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U.S Code last checked for updates: Nov 22, 2024
All Titles
Title 10
Subtitle A
Part II
Chapter 40
§ 707. Payment upon disapproval ...
§ 708. Educational leave of abse...
§ 707. Payment upon disapproval ...
§ 708. Educational leave of abse...
U.S. Code
Notes
§ 707a.
Payment upon disapproval of certain board of inquiry recommendations for excess leave required to be taken
(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 officer’s 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 officer’s 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 officer’s income.
(Added
Pub. L. 107–314, div. A, title V, § 506(b)
,
Dec. 2, 2002
,
116 Stat. 2535
; amended
Pub. L. 118–31, div. A, title XVII, § 1722(d)(2)
,
Dec. 22, 2023
,
137 Stat. 670
.)
cite as:
10 USC 707a
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