec. (c), inserted

heading, and substituted ''academy cadets or midshipmen'' for

''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,''.

Subsec. (d). Pub. L. 105-261, Sec. 562(a)(1), (c)(3),

redesignated second sentence of subsec. (b) as subsec. (d) and

inserted heading.

Subsec. (e). Pub. L. 105-261, Sec. 562(b)(2), added subsec. (e).

1993 - Subsec. (a). Pub. L. 103-160 struck out ''regular'' before

''component'' in first sentence.

1980 - Subsec. (b). Pub. L. 96-513 substituted ''Sections 701,

703, and 704 of this title and subsection (a)'' for ''Sections 701,

702(a), 703, and 704 of this chapter''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

EFFECTIVE DATE

Section effective Nov. 1, 1962, see section 15 of Pub. L. 87-649,

set out as a note preceding section 101 of Title 37, Pay and

Allowances of the Uniformed Services.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

10 USC Sec. 703 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 40 - LEAVE

-HEAD-

Sec. 703. Reenlistment leave

-STATUTE-

(a) 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.

(b) Under regulations prescribed by the Secretary of Defense, and

notwithstanding subsection (a), a member who is on active duty in

an area described in section 310(a)(2) of title 37 and who, by

reenlistment, extension of enlistment, or other voluntary action,

extends his required tour of duty in that area for at least six

months may be -

(1) authorized not more than thirty days of leave, exclusive of

travel time, at an authorized place selected by the member; and

(2) transported at the expense of the United States to and from

that place.

Leave under this subsection may not be charged or credited to leave

that accrued or that may accrue under section 701 of this title.

The provisions of this subsection shall be effective only in the

case of members who extend their required tours of duty on or

before June 30, 1973.

-SOURCE-

(Added Pub. L. 87-649, Sec. 3(1), Sept. 7, 1962, 76 Stat. 493;

amended Pub. L. 89-735, Nov. 2, 1966, 80 Stat. 1163; Pub. L.

90-330, June 5, 1968, 82 Stat. 170; Pub. L. 91-302, July 2, 1970,

84 Stat. 368; Pub. L. 92-481, Oct. 9, 1972, 86 Stat. 795.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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703 37:31a(a) (4th and Aug. 9, 1946, ch.

7th sentences). 931, Sec. 3(a) (4th

and 7th sentences),

60 Stat. 963.

37:32(f) (last 8 Aug. 9, 1946, ch.

words) 931, Sec. 2(f)

(last 8 words), 60

Stat. 963.

-------------------------------

The 4th sentence of section 31a(a) of existing title 37 is

omitted as executed. The words '', or his designated

representative,'' are substituted for the last 8 words of section

32(f) of existing title 37.

AMENDMENTS

1972 - Subsec. (b). Pub. L. 92-481 substituted ''June 30, 1973''

for ''June 30, 1972''.

1970 - Subsec. (b). Pub. L. 91-302 substituted ''June 30, 1972''

for ''June 30, 1970''.

1968 - Subsec. (b). Pub. L. 90-330 substituted ''June 30, 1970''

for ''June 30, 1968''.

1966 - Pub. L. 89-735 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE

Section effective Nov. 1, 1962, see section 15 of Pub. L. 87-649,

set out as a note preceding section 101 of Title 37, Pay and

Allowances of the Uniformed Services.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 702 of this title.

-CITE-

10 USC Sec. 704 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 40 - LEAVE

-HEAD-

Sec. 704. Use of leave; regulations

-STATUTE-

(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.

-SOURCE-

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

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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704(a) 704(b) 37:31a(a) (5th Aug. 9, 1946, ch.

sentence). 391, Sec. 3(a) (5th

37:31a(a) (6th and 6th sentences),

sentence). 4(e), 60 Stat. 963;

37:33(e). 37:32(f) Aug. 4, 1947, ch.

(last 8 words). 475, Sec. 1 (5th

par.), 61 Stat.

749. Aug. 9, 1946,

ch. 931, Sec. 2(f)

(last 8 words), 60

Stat. 963.

-------------------------------

In subsection (a), the 1st 18 words of the 5th sentence of

section 31a(a) of existing title 37 are omitted as executed. The

words '', or his designated representative,'' are substituted for

the last 8 words of section 32(f) of existing title 37.

In subsection (b), 37:33(e) (less 1st sentence) is omitted as

executed.

