
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: 10USC708]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                            CHAPTER 40--LEAVE
 
Sec. 708. Educational leave of absence

    (a) Under such regulations as the Secretary of Defense may prescribe 
after consultation with the Secretary of Transportation and subject to 
subsection (b), the Secretary concerned may grant to any eligible member 
(as defined in subsection (e)) a leave of absence for a period of not to 
exceed two years for the purpose of permitting the member to pursue a 
program of education.
    (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 current enlistment after completion (or other 
    termination) of the program of education for which the leave of 
    absence was granted for a period of two months for each month of the 
    period of the leave of absence; and
        (B) in the case of an officer, the member agrees to serve on 
    active duty after completion (or other termination) of the program 
    of 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 completed any extension of enlistment or 
reenlistment, or any period of obligated service, incurred by reason of 
any previous leave of absence 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 purpose of determining the member's 
eligibility for retired pay, and for the purpose of determining the 
member's time in grade for promotion purposes, 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 
assistance.
    (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 program 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 
assistance 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, Sec. 707(a)(1), Oct. 19, 1984, 98 
Stat. 2571; amended Pub. L. 100-26, Sec. 7(i)(2), (k)(3), Apr. 21, 1987, 
101 Stat. 282, 284; Pub. L. 103-337, div. A, title X, Sec. 1070(e)(2), 
Oct. 5, 1994, 108 Stat. 2859; Pub. L. 105-85, div. A, title VI, 
Sec. 603(d)(2)(A), Nov. 18, 1997, 111 Stat. 1782.)


                               Amendments

    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 allowance for subsistence''.
    1994--Subsec. (c)(2). Pub. L. 103-337 substituted ``section 3021 of 
title 38'' for ``section 1421 of title 38''.
    1987--Subsec. (d)(1). Pub. L. 100-26, Sec. 7(i)(2), substituted 
``October 19, 1984'' for ``the date of the enactment of this section''.
    Subsec. (e). Pub. L. 100-26, Sec. 7(k)(3), inserted ``the term'' 
after ``In this section,''.


                    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

    Section 707(b) of Pub. L. 98-525 provided that: ``Section 708 of 
title 10, United States Code, as added by subsection (a), shall take 
effect on October 1, 1985.''
