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10 U.S.C. § 710 — Career flexibility to enhance retention of members

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

10 U.S.C. § 710 — Career flexibility to enhance retention of members

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 710

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Stable record: federal_law:legal_authorities:record_usc_c41fe2fcaecf97b331e44a3a
Source file: Laws/federal/codes/united-states-code/title-10/section-710-career-flexibility-to-enhance-retention-of-members--11594f1ba2.md
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Source location: Title 10, Chapter 40, § 710; chapter-040-leave.md

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**(a) Programs Authorized.—** (1) Each Secretary of a military department may carry out programs under which members of the regular components or of the Space Force and members on Active Guard and Reserve duty of the armed forces under the jurisdiction of such Secretary may be inactivated from active service in order to meet personal or professional needs and returned to active service at the end of such period of inactivation from active service. (2) Notwithstanding subsection (b)(1), if the Secretary of a military department carries out a program under paragraph (1), such Secretary shall, pursuant to this section, inactivate a member who completes a detail under [section 2004c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2004c&num=0&edition=prelim) upon the completion of such detail for such period of time as the Secretary determines appropriate so such member may perform religious ministry that meets professional requirements for appointment as a chaplain in the military department concerned. **(b) Period of Inactivation From Active Service; Effect of Inactivation.—** (1) The period of inactivation from active service under a program under this section of a member participating in the program shall be such period as the Secretary of the military department concerned shall specify in the agreement of the member under subsection (c), except that such period may not exceed three years. (2) Any service by a Reserve officer, or a Space Force officer in a space force active status not on active duty under [section 20105(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20105/b&num=0&edition=prelim), while participating in a program under this section shall be excluded from computation of the total years of service of that officer pursuant to [section 14706(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14706/a&num=0&edition=prelim). (3) Any period of participation of a member in a program under this section shall not count toward— (A) eligibility for retirement or transfer to the Ready Reserve under either chapter 571 or 1223 of this title; or (B) computation of retired or retainer pay under chapter 71 or 1223 of this title. **(c) Agreement.—** Each member of the armed forces who participates in a program under this section shall enter into a written agreement with the Secretary of the military department concerned under which agreement that member shall agree as follows: (1) To accept an appointment or enlist, as applicable, and serve in the Ready Reserve of an armed force during the period of the inactivation of the member from active service under the program or, in the case of a member of the Space Force on sustained duty, to accept release from sustained duty orders and to serve in a space force active status. (2) To undergo during the period of the inactivation of the member from active service under the program such inactive service training as the Secretary concerned shall require in order to ensure that the member retains proficiency, at a level determined by the Secretary concerned to be sufficient, in the military skills, professional qualifications, and physical readiness of the member during the inactivation of the member from active service. (3) Following completion of the period of the inactivation of the member from active service under the program, to serve one month as a member of the armed forces on active service for each month of the period of the inactivation of the member from active service under the program. **(d) Conditions of Release.—** The Secretary of Defense shall prescribe regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection (c). At a minimum, the Secretary shall prescribe the procedures and standards to be used to instruct a member on the obligations to be assumed by the member under paragraph (2) of such subsection while the member is released from active service. **(e) Order to Active Service.—** Under regulations prescribed by the Secretary of the military department concerned, a member of the armed forces participating in a program under this section may, in the discretion of such Secretary, be required to terminate participation in the program and be ordered to active service. **(f) Pay and Allowances.—** (1) During each month of participation in a program under this section, a member who participates in the program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the member would otherwise be entitled under [section 204 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim) as a member of the uniformed services on active service in the grade and years of service of the member when the member commences participation in the program. (2) (A) A member who participates in a program shall not, while participating in the program, be paid any special or incentive pay or bonus to which the member is otherwise entitled under an agreement under chapter 5 of title 37 that is in force when the member commences participation in the program. (B) The inactivation from active service of a member participating in a program shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus under chapter 5 of title 37 that is in force when the member commences participation in the program. (3) (A) Subject to subparagraph (B), upon the return of a member to active service after completion by the member of participation in a program— (i) any agreement entered into by the member under chapter 5 of title 37 for the payment of a special or incentive pay or bonus that was in force when the member commenced participation in the program shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the program; and (ii) any special or incentive pay or bonus shall be payable to the member in accordance with the terms of the agreement concerned for the term specified in clause (i). (B) (i) Subparagraph (A) shall not apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, at the time of the return of the member to active service as described in that subparagraph— (I) such pay or bonus is no longer authorized by law; or (II) the member does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the member to active service. (ii) Subparagraph (A) shall cease to apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, during the term of the revived agreement of the member under subparagraph (A)(i), such pay or bonus ceases being authorized by law. (C) A member who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph (B)(i)(II) shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the member under chapter 5 of title 37. (D) Any service required of a member under an agreement covered by this paragraph after the member returns to active service as described in subparagraph (A) shall be in addition to any service required of the member under an agreement under subsection (c). (4) (A) Subject to subparagraph (B), a member who participates in a program is entitled, while participating in the program, to the travel and transportation allowances authorized by [section 452 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section452&num=0&edition=prelim) for— (i) travel performed from the residence of the member, at the time of release from active service to participate in the program, to the location in the United States designated by the member as his residence during the period of participation in the program; and (ii) travel performed to the residence of the member upon return to active service at the end of the participation of the member in the program. (B) An allowance is payable under this paragraph only with respect to travel of a member to and from a single residence. (5) A member who participates in a program is entitled to carry forward the leave balance existing as of the day on which the member begins participation and accumulated in accordance with [section 701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section701&num=0&edition=prelim), but not to exceed 60 days. **(g) Promotion.—** (1) (A) An officer participating in a program under this section shall not, while participating in the program, be eligible for consideration for promotion under chapter 36, 1405, or 2005 of this title. (B) Upon the return of an officer to active service after completion by the officer of participation in a program— (i) the Secretary of the military department concerned shall adjust the date of rank of the officer in such manner as the Secretary of Defense shall prescribe in regulations for purposes of this section; and (ii) the officer shall be eligible for consideration for promotion when officers of the same competitive category, grade, and seniority are eligible for consideration for promotion. (2) An enlisted member participating in a program shall not be eligible for consideration for promotion during the period that— (A) begins on the date of the inactivation of the member from active service under the program; and (B) ends at such time after the return of the member to active service under the program that the member is treatable as eligible for promotion by reason of time in grade and such other requirements as the Secretary of the military department concerned shall prescribe in regulations for purposes of the program. **(h) Continued Entitlements.—** A member participating in a program under this section shall, while participating in the program, be treated as a member of the armed forces on active duty for a period of more than 30 days for purposes of— (1) the entitlement of the member and of the dependents of the member to medical and dental care under the provisions of chapter 55 of this title; (2) retirement or separation for physical disability under the provisions of chapters 55 and 61 of this title; (3) the entitlement of the member and of the survivors of the member to all death benefits under the provisions of chapter 75 of this title; (4) the provision of all travel and transportation allowances for the survivors of deceased members to attend burial ceremonies under [section 453(f) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section453/f&num=0&edition=prelim); and (5) the eligibility of the member for general benefits as provided in part II of title 38.