EFFECTIVE DATE

Section effective Nov. 1, 1962, see section 15 of Pub. L. 87-649,

set out as a note preceding section 101 of Title 37, Pay and

Allowances of the Uniformed Services.

FACILITATING GRANTING OF LEAVE FOR ATTENDANCE AT HEARINGS INVOLVING

PARENTAL SUPPORT OBLIGATIONS

Pub. L. 104-193, title III, Sec. 363(b), Aug. 22, 1996, 110 Stat.

2248, as amended by Pub. L. 107-296, title XVII, Sec.

1704(e)(1)(B), Nov. 25, 2002, 116 Stat. 2315, provided that:

''(1) Regulations. - The 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, shall

prescribe regulations to facilitate the granting of leave to a

member of the Armed Forces under the jurisdiction of that Secretary

in a case in which -

''(A) the leave is needed for the member to attend a hearing

described in paragraph (2);

''(B) the member is not serving in or with a unit deployed in a

contingency operation (as defined in section 101 of title 10,

United States Code); and

''(C) the exigencies of military service (as determined by the

Secretary concerned) do not otherwise require that such leave not

be granted.

''(2) Covered hearings. - Paragraph (1) applies to a hearing that

is conducted by a court or pursuant to an administrative process

established under State law, in connection with a civil action -

''(A) to determine whether a member of the Armed Forces is a

natural parent of a child; or

''(B) to determine an obligation of a member of the Armed

Forces to provide child support.

''(3) Definitions. - For purposes of this subsection -

''(A) The term 'court' has the meaning given that term in

section 1408(a) of title 10, United States Code.

''(B) The term 'child support' has the meaning given such term

in section 459(i) of the Social Security Act (42 U.S.C.

659(i)).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 702 of this title.

-CITE-

10 USC Sec. 705 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 40 - LEAVE

-HEAD-

Sec. 705. Rest and recuperative absence: qualified enlisted members

extending duty at designated locations overseas

-STATUTE-

(a) Under regulations prescribed by the Secretary concerned, an

enlisted member of an armed force who -

(1) is entitled to basic pay;

(2) has a specialty that is designated by the Secretary

concerned for the purposes of this section;

(3) has completed a tour of duty (as defined in accordance with

regulations prescribed by the Secretary concerned) at a location

outside the 48 contiguous States and the District of Columbia

that is designated by the Secretary concerned for the purposes of

this section; and

(4) at the end of that tour of duty executes an agreement to

extend that tour for a period of not less than one year;

may, in lieu of receiving special pay under section 314 of title 37

for duty performed during such extension of duty, elect to receive

one of the benefits specified in subsection (b). Receipt of any

such benefit is in addition to any other leave or transportation to

which the member may be entitled.

(b) The benefits authorized by subsection (a) are -

(1) a period of rest and recuperation absence for not more than

30 days; or

(2) a period of rest and recuperation absence for not more than

15 days and round-trip transportation at Government expense from

the location of the extended tour of duty to the nearest port in

the 48 contiguous States and return, or to an alternative

destination and return at a cost not to exceed the cost of

round-trip transportation from the location of the extended tour

of duty to such nearest port.

(c) The provisions of this section shall not be effective unless

the Secretary concerned determines that the application of this

section will not adversely affect combat or unit readiness.

-SOURCE-

(Added Pub. L. 96-579, Sec. 5(b)(1), Dec. 23, 1980, 94 Stat. 3366;

amended Pub. L. 107-314, div. A, title V, Sec. 574(a)-(b)(2)(A),

Dec. 2, 2002, 116 Stat. 2558.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-314, Sec. 574(b)(2)(A), substituted '':

qualified enlisted members'' for ''for qualified enlisted members''

in section catchline.

Subsec. (b). Pub. L. 107-314 substituted ''recuperation'' for

''recuperative'' in pars. (1) and (2) and inserted before period at

end of par. (2) '', or to an alternative destination and return at

a cost not to exceed the cost of round-trip transportation from the

location of the extended tour of duty to such nearest port''.

EFFECTIVE DATE

Section 5(c)(2) of Pub. L. 96-579 provided: ''Section 705 of

title 10, United States Code, as added by subsection (b), shall

take effect upon the date of the enactment of this section (Dec.

23, 1980) and shall apply only with respect to periods of extended

duty overseas beginning on or after such date of enactment.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 37 sections 314, 411g.

