
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC702]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                            CHAPTER 40--LEAVE
 
Sec. 702. Cadets and midshipmen

    (a) Graduation Leave.--Graduates of the United States Military 
Academy, the United States Naval Academy, the United States Air Force 
Academy, or the Coast Guard Academy who, upon graduation, are appointed 
in a component of an armed force, may, in the discretion of the 
Secretary concerned or his designated representative, be granted 
graduation leave of not more than 60 days. Leave granted under this 
subsection is in addition to any other leave and may not be deducted 
from or charged against other leave authorized by this chapter, and must 
be completed within three months of the date of graduation. Leave under 
this subsection may not be carried forward as credit beyond the date of 
reporting to the first permanent duty station or to a port of 
embarkation for permanent duty outside the United States or in Alaska or 
Hawaii.
    (b) Involuntary Leave Without Pay for Suspended Academy Cadets and 
Midshipmen.--(1) Under regulations prescribed under subsection (d), the 
Secretary concerned may place an academy cadet or midshipman on 
involuntary leave for any period during which the Superintendent of the 
Academy at which the cadet or midshipman is admitted has suspended the 
cadet or midshipman from duty at the Academy--
        (A) pending separation from the Academy;
        (B) pending return to the Academy to repeat an academic semester 
    or year; or
        (C) for other good cause.

    (2) A cadet or midshipman placed on involuntary leave under 
paragraph (1) is not entitled to any pay under section 203(c) of title 
37 for the period of the leave.
    (3) Return of an academy cadet or midshipman to a pay status at the 
Academy concerned from involuntary leave status under paragraph (1) does 
not restore any entitlement of the cadet or midshipman to pay for the 
period of the involuntary leave.
    (c) Inapplicable Leave Provisions.--Sections 701, 703, and 704 of 
this title and subsection (a) do not apply to academy cadets or 
midshipmen or cadets or midshipmen serving elsewhere in the armed 
forces.
    (d) Regulations.--The Secretary concerned, or his designated 
representative, may prescribe regulations relating to leave for cadets 
and midshipmen.
    (e) Definition.--In this section, the term ``academy cadet or 
midshipman'' means--
        (1) a cadet of the United States Military Academy;
        (2) a midshipman of the United States Naval Academy;
        (3) a cadet of the United States Air Force Academy; or
        (4) a cadet of the United States Coast Guard Academy.

(Added Pub. L. 87-649, Sec. 3(1), Sept. 7, 1962, 76 Stat. 492; amended 
Pub. L. 96-513, title V, Sec. 511(20), Dec. 12, 1980, 94 Stat. 2921; 
Pub. L. 103-160, div. A, title V, Sec. 532, Nov. 30, 1993, 107 Stat. 
1657; Pub. L. 105-261, div. A, title V, Sec. 562, Oct. 17, 1998, 112 
Stat. 2027; Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1087(a)(3)], Oct. 30, 2000, 114 Stat. 1654, 1654A-290.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
702(a)................................  37:31a(c).                           Au
g. 9, 1946, ch. 931, Sec.  3(c);
                                                                              a
dded June 2, 1950, ch. 217, Sec.
                                                                              1
, 64 Stat. 194.
                                        37:32(f) (last 8 words).             Au
g. 9, 1946, ch. 931, Sec.  2(f)
                                                                              (
last 8 words), 60 Stat. 963.
702(b)................................  37:38 (less applicability to         Au
g. 9, 1946, ch. 931, Sec.  10
                                         payment for leave).                  (
less applicability to payment for
                                                                              l
eave); added Aug. 4, 1947, ch.
                                                                              4
75, Sec.  3 (less applicability
                                                                              t
o payment for leave), 61 Stat.
                                                                              7
49.
                                        37:32(f) (last 8 words).             Au
g. 9, 1946, ch. 931, Sec.  2(f)
                                                                              (
last 8 words), 60 Stat. 963.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``outside the United States or in 
Alaska or Hawaii'' are substituted for the words ``outside the 
continental limits of the United States'' to conform to the 
interpretation of those words in other sections of title 10 and revised 
title 37.
    In subsections (a) and (b), the words ``, or his designated 
representative,'' are substituted for the last 8 words of section 32(f) 
of existing title 37.


                               Amendments

    2000--Subsec. (b)(2). Pub. L. 106-398 substituted ``section 203(c)'' 
for ``section 230(c)''.
    1998--Subsec. (a). Pub. L. 105-261, Sec. 562(c)(1), inserted 
heading.
    Subsec. (b). Pub. L. 105-261, Sec. 562(a)(3), added subsec. (b). 
Former first and second sentences of subsec. (b) redesignated subsecs. 
(c) and (d), respectively.
    Subsec. (c). Pub. L. 105-261, Sec. 562(a)(2), (b)(1), (c)(2), 
redesignated first sentence of subsec. (b) as subsec. (c), inserted 
heading, and substituted ``academy cadets or midshipmen'' for ``cadets 
at the United States Military Academy, the United States Air Force 
Academy, or the Coast Guard Academy, midshipmen at the United States 
Naval Academy,''.
    Subsec. (d). Pub. L. 105-261, Sec. 562(a)(1), (c)(3), redesignated 
second sentence of subsec. (b) as subsec. (d) and inserted heading.
    Subsec. (e). Pub. L. 105-261, Sec. 562(b)(2), added subsec. (e).
    1993--Subsec. (a). Pub. L. 103-160 struck out ``regular'' before 
``component'' in first sentence.
    1980--Subsec. (b). Pub. L. 96-513 substituted ``Sections 701, 703, 
and 704 of this title and subsection (a)'' for ``Sections 701, 702(a), 
703, and 704 of this chapter''.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this 
title.


                             Effective Date

    Section effective Nov. 1, 1962, see section 15 of Pub. L. 87-649, 
set out as a note preceding section 101 of Title 37, Pay and Allowances 
of the Uniformed Services.
