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 jurisdiction under pro- visions of such section as it existed on day before effec- tive date of Military Justice Act of 1983 (Pub. L. 98–209), or under section 860 of this title by officer empowered to act on sentence on or after that effective date, see section 7(a), (b)(1) of Pub. L. 97–81, set out as a note under section 706 of this title. § 707a. Payment upon disapproval of certain board of inquiry recommendations for excess leave required to be taken (a) An officer— (1) who is required to take leave under sec- tion 1182(c)(2) or 20503 of this title, any period of which is charged as excess leave under sec- tion 706(a) of this title, 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, 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 sec- tion, to have accrued pay and allowances for each day of leave required to be taken under sec- tion 1182(c)(2) of this title that is charged as ex- cess leave (except any day of accrued leave for which the officer has been paid under section 706(b)(1) of this title 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, sal- aries, tips, other personal service income, unem- ployment 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 para- graph (3), such payment shall be made within 60 days after the date on which the Secretary con- cerned 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 informa- tion 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 Secre- taries concerned. The regulations may provide for the method of determining an officer’s in- come during any period the officer is deemed to have accrued pay and allowances, including a re- quirement that the officer provide income tax returns and other documentation to verify the amount of the officer’s income. (Added Pub. L. 107–314, div. A, title V, § 506(b), Dec. 2, 2002, 116 Stat. 2535; amended Pub. L. 118–31, div. A, title XVII, § 1722(d)(2), Dec. 22, 2023, 137 Stat. 670.) Editorial Notes AMENDMENTS 2023—Subsec. (a)(1). Pub. L. 118–31 inserted ‘‘or 20503’’ after ‘‘section 1182(c)(2)’’. § 708. Educational leave of absence (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 sub- section (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 cur- rent enlistment after completion (or other ter- mination) of the program of education for which the leave of absence was granted for a period of two months for each month of the pe- riod of the leave of absence; and (B) in the case of an officer, the member agrees to serve on active duty after comple- tion (or other termination) of the program of Page 672 TITLE 10—ARMED FORCES § 709 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 com- pleted any extension of enlistment or reenlist- ment, or any period of obligated service, in- curred by reason of any previous leave of ab- sence 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, 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 pur- pose of determining the member’s eligibility for retired pay, and for the purpose of determining the member’s time in grade for promotion pur- poses, 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, relating to entitlement to supplemental educational as- sistance. (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 pro- gram 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 assist- ance 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. (Added Pub. L. 98–525, title VII, § 707(a)(1), Oct. 19, 1984, 98 Stat. 2571; amended Pub. L. 100–26, § 7(i)(2), (k)(3), Apr. 21, 1987, 101 Stat. 282, 284; Pub. L. 103–337, div. A, title X, § 1070(e)(2), Oct. 5, 1994, 108 Stat. 2859; Pub. L. 105–85, div. A, title VI, § 603(d)(2)(A), Nov. 18, 1997, 111 Stat. 1782; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–375, div. A, title V, § 554, Oct. 28, 2004, 118 Stat. 1913; Pub. L. 109–364, div. A, title X, § 1071(g)(3), Oct. 17, 2006, 120 Stat. 2402.) Editorial Notes AMENDMENTS 2006—Subsec. (a). Pub. L. 109–364 made technical cor- rection to directory language of Pub. L. 108–375, § 554(1). See 2004 Amendment note below. 2004—Subsec. (a). Pub. L. 108–375, § 554(2), inserted at end ‘‘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 pro- gram of education in a health care profession.’’ Pub. L. 108–375, § 554(1), as amended by Pub. L. 109–364, struck out ‘‘for a period of not to exceed two years’’ after ‘‘leave of absence’’. 2002—Subsec. (a). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1997—Subsec. (c)(1). Pub. L. 105–85 substituted ‘‘basic allowance for housing under section 403 of title 37, basic allowance for subsistence under section 402 of such title,’’ for ‘‘basic allowance for quarters or basic allow- ance for subsistence’’. 1994—Subsec. (c)(2). Pub. L. 103–337 substituted ‘‘sec- tion 3021 of title 38’’ for ‘‘section 1421 of title 38’’. 1987—Subsec. (d)(1). Pub. L. 100–26, § 7(i)(2), sub- stituted ‘‘October 19, 1984’’ for ‘‘the date of the enact- ment of this section’’. Subsec. (e). Pub. L. 100–26, § 7(k)(3), inserted ‘‘the term’’ after ‘‘In this section,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–364, div. A, title X, § 1071(g), Oct. 17, 2006, 120 Stat. 2402, provided that the amendment made by section 1071(g)(3) is effective as of Oct. 28, 2004, and as if included in Pub. L. 108–375 as enacted. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–85 effective Jan. 1, 1998, see section 603(e) of Pub. L. 105–85, set out as a note under section 5561 of Title 5, Government Organization and Employees. EFFECTIVE DATE Pub. L. 98–525, title VII, § 707(b), Oct. 19, 1984, 98 Stat. 2572, provided that: ‘‘Section 708 of title 10, United States Code, as added by subsection (a), shall take ef- fect on October 1, 1985.’’ § 709. Emergency leave of absence (a) EMERGENCY LEAVE OF ABSENCE.—The Sec- retary concerned may grant a member of the armed forces emergency leave of absence for a qualifying emergency. (b) LIMITATIONS.—An emergency leave of ab- sence under this section— (1) may be granted only once for any mem- ber; (2) may be granted only to prevent the mem- ber from entering unearned leave status or ex- cess leave status; and (3) may not extend for a period of more than 14 days. (c) QUALIFYING EMERGENCY.—In this section, the term ‘‘qualifying emergency’’, with respect to a member of the armed forces, means a cir- cumstance that— (1) is due to— (A) a medical condition of a member of the immediate family of the member; or (B) any other hardship that the Secretary concerned determines appropriate for pur- poses of this section; and (2) is verified to the Secretary’s satisfaction based upon information or opinion from a