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10 U.S.C. § 876a — Art. 76a. Leave required to be taken pending review of certain court-martial convictions
Federal law — U.S. Code and appendices · legal_authorities
Under regulations prescribed by the Secretary concerned, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this subchapter if the sentence includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin such leave on the date of the entry of judgment under [section 860c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860c&num=0&edition=prelim) (article 60c) or at any time after such date, and such leave may be continued until the date on which action under this subchapter is completed or may be terminated at any earlier time.
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Stable record: federal_law:legal_authorities:record_usc_2240dff5922578786e2d6710
Source file: Laws/federal/codes/united-states-code/title-10/section-876a-art-76a-leave-required-to-be-taken-pending-review-of-certain-court-marti--4c33d40ad8.md
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Source location: Title 10, Chapter 47, § 876a; chapter-047-uniform-code-of-military-justice.md
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Under regulations prescribed by the Secretary concerned, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this subchapter if the sentence includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin such leave on the date of the entry of judgment under [section 860c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860c&num=0&edition=prelim) (article 60c) or at any time after such date, and such leave may be continued until the date on which action under this subchapter is completed or may be terminated at any earlier time.
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Federal law — U.S. Code and appendices · legal_authorities
**(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: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 706
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter (the Uniform Code of Military Justice):
(1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security.
(2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force.
(3) The term “commanding officer” includes only commissioned officers.
(4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority.
(5) The term “superior commissioned officer” means a commissioned officer superior in rank or command.
(6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
(7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service.
(8) The term “military” refers to any or all of the armed forces.
(9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
(10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Statement of Trial Results.—**
(1) The military judge of a general or special court-martial shall enter into the record of trial a document entitled “Statement of Trial Results”, which shall set forth—
(A) each plea and finding;
(B) the sentence, if any; and
(C) such other information as the President may prescribe by regulation.
(2) Copies of the Statement of Trial Results shall be provided promptly to the convening authority, the accused, and any victim of the offense.
**(b) Post-trial Motions.—** In accordance with regulations prescribed by the President, the military judge in a general or special court-martial shall address all post-trial motions and other post-trial matters that—
(1) may affect a plea, a finding, the sentence, the Statement of Trial Results, the record of trial, or any post-trial action by the convening authority; and
(2) are subject to resolution by the military judge before entry of judgment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 860
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Entry of Judgment of General or Special Court-martial.—**
(1) In accordance with rules prescribed by the President, in a general or special court-martial, the military judge shall enter into the record of trial the judgment of the court. The judgment of the court shall consist of the following:
(A) The Statement of Trial Results under [section 860 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860&num=0&edition=prelim) (article 60).
(B) Any modifications of, or supplements to, the Statement of Trial Results by reason of—
(i) any post-trial action by the convening authority; or
(ii) any ruling, order, or other determination of the military judge that affects a plea, a finding, or the sentence.
(2) Under rules prescribed by the President, the judgment under paragraph (1) shall be—
(A) provided to the accused and to any victim of the offense; and
(B) made available to the public.
**(b) Summary Court-martial Judgment.—** The findings and sentence of a summary court-martial, as modified by any post-trial action by the convening authority under [section 860b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860b&num=0&edition=prelim) (article 60b), constitutes the judgment of the court-martial and shall be recorded and distributed under rules prescribed by the President.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 860c
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Federal law — U.S. Code and appendices · legal_authorities
**(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;
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section876a&num=0&edition=prelim).
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 subsections (e) and (f), 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 taken before discharge is considered to be active service.
**(e)**
(1) The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize a member described in paragraph (2) to retain not more than 30 days of excess leave.
(2) A member described in this paragraph is a member who—
(A)
(i) serves on active duty for a continuous period of at least 120 days for which the member is entitled to special pay under [sect
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 701
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A member—
(1) who is required to take leave under [section 876a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section876a&num=0&edition=prelim), any period of which is charged as excess leave under [section 706(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section706/a&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866&num=0&edition=prelim) or by the United States Court of Appeals for the Armed Forces under [section 867 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section867&num=0&edition=prelim),
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section876a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section706/b/1&num=0&edition=prelim) and which has been charged as excess leave). If the
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 707
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Federal law — U.S. Code and appendices · legal_authorities
Page 802
TITLE 10—ARMED FORCES
§ 876a
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
876 ..........
50:663.
May 5, 1950, ch. 169, § 1
(Art. 76), 64 Stat. 132.
The word ‘‘under’’ is substituted for the words ‘‘pur-
suant to’’. The word ‘‘are’’ is substituted for the words
‘‘shall be’’. The words ‘‘Secretary concerned’’ are sub-
stituted for the words ‘‘Secretary of a Department’’.
§ 876a. Art. 76a. Leave required to be taken pend-
ing review of certain court-martial convic-
tions
Under regulations prescribed by the Secretary
concerned, an accused who has been sentenced
by a court-martial may be required to take
leave pending completion of action under this
subchapter if the sentence includes an unsus-
pended dismissal or an unsuspended dishonor-
able or bad-conduct discharge. The accused may
be required to begin such leave on the date of
the entry of judgment under section 860c of this
title (article 60c) or at any time after such date,
and such leave may be continued until the date
on which action under this subchapter is com-
pleted or may be terminated at any earlier time.
(Added Pub. L. 97–81, § 2(c)(1), Nov. 20, 1981, 95
Stat. 1087; amended Pub. L. 98–209, § 5(g), Dec. 6,
1983, 97 Stat. 1400; Pub. L. 114–328, div. E, title
LIX, § 5338, Dec. 23, 2016, 130 Stat. 2937.)
Editorial Notes
AMENDMENTS
2016—Pub. L. 114–328 struck out ‘‘, as approved under
section 860 of this title (article 60),’’ after ‘‘if the sen-
tence’’ and substituted ‘‘of the entry of judgment under
section 860c of this title (article 60c)’’ for ‘‘on which the
sentence is approved under section 860 of this title (ar-
ticle 60)’’.
1983—Pub. L. 98–209 substituted ‘‘under section 860 of
this title (article 60)’’ for ‘‘under secti
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 876a
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