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10 U.S.C. § 707a — Payment upon disapproval of certain board of inquiry recommendations for excess leave required to be taken

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

10 U.S.C. § 707a — Payment upon disapproval of certain board of inquiry recommendations for excess leave required to be taken

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Stable record: federal_law:legal_authorities:record_usc_3d8e7754d43b79d0fdd50e36
Source file: Laws/federal/codes/united-states-code/title-10/section-707a-payment-upon-disapproval-of-certain-board-of-inquiry-recommendations-for--44553db257.md
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Source location: Title 10, Chapter 40, § 707a; chapter-040-leave.md

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**(a)** An officer— (1) who is required to take leave under section 1182(c)(2) or 20503 of this title, 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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1184&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1182/c/2&num=0&edition=prelim) 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](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). (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.

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

10 U.S.C. § 1184 — Removal of officer: action by Secretary upon recommendation of board of inquiry

The Secretary of the military department concerned may remove an officer from active duty if the removal of such officer from active duty is recommended by a board of inquiry convened under [section 1182 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1182&num=0&edition=prelim).

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

10 U.S.C. § 707a — Payment upon disapproval of certain

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. § 707a

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