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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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LegalText 10 U.S.C. § 707a Payment upon disapproval of certain board of inquiry recommendations for excess leave required to be taken us united_states_code code_section 10 ARMED FORCES 40 LEAVE 707a 10 U.S.C. § 707a current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s707a data/legal/raw/us/code/title-10/usc10.xml 1c7a8bb1b7f3fb91ba6b801b65bc85f7d0a38372d84ec67e4ed705f98b1d2f7a 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 4d6824852425bcbc32c0791e5f45c678bc2a51a0e45995cadda81474e47011c9 2026-07-04 official
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10 U.S.C. § 707a - Payment upon disapproval of certain board of inquiry recommendations for excess leave required to be taken

Text

(a) An officer—

(1) who is required to take leave under section 1182(c)(2) or 20503 of this title, any period of which is charged as excess leave under section 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 section, to have accrued pay and allowances for each day of leave required to be taken under section 1182(c)(2) of this title that is charged as excess 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, salaries, tips, other personal service income, unemployment 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 paragraph (3), such payment shall be made within 60 days after the date on which the Secretary concerned 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 information in a timely manner regarding the officers 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 Secretaries concerned. The regulations may provide for the method of determining an officers income during any period the officer is deemed to have accrued pay and allowances, including a requirement that the officer provide income tax returns and other documentation to verify the amount of the officers income.

(Added Pub. L. 107314, div. A, title V, § 506(b), Dec. 2, 2002, 116 Stat. 2535; amended Pub. L. 11831, div. A, title XVII, § 1722(d)(2), Dec. 22, 2023, 137 Stat. 670.)

Notes

Editorial Notes

Amendments2023—Subsec. (a)(1). Pub. L. 11831 inserted “or 20503” after “section 1182(c)(2)”.