-CITE-

10 USC Sec. 706 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 40 - LEAVE

-HEAD-

Sec. 706. Administration of leave required to be taken

-STATUTE-

(a) A period of leave required to be taken under section 876a or

1182(c)(2) 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

or 1182(c)(2) 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 sections 707 and

707a 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 or 1182(c)(2) of this title.

(c) A member required to take leave under section 876a or

1182(c)(2) of this title is not entitled to any right or benefit

under chapter 43 of title 38 solely because of employment during

the period of such leave.

-SOURCE-

(Added Pub. L. 97-81, Sec. 2(b)(1), Nov. 20, 1981, 95 Stat. 1085;

amended Pub. L. 102-568, title V, Sec. 506(c)(5), Oct. 29, 1992,

106 Stat. 4341; Pub. L. 103-337, div. A, title X, Sec. 1070(e)(1),

Oct. 5, 1994, 108 Stat. 2859; Pub. L. 103-353, Sec. 2(b)(3), Oct.

13, 1994, 108 Stat. 3169; Pub. L. 104-106, div. A, title XV, Sec.

1503(a)(7), Feb. 10, 1996, 110 Stat. 511; Pub. L. 106-398, Sec. 1

((div. A), title X, Sec. 1087(a)(4)), Oct. 30, 2000, 114 Stat.

1654, 1654A-290; Pub. L. 107-314, div. A, title V, Sec. 506(c),

Dec. 2, 2002, 116 Stat. 2535.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-314, Sec. 506(c)(2), struck out ''pending

review of certain court-martial convictions'' at end of section

catchline.

Subsec. (a). Pub. L. 107-314, Sec. 506(c)(1)(A), inserted ''or

1182(c)(2)'' after ''section 876a''.

Subsec. (b). Pub. L. 107-314, Sec. 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).

Subsec. (c). Pub. L. 107-314, Sec. 506(c)(1)(A), inserted ''or

1182(c)(2)'' after ''section 876a''.

2000 - 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.''

1996 - Subsec. (c)(1). Pub. L. 104-106 substituted ''chapter 43

of title 38'' for ''section 4301 of title 38''.

1994 - 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.

Pub. L. 103-337 substituted ''4301'' for ''4321''.

1992 - Subsec. (c)(1). Pub. L. 102-568 substituted ''section

4321'' for ''section 2021''.

EFFECTIVE DATE OF 1994 AMENDMENT

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.

EFFECTIVE DATE

Section 7 of Pub. L. 97-81, as amended by Pub. L. 98-209, Sec.

12(b), Dec. 6, 1983, 97 Stat. 1407, provided that:

''(a) The amendments made by this Act (enacting this section and

sections 707 and 876a of this title and amending sections 701, 813,

832, 838, 867, and 869 of this title) shall take effect at the end

of the sixty-day period beginning on the date of the enactment of

this Act.

''(b)(1) The amendments made by section 2 (enacting this section

and sections 707 and 876a of this title and amending section 701 of

this title) shall apply to each member whose sentence by

court-martial is approved on or after January 20, 1982 -

''(A) under section 864 or 865 (article 64 or 65) of title 10,

United States Code, by the officer exercising general

court-martial jurisdiction under the provisions of such section

as it existed on the day before the effective date of the

Military Justice Act of 1983 (see Effective Date of 1983

Amendment note set out under section 801 of this title); or

''(B) under section 860 (article 60) of title 10, United States

Code, by the officer empowered to act on the sentence on or after

the effective date of the Military Justice Act of 1983.

''(2) The amendments made by section 3 (amending section 813 of

this title) shall apply to each person held as the result of a

court-martial sentence announced on or after the effective date of

such amendments.

''(3) The amendment made by section 4(a) (amending section 832 of

this title) shall apply with respect to investigations under

section 832 (article 32) of title 10, United States Code, that

begin on or after the effective date of such amendment.

''(4) The amendment made by section 4(b) (amending section 838 of

this title) shall apply to trials by courts-martial in which all

charges are referred to trial on or after the effective date of

such amendment.

''(5) The amendment made by section 5 (amending section 867 of

this title) shall apply to any accused with respect to a Court of

Military Review (now Court of Criminal Appeals) decision that is

dated on or after the effective date of such amendment.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 707, 707a of this title.

