Page:United States Statutes at Large Volume 95.djvu/1111

 PUBLIC LAW 97-81-NOV. 20, 1981

95 STAT. 1085

Public Law 97-81 97th Congress An Act To amend title 10, United States Code, to improve the military justice system.

Nov. 20, 1981 [H.R. 4792]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Military Justice SHORT TITLE; REFERENCES TO UNIFORM CODE OF M I U T A R Y JUSTICE

1981.

1. (a) This Act may be cited as the "Military Justice lo use 80i note. Amendments of 1981". (b) Whenever in this Act (except in sections 2(a) and 2(b)) an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). lo use 80i et SECTION

seq. REQUIRED APPELLATE LEAVE

SEC. 2. (a) Section 701(a) of title 10, United States Code, is amended— (1) by striking out "and" at the end of clause (2); (2) by striking out the period at the end of clause (3) and inserting in lieu thereof"; and"; and (3) by inserting after clause (3) the following new clause: "(4) leave required to be taken under section 876a of this title.". Post, p. 1087. (b)(1) Chapter 40 of such title is amended by adding at the end thereof the following new sections: review of certain court-martial convictions "(a) A period of leave required to be taken under section 876a of this title shall be charged against any accrued leave to the member's credit on the day before the day such leave begins unless the member elects to be paid for such accrued leave under subsection (b). If the member does not elect to be paid for such accrued leave under subsection Ob), or does not have sufficient accrued leave to his credit to cover the total period of leave required to be taken, the leave not covered by accrued leave shall be charged as excess leave. If the member elects to be paid for accrued leave under subsection (b), the total period of leave required to be taken shall be charged as excess leave. "03)(1) A member who is required to take leave under section 876a of this title and who has accrued leave to his credit on the day before the day such leave begins may elect to be paid for such accrued leave. Any such payment shall be based on the rate of basic pay to which the member was entitled on the day before the day such leave began. If the member does not elect to be paid for such accrued leave, the member is entitled to pay and allowances during the period of accrued leave required to be taken.
 * '§706. Administration of leave required to be taken pending lo use 706.

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