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

37 U.S.C. § 204 — Entitlement

**(a)** The following persons are entitled to the basic pay of the pay grade to which assigned or distributed, in accordance with their years of service computed under [section 205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section205&num=0&edition=prelim)— (1) a member of a uniformed service who is on active duty; and (2) a member of a uniformed service, or a member of the National Guard who is not a Reserve of the Army or the Air Force, who is participating in full-time training, training duty with pay, or other full-time duty, provided by law, including participation in exercises or the performance of duty under section 10302, 10305, 10502, or 12402 of title 10, or section 503, 504, 505, or 506 of title 32. **(b)** For the purposes of subsection (a), under regulations prescribed by the President, the time necessary for a member of a uniformed service who is called or ordered to active duty for a period of more than 30 days to travel from his home to his first duty station and from his last duty station to his home, by the mode of transportation authorized in his call or orders, is considered active duty. **(c)** (1) A member of the National Guard who is called into Federal service for a period of 30 days or less is entitled to basic pay from the date on which the member, in person or by authorized telephonic or electronic means, contacts the member’s unit. (2) Paragraph (1) does not authorize any expenditure to be paid for a period before the date on which the unit receives the member’s contact provided under such paragraph. (3) The Secretary of the Army, with respect to the Army National Guard, and the Secretary of the Air Force, with respect to the Air National Guard, shall prescribe such regulations as may be necessa