-CITE-

10 USC Sec. 707 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 40 - LEAVE

-HEAD-

Sec. 707. Payment upon disapproval of certain court-martial

sentences for excess leave required to be taken

-STATUTE-

(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 Criminal Appeals under section 866 of this title or

by the United States Court of Appeals for the Armed Forces 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 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.

-SOURCE-

(Added Pub. L. 97-81, Sec. 2(b)(1), Nov. 20, 1981, 95 Stat. 1086;

amended Pub. L. 103-337, div. A, title IX, Sec. 924(c)(1), (2),

Oct. 5, 1994, 108 Stat. 2831.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(2). Pub. L. 103-337 substituted ''Court of

Criminal Appeals'' for ''Court of Military Review'' and ''Court of

Appeals for the Armed Forces'' for ''Court of Military Appeals''.

EFFECTIVE DATE

Section to take effect at end of 60-day period beginning on Nov.

20, 1981, to apply to each member whose sentence by court-martial

is approved on or after Jan. 20, 1982, under section 864 or 865 of

this title by officer exercising general court-martial jurisdiction

under provisions of such section as it existed on day before

effective date of Military Justice Act of 1983 (Pub. L. 98-209), or

under section 860 of this title by officer empowered to act on

sentence on or after that effective date, see section 7(a), (b)(1)

of Pub. L. 97-81, set out as a note under section 706 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 706 of this title.

-CITE-

10 USC Sec. 707a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 40 - LEAVE

-HEAD-

Sec. 707a. Payment upon disapproval of certain board of inquiry

recommendations for excess leave required to be taken

-STATUTE-

(a) An officer -

(1) who is required to take leave under section 1182(c)(2) of

this title, any period of which is charged as excess leave under

section 706(a) of this title, and

(2) whose recommendation for removal from active duty in a

report of a board of inquiry is not approved by the Secretary

concerned under section 1184 of this title,

shall be paid, as provided in subsection (b), for the period of

leave charged as excess leave.

(b)(1) An officer 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

1182(c)(2) of this title that is charged as excess leave (except

any day of accrued leave for which the officer has been paid under

section 706(b)(1) of this title and which has been charged as

excess leave).

(2) The officer shall be paid the amount of pay and allowances

that is deemed to have accrued to the officer under paragraph (1),

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 the officer is deemed to have accrued pay and allowances.

Except as provided in paragraph (3), such payment shall be made

within 60 days after the date on which the Secretary concerned

decides not to remove the officer from active duty.

(3) If an officer is entitled to be paid under this section, but

fails to provide sufficient information in a timely manner

regarding the officer's income when such information is requested

under regulations prescribed under subsection (c), the period 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. The regulations may

provide for the method of determining an officer's income during

any period the officer is deemed to have accrued pay and

allowances, including a requirement that the officer provide income

tax returns and other documentation to verify the amount of the

officer's income.

-SOURCE-

(Added Pub. L. 107-314, div. A, title V, Sec. 506(b), Dec. 2,

2002, 116 Stat. 2535.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 706 of this title.

-CITE-

10 USC Sec. 708 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 40 - LEAVE

-HEAD-

Sec. 708. Educational leave of absence

-STATUTE-

(a) Under such regulations as the Secretary of Defense may

prescribe after consultation with the Secretary of Homeland

Security and subject to subsection (b), the Secretary concerned may

grant to any eligible member (as defined in subsection (e)) a leave

of absence for a period of not to exceed two years for the purpose

of permitting the member to pursue a program of education.

(b)(1) A member may not be granted a leave of absence under this

section unless -

(A) in the case of an enlisted member, the member agrees in

writing to extend his current enlistment after completion (or

other termination) of the program of education for which the

leave of absence was granted for a period of two months for each

month of the period of the leave of absence; and

(B) in the case of an officer, the member agrees to serve on

active duty after completion (or other termination) of the

program of education for which the leave of absence was granted

for a period (in addition to any other period of obligated

service on active duty) of two months for each month of the

period of the leave of absence.

(2) A member may not be granted a leave of absence under this

section until he has completed any extension of enlistment or

reenlistment, or any period of obligated service, incurred by

reason of any previous leave of absence granted under this section.

(c)(1) While on a leave of absence under this section, a member

shall be paid basic pay but may not receive basic allowance for

housing under section 403 of title 37, basic allowance for

subsistence under section 402 of such title, or any other pay and

allowances to which he would otherwise be entitled for such period.

