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10 U.S.C. § 708 — Educational leave of absence

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 708 — Educational leave of absence

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Source file: Laws/federal/codes/united-states-code/title-10/section-708-educational-leave-of-absence--24c2dba37a.md
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Source location: Title 10, Chapter 40, § 708; chapter-040-leave.md

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**(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 the purpose of permitting the member to pursue a program of education. The period of a leave of absence granted under this section may not exceed two years, except that the period may exceed two years but may not exceed three years in the case of an eligible member pursuing a program of education in a health care profession. **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section403&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3021&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3021 — Supplemental educational assistance for additional service

**(a)** The Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, may provide for the payment of supplemental educational assistance under this subchapter to any individual eligible for basic educational assistance under section 3011 or 3018 of this title who— (1) serves five or more consecutive years of active duty in the Armed Forces after the years of active duty counted under [section 3011(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3011/a/1&num=0&edition=prelim) without a break in such service; and (2) after completion of the service described in clause (1) of this subsection— (A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list; (B) continues on active duty without a break in service; or (C) is released from active duty for further service in a reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service. **(b)** The Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, may provide for the payment of supplemental educational assistance under this subchapter to any individual eligible for basic educational assistance under section 3012 or 3018 of this title who— (1) serves two or more consecutive years of active duty in the Armed Forces after the years of active duty counted under [section 3012(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3012/a/1&num=0&edition=prelim) and four or more consecutive years of duty in the Selected Reserve after the years of

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3021

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 403 — Basic allowance for housing

**(a) General Entitlement.—** (1) Except as otherwise provided by law, a member of a uniformed service who is entitled to basic pay is entitled to a basic allowance for housing at the monthly rates prescribed under this section or another provision of law with regard to the applicable component of the basic allowance for housing. The amount of the basic allowance for housing for a member will vary according to the pay grade in which the member is assigned or distributed for basic pay purposes, the dependency status of the member, and the geographic location of the member. The basic allowance for housing may be paid in advance. (2) A member of a uniformed service with dependents is not entitled to a basic allowance for housing as a member with dependents unless the member makes a certification to the Secretary concerned indicating the status of each dependent of the member. The certification shall be made in accordance with regulations prescribed by the Secretary of Defense. **(b) Basic Allowance for Housing Inside the United States.—** (1) The Secretary of Defense shall prescribe the rates of the basic allowance for housing that are applicable for the various military housing areas in the United States. The rates for an area shall be based on the costs of adequate housing determined for the area under paragraph (2). (2) The Secretary of Defense shall determine the costs of adequate housing in a military housing area in the United States for all members of the uniformed services entitled to a basic allowance for housing in that area. The Secretary shall base the determination upon the costs of adequate housing for civilians with comparable income levels in the same area. After June 30, 2001, the Secretary may not differentiate between members with dependents in pay

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 403

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5561 — Definitions

For the purpose of this subchapter— (1) “agency” means an Executive agency and a military department; (2) “employee” means an employee in or under an agency who is a citizen or national of the United States or an alien admitted to the United States for permanent residence, but does not include a part-time or intermittent employee or native labor casually hired on an hourly or daily basis. However, such an employee who enters a status listed in paragraph (5)(A)–(E) of this section— (A) inside the continental United States; or (B) who is a resident at or in the vicinity of his place of employment in a territory or possession of the United States or in a foreign country and who was not living there solely as a result of his employment; is an employee for the purpose of this subchapter only on a determination by the head of the agency concerned that this status is the proximate result of employment by the agency; (3) “dependent” means— (A) a wife; (B) an unmarried child (including an unmarried dependent stepchild or adopted child) under 21 years of age; (C) a dependent mother or father; (D) a dependent designated in official records; and (E) an individual determined to be dependent by the head of the agency concerned or his designee; (4) “active service” means active Federal service by an employee; (5) “missing status” means the status of an employee who is in active service and is officially carried or determined to be absent in a status of— (A) missing; (B) missing in action; (C) interned in a foreign country; (D) captured, beleaguered, or besieged by a hostile force; or (E) detained in a foreign country against his will; but does not include the status of an employee for a period during which he is officially determined to be

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5561

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 708 — Educational leave of absence

Page 671 TITLE 10—ARMED FORCES § 708 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 other- wise vacated such dismissal or discharge. (3) If a member is entitled to be paid under this section but fails to provide sufficient infor- mation in a timely manner regarding his income when such information is requested under regu- lations prescribed under subsection (c), the peri- ods 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 Secre- taries concerned. Such regulations may provide for the method of determining a member’s in- come 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. (Added Pub. L. 97–81, § 2(b)(1), Nov. 20, 1981, 95 Stat. 1086; amended Pub. L. 103–337, div. A, title IX, § 924(c)(1), (2), Oct. 5, 1994, 108 Stat. 2831.) Editorial Notes AMENDMENTS 1994—Subsec. (a)(2). Pub. L. 103–337 substituted ‘‘Court of Criminal Appeals’’ for ‘‘Court of Military Re- view’’ and ‘‘Court of Appeals for the Armed Forces’’ for ‘‘Court of Military Appeals’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section to take effect at end of 60-day period begin- ning 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

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 708

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