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 204

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

10 U.S.C. § 701 — Entitlement and accumulation

**(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

10 U.S.C. § 2004c — Detail as students at schools for education required for appointment as a chaplain: commissioned officers; certain enlisted members

**(a) Detail Authorized.—** (1) The Secretary of each military department may detail commissioned officers and enlisted members of the armed forces as students at accredited colleges, universities, and schools of theology, located in the United States, for a period of training leading to a graduate degree that meets the educational requirements for appointment as a chaplain in the armed forces. (2) Pursuant to regulations prescribed by the Secretary concerned, the Secretary of a military department may fund educational expenses for members of the armed forces detailed under paragraph (1). Not more than 25 officers and enlisted members from each military department may commence such training in any single fiscal year. (3) Pursuant to regulations prescribed by the Secretary concerned, the Secretary of a military department may also detail members under paragraph (1) without funding any educational expenses. A member detailed pursuant to this paragraph shall not count against the limitation in paragraph (2). **(b) Eligibility for Detail.—** To be eligible for detail under subsection (a), an officer or enlisted member must be a citizen of the United States and must— (1) (A) have served on active duty for a period of not less than two years nor more than eight years and be an officer in the pay grade O–3 or below as of the time the training is to begin; or (B) have served on active duty for a period of not less than four years nor more than ten years and be an enlisted member in the pay grade E–5 or above as of the time the training is to begin; (2) in the case of an enlisted member, meet all requirements for acceptance of a commission as a commissioned officer in the armed forces; and (3) sign an agreement that unless sooner separated the officer or enlisted me

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2004c

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

37 U.S.C. § 452 — Allowable travel and transportation: general authorities

**(a) In General.—** Except as otherwise prohibited by law, a member of the uniformed services or other authorized traveler may be provided transportation-, lodging-, or meals-in-kind, or actual and necessary expenses of travel and transportation, for, or in connection with, official travel under circumstances as specified in regulations prescribed under [section 464 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section464&num=0&edition=prelim). **(b) Specific Circumstances.—** The authority under subsection (a) includes travel under or in connection with, but not limited to, the following circumstances, to the extent specified in regulations prescribed under [section 464 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section464&num=0&edition=prelim): (1) Temporary duty that requires travel between a permanent duty assignment location and another authorized temporary duty location, and travel in or around the temporary duty location. (2) Permanent change of station that requires travel between an old and new temporary or permanent duty assignment location or other authorized location. (3) Temporary duty or assignment relocation related to consecutive overseas tours or in-place-consecutive overseas tours. (4) Recruiting duties for the armed forces. (5) Assignment or detail to another Government department or agency. (6) Rest and recuperative leave. (7) Convalescent leave. (8) Reenlistment leave. (9) Reserve component inactive-duty training performed outside the normal commuting distance of the member’s permanent residence. (10) Ready Reserve muster duty. (11) Unusual, extraordinary, hardship, or emergency circumstances. (12) Presence of family members at a military medical facility in

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 452

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

10 U.S.C. § 710 — Career flexibility to enhance retention of

Page 673 TITLE 10—ARMED FORCES § 710 source in addition to the member that the Secretary considers to be objective and reli- able. (d) MILITARY DEPARTMENT REGULATIONS.—Reg- ulations 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 dur- ing the member’s current term of service be- fore the member’s separation. (Added Pub. L. 107–314, div. A, title V, § 572(a), Dec. 2, 2002, 116 Stat. 2557.) § 709a. Expenses incurred in connection with leave canceled due to contingency oper- ations: reimbursement (a) AUTHORIZATION TO REIMBURSE.—The Sec- retary concerned may reimburse a member of the armed forces under the jurisdiction of the Secretary for travel and related expenses (to the extent not otherwise reimbursable under law) incurred by the member as a result of the can- cellation of previously approved leave when— (1) the leave is canceled in connection with the member’s participation in a contingency operation; and (2) the cancellation occurs within 48 hours of the time the leave would have commenced. (b) REGULATIONS.—The Secretary of Defense and, in the case of the Coast Guard when it is not operating as a service in the Navy, the Sec- retary of Homeland Security

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 710

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