Page:United States Statutes at Large Volume 76.djvu/529

 76 STAT. ]

PUBLIC LAW 87-649-SEPT. 7, 1962

(F) a person to whom the member or former member, at the tmie of his death, stood in loco parentis and so stood for at least 12 months before his death; (3) "parent" means— (A) a father or mother; (B) a grandfather or grandmother; (C) a stepfather or stepmother; (D) a father or mother by adoption; or (E) a person who for a period of not less than one year before the death of the member or former member stood in loco parentis to him; except that not more than two persons may be treated as parents for the purposes of this clause, and preference shall be given to the persons who bore a parental relation at the time of, or most nearly before, the death of the member or former member; and (4) "brother or sister" means— (A) a brother or sister of the whole blood; (B) a brother or sister of the half blood; (C) a stepbrother or stepsister; or (D) a brother or sister by adoption. (b) An officer of the Armj^, Navy, Air Force, Marine Corps, Coast Guard, or Coast and Geodetic Survey who had accrued leave to his credit at the time of his discharge is entitled to be paid in cash or by a check on the Treasurer of the United States for that leave on the basis of the basic pay and allowances to which he was entitled on the date of discharge. An enlisted member of such a uniformed service who had accrued leave to his credit at the time of his discharge is entitled to be paid in cash or by a check on the Treasurer of the United States for that leave on the basis of the basic pay to which he was entitled on the date of discharge, plus an allowance computed at the rate of 70 cents a day for subsistence, and for an enlisted member in pay grade E-9, E - 8, E-7, E - 6, or E - 5, with dependents, an allowance computed at the rate of $1.25 a day for quarters. However, a payment may not be made under this subsection to a member who— (1) is discharged for the purpose of accepting an appointment or a warrant, or entering into an enlistment, in his armed force; or (2) elects to carry over his unused leave to a new enlistment in his armed force on the day after the date of his discharge. A member to whom a payment may not be made under this subsection, or a member who reverts from officer to enlisted status, carries the accrued leave standing to his credit from the one status to the other within his armed force. (c) Unused accrued leave for which payment is made under subsection (b) of this section is not considered as service for any purpose. (d) Payments for unused accrued leave under subsection (b) of this section, in the case of a member or former member who dies after retirement or discharge and before he receives that payment, shall be made upon application, to or for the living survivors highest on the following list—(1) his surviving spouse and children, in equal shares; (2) his parents, m equal shares; (3) his brothers and sisters, in equal shares; or (4) the children of his deceased brothers and sisters, in equal ^ shares. If there is no survivor, payment may not be made under this subsection. Payment under this subsection to a survivor who has passed his seventeenth birthday and who has not passed his twenty-first birthday discharges the obligations of the United States under this subsection. 78135 0-63—34

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