(2) A period during which a member is on a leave of absence under

this section shall be counted for the purposes of computing the

amount of the member's basic pay, for the purpose of determining

the member's eligibility for retired pay, and for the purpose of

determining the member's time in grade for promotion purposes, but

may not be counted for the purposes of completion of the term of

enlistment of the member (in the case of an enlisted member) or for

purposes of section 3021 of title 38, relating to entitlement to

supplemental educational assistance.

(d)(1) In time of war, or of national emergency declared by the

President or the Congress after October 19, 1984, the Secretary

concerned may cancel any leave of absence granted under this

section.

(2) The Secretary concerned may cancel a leave of absence granted

to a member under this section if the Secretary determines that the

member is not satisfactorily pursuing the program of education for

which the leave was granted.

(e) In this section, the term ''eligible member'' means a member

of the armed forces on active duty who is eligible for basic

educational assistance under chapter 30 of title 38 and who -

(1) in the case of an enlisted member, has completed at least

one term of enlistment and has reenlisted; and

(2) in the case of an officer, has completed the officer's

initial period of obligated service on active duty.

-SOURCE-

(Added Pub. L. 98-525, title VII, Sec. 707(a)(1), Oct. 19, 1984, 98

Stat. 2571; amended Pub. L. 100-26, Sec. 7(i)(2), (k)(3), Apr. 21,

1987, 101 Stat. 282, 284; Pub. L. 103-337, div. A, title X, Sec.

1070(e)(2), Oct. 5, 1994, 108 Stat. 2859; Pub. L. 105-85, div. A,

title VI, Sec. 603(d)(2)(A), Nov. 18, 1997, 111 Stat. 1782; Pub. L.

107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat.

2314.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

1997 - Subsec. (c)(1). Pub. L. 105-85 substituted ''basic

allowance for housing under section 403 of title 37, basic

allowance for subsistence under section 402 of such title,'' for

''basic allowance for quarters or basic allowance for

subsistence''.

1994 - Subsec. (c)(2). Pub. L. 103-337 substituted ''section 3021

of title 38'' for ''section 1421 of title 38''.

1987 - Subsec. (d)(1). Pub. L. 100-26, Sec. 7(i)(2), substituted

''October 19, 1984'' for ''the date of the enactment of this

section''.

Subsec. (e). Pub. L. 100-26, Sec. 7(k)(3), inserted ''the term''

after ''In this section,''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-85 effective Jan. 1, 1998, see section

603(e) of Pub. L. 105-85, set out as a note under section 5561 of

Title 5, Government Organization and Employees.

EFFECTIVE DATE

Section 707(b) of Pub. L. 98-525 provided that: ''Section 708 of

title 10, United States Code, as added by subsection (a), shall

take effect on October 1, 1985.''

-CITE-

10 USC Sec. 709 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 40 - LEAVE

-HEAD-

Sec. 709. Emergency leave of absence

-STATUTE-

(a) Emergency Leave of Absence. - The Secretary concerned may

grant a member of the armed forces emergency leave of absence for a

qualifying emergency.

(b) Limitations. - An emergency leave of absence under this

section -

(1) may be granted only once for any member;

(2) may be granted only to prevent the member from entering

unearned leave status or excess leave status; and

(3) may not extend for a period of more than 14 days.

(c) Qualifying Emergency. - In this section, the term

''qualifying emergency'', with respect to a member of the armed

forces, means a circumstance that -

(1) is due to -

(A) a medical condition of a member of the immediate family

of the member; or

(B) any other hardship that the Secretary concerned

determines appropriate for purposes of this section; and

(2) is verified to the Secretary's satisfaction based upon

information or opinion from a source in addition to the member

that the Secretary considers to be objective and reliable.

(d) Military Department Regulations. - Regulations prescribed

under this section by the Secretaries of the military department

shall be as uniform as practicable and shall be subject to approval

by the Secretary of Defense.

(e) Definitions. - In this section:

(1) The term ''unearned leave status'' means leave approved to

be used by a member of the armed forces that exceeds the amount

of leave credit that has been accrued as a result of the member's

active service and that has not been previously used by the

member.

(2) The term ''excess leave status'' means leave approved to be

used by a member of the armed forces that is unearned leave for

which a member is unable to accrue leave credit during the

member's current term of service before the member's separation.

-SOURCE-

(Added Pub. L. 107-314, div. A, title V, Sec. 572(a), Dec. 2,

2002, 116 Stat. 2557.)

-CITE-