Page:United States Statutes at Large Volume 95.djvu/1112

 95 STAT. 1086 Infra. Post, p. 1087.

10 USC 707.

Ante, p. 1085.

PUBLIC LAW 97-81—NOV. 20, 1981

"(2) Except as provided in paragraph (1) and in section 707 of this title, a member may not accrue or receive pay or allowances during a period of leave required to be taken under section 876a of this title. "(c)(l) A member required to take leave under section 876a of this title is not entitled to any right or benefit under section 2021 of title 38 solely because of employment during the period of such leave. "(2) Section 974 of this title does not apply to a member required to take leave under section 876a of this title during the period of such leave. "§707. Payment upon disapproval of certain court-martial sentences for excess leave required to be taken "(a) A member— "(1) who is required to take leave under section 876a of this title, any period of which is charged as excess leave under section 706(a) of this title; and "(2) whose sentence by court-martial to a dismissal or a dishonorable or bad-conduct discharge is set aside or disapproved by a Court of Military Review under section 866 of this title or by the United States Court of Military Appeals under section 867 of this title, shall be paid, as provided in subsection Qo), for the period of leave charged as excess leave, unless a rehearing or new trial is ordered and a dismissal or a dishonorable or bad-conduct discharge is included in the result of the rehearing or new trial and such dismissal or discharge is later executed. "(b)(1) A member 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 876a of this title that is charged as excess leave (except any day of accrued leave for which the member has been paid under section 706(b)(1) of this title and which has been charged as excess leave). If the pay grade of the member was reduced to a lower grade as a result of the court-martial sentence (including any reduction in pay grade under section 858a of this title) and such reduction has not been set aside, disapproved, or otherwise vacated, pay and allowances to be paid under this section shall be deemed to have accrued in such lower grade. Otherwise, such pay and allowances shall be deemed to have accrued in the pay grade held by the member on the day before the day on which his court-martial sentence was approved by the convening authority. "(2) Such a member shall be paid the amount of pay and allowances that he is deemed to have accrued, 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 he is deemed to have accrued pay and allowances. Except as provided in paragraph (3), such payment shall be made as follows: "(A) Payment shall be made within 60 days from the date of the order setting aside or disapproving the sentence by courtmartial to a dismissal or a dishonorable or bad-conduct discharge if no rehearing or new trial has been ordered. "(B) Payment shall be made within 180 days from the date of the order setting aside or disapproving the sentence by courtmartial to a dismissal or a dishonorable or bad-conduct discharge if a rehearing or new trial has been ordered but charges have not been referred to a rehearing or new trial within 120 days from the date of that order.

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