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10 U.S.C. § 707 — Payment upon disapproval of certain court-martial sentences for excess leave required to be taken

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

10 U.S.C. § 707 — Payment upon disapproval of certain court-martial sentences for excess leave required to be taken

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Stable record: federal_law:legal_authorities:record_usc_f41f600cf7f6e6691e7b4ff3
Source file: Laws/federal/codes/united-states-code/title-10/section-707-payment-upon-disapproval-of-certain-court-martial-sentences-for-excess-l--490b1e8568.md
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Source location: Title 10, Chapter 40, § 707; chapter-040-leave.md

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**(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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section858a&num=0&edition=prelim)) 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.

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

10 U.S.C. § 706 — Administration of leave required to be taken

**(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

10 U.S.C. § 867 — Art. 67. Review by the Court of Appeals for the Armed Forces

**(a)** The Court of Appeals for the Armed Forces shall review the record in— (1) all cases in which the sentence, as affirmed by a Court of Criminal Appeals, extends to death; (2) all cases reviewed by a Court of Criminal Appeals which the Judge Advocate General, after appropriate notification to the other Judge Advocates General and the Staff Judge Advocate to the Commandant of the Marine Corps, orders sent to the Court of Appeals for the Armed Forces for review; and (3) all cases reviewed by a Court of Criminal Appeals in which, upon petition of the accused and on good cause shown, the Court of Appeals for the Armed Forces has granted a review. **(b)** The accused may petition the Court of Appeals for the Armed Forces for review of a decision of a Court of Criminal Appeals within 60 days from the earlier of— (1) the date on which the accused is notified of the decision of the Court of Criminal Appeals; or (2) the date on which a copy of the decision of the Court of Criminal Appeals, after being served on appellate counsel of record for the accused (if any), is deposited in the United States mails for delivery by first-class certified mail to the accused at an address provided by the accused or, if no such address has been provided by the accused, at the latest address listed for the accused in his official service record. The Court of Appeals for the Armed Forces shall act upon such a petition promptly in accordance with the rules of the court. **(c)** (1) In any case reviewed by it, the Court of Appeals for the Armed Forces may act only with respect to— (A) the findings and sentence set forth in the entry of judgment, as affirmed or set aside as incorrect in law by the Court of Criminal Appeals; (B) a decision, judgment, or order by a military judge, a

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 867

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

10 U.S.C. § 876a — Art. 76a. Leave required to be taken pending review of certain court-martial convictions

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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 876a

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

10 U.S.C. § 866 — Art. 66. Courts of Criminal Appeals

**(a) Courts of Criminal Appeals.—** (1) **In general.—** — Each Judge Advocate General shall establish a Court of Criminal Appeals which shall be composed of one or more panels, and each such panel shall be composed of not less than three appellate military judges. For the purpose of reviewing court-martial cases, the court may sit in panels or as a whole in accordance with rules prescribed under subsection (h). Any decision of a panel may be reconsidered by the court sitting as a whole in accordance with such rules. Appellate military judges who are assigned to a Court of Criminal Appeals may be commissioned officers or civilians, each of whom must be a member of a bar of a Federal court or of the highest court of a State and must be certified by the Judge Advocate General as qualified, by reason of education, training, experience, and judicial temperament, for duty as an appellate military judge. The Judge Advocate General shall designate as chief judge one of the appellate military judges of the Court of Criminal Appeals established by him. The chief judge shall determine on which panels of the court the appellate judges assigned to the court will serve and which military judge assigned to the court will act as the senior judge on each panel. In accordance with regulations prescribed by the President, assignments of appellate military judges under this section (article) shall be for appropriate minimum periods, subject to such exceptions as may be authorized in the regulations. (2) **Additional qualifications.—** — In addition to any other qualifications specified in paragraph (1), any commissioned officer or civilian assigned as an appellate military judge to a Court of Criminal Appeals shall have not fewer than 12 years of experience in the practice of law befor

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 866

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

10 U.S.C. § 860 — Art. 60. Post-trial processing in general and special courts-martial

**(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

10 U.S.C. § 858a — Art. 58a. Sentences: reduction in enlisted grade

**(a)** A court-martial sentence of an enlisted member in a pay grade above E–1, as set forth in the judgment of the court-martial entered into the record under [section 860c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860c&num=0&edition=prelim) (article 60c), that includes— (1) a dishonorable or bad-conduct discharge; (2) confinement; or (3) hard labor without confinement; reduces that member to pay grade E–1, if such a reduction is authorized by regulation prescribed by the President. The reduction in pay grade shall take effect on the date on which the judgment is so entered. **(b)** If the sentence of a member who is reduced in pay grade under subsection (a) is set aside or reduced, or, as finally affirmed, does not include any punishment named in subsection (a)(1), (2), or (3), the rights and privileges of which he was deprived because of that reduction shall be restored to him and he is entitled to the pay and allowances to which he would have been entitled, for the period the reduction was in effect, had he not been so reduced.

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

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

Page 670 TITLE 10—ARMED FORCES § 707 substituted ‘‘sections 707 and 707a’’ for ‘‘section 707’’ in par. (2). Subsec. (c). Pub. L. 107–314, § 506(c)(1)(A), inserted ‘‘or 1182(c)(2)’’ after ‘‘section 876a’’. 2000—Subsec. (c). Pub. L. 106–398 struck out ‘‘(1)’’ be- fore ‘‘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 ‘‘chap- ter 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 inter- vening 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 ‘‘sec- tion 4321’’ for ‘‘section 2021’’. Statutory Notes and Related Subsidiaries 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 Pub. L. 97–81, § 7, Nov. 20, 1981, 95 Stat. 1089, as amend- ed by Pub. L. 98–209, § 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 pe- riod beginning on the dat

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 707

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