
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC706]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                            CHAPTER 40--LEAVE
 
Sec. 706. Administration of leave required to be taken pending 
        review of certain court-martial convictions
        
    (a) A period of leave required to be taken under section 876a 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 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 section 707 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 of this title.
    (c) A member required to take leave under section 876a 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.

(Added Pub. L. 97-81, Sec. 2(b)(1), Nov. 20, 1981, 95 Stat. 1085; 
amended Pub. L. 102-568, title V, Sec. 506(c)(5), Oct. 29, 1992, 106 
Stat. 4341; Pub. L. 103-337, div. A, title X, Sec. 1070(e)(1), Oct. 5, 
1994, 108 Stat. 2859; Pub. L. 103-353, Sec. 2(b)(3), Oct. 13, 1994, 108 
Stat. 3169; Pub. L. 104-106, div. A, title XV, Sec. 1503(a)(7), Feb. 10, 
1996, 110 Stat. 511; Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1087(a)(4)], Oct. 30, 2000, 114 Stat. 1654, 1654A-290.)


                               Amendments

    2000--Subsec. (c). Pub. L. 106-398 struck out ``(1)'' before ``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 ``chapter 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 intervening 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 ``section 4321'' 
for ``section 2021''.


                    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

    Section 7 of Pub. L. 97-81, as amended by Pub. L. 98-209, 
Sec. 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 period beginning on the date of the enactment of this Act.
    ``(b)(1) The amendments made by section 2 [enacting this section and 
sections 707 and 876a of this title and amending section 701 of this 
title] shall apply to each member whose sentence by court-martial is 
approved on or after January 20, 1982--
        ``(A) under section 864 or 865 (article 64 or 65) of title 10, 
    United States Code, by the officer exercising general court-martial 
    jurisdiction under the provisions of such section as it existed on 
    the day before the effective date of the Military Justice Act of 
    1983 [see Effective Date of 1983 Amendment note set out under 
    section 801 of this title]; or
        ``(B) under section 860 (article 60) of title 10, United States 
    Code, by the officer empowered to act on the sentence on or after 
    the effective date of the Military Justice Act of 1983.
    ``(2) The amendments made by section 3 [amending section 813 of this 
title] shall apply to each person held as the result of a court-martial 
sentence announced on or after the effective date of such amendments.
    ``(3) The amendment made by section 4(a) [amending section 832 of 
this title] shall apply with respect to investigations under section 832 
(article 32) of title 10, United States Code, that begin on or after the 
effective date of such amendment.
    ``(4) The amendment made by section 4(b) [amending section 838 of 
this title] shall apply to trials by courts-martial in which all charges 
are referred to trial on or after the effective date of such amendment.
    ``(5) The amendment made by section 5 [amending section 867 of this 
title] shall apply to any accused with respect to a Court of Military 
Review [now Court of Criminal Appeals] decision that is dated on or 
after the effective date of such amendment.''

                  Section Referred to in Other Sections

    This section is referred to in section 707 of this title.
