
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: 10USC707]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                            CHAPTER 40--LEAVE
 
Sec. 707. Payment upon disapproval of certain court-martial 
        sentences for excess leave required to be taken
        
    (a) A member--
        (1) who is required to take leave under section 876a of this 
    title, any period of which is charged as excess leave under section 
    706(a) of this title; 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 or by 
    the United States Court of Appeals for the Armed Forces under 
    section 867 of this title,

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 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 
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) 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.

(Added Pub. L. 97-81, Sec. 2(b)(1), Nov. 20, 1981, 95 Stat. 1086; 
amended Pub. L. 103-337, div. A, title IX, Sec. 924(c)(1), (2), Oct. 5, 
1994, 108 Stat. 2831.)


                               Amendments

    1994--Subsec. (a)(2). Pub. L. 103-337 substituted ``Court of 
Criminal Appeals'' for ``Court of Military Review'' and ``Court of 
Appeals for the Armed Forces'' for ``Court of Military Appeals''.


                             Effective Date

    Section to take effect at end of 60-day period beginning 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 
provisions of such section as it existed on day before effective 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.

                  Section Referred to in Other Sections

    This section is referred to in section 706 of this title.
