Page:United States Statutes at Large Volume 95.djvu/1113

 PUBLIC LAW 97-81—NOV. 20, 1981

95 STAT. 1087

"(C) If a rehearing or new trial has been ordered and a dismissal or a dishonorable or bad-conduct discharge is not included in the result of such rehearing or new trial, payment shall be made within 60 days of the date of the announcement of the result of such rehearing or new trial. "(D) If a rehearing or new trial has been ordered and a dismissal or a dishonorable or bad-conduct discharge is included in the result of such rehearing or new trial, but such dismissal or discharge is not later executed, payment shall be made within 60 days of the date of the order which set aside, disapproved, or otherwise vacated such dismissal or discharge. "(3) If a member is entitled to be paid under this section but fails to Extension. provide sufficient information in a timely manner regarding his income when such information is requested under regulations prescribed under subsection (c), the periods 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. Such regulations may provide for the method of determining a member's income during any period the member is deemed to have accrued pay and allowances, including a requirement that the member provide income tax returns and other documentation to verify the amount of his income.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new items: "706. Administration of leave required to be taken pending review of certain courtmartial convictions. "707. Payment upon disapproval of certain court-martial sentences for excess leave required to be taken.".

(c)(1) Subchapter IX is amended by adding at the end thereof the following new section (article): "§876a. Art. 76a. Leave required to be taken pending review of lo use 876a. certain court-martial convictions "Under regulations prescribed by the Secretary concerned, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this subchapter if the sentence, as approved under section 864 or 865 of this title (article 64 or 65) by the officer exercising general court-martial jurisdiction, includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin such leave on the date on which the sentence is approved by the officer exercising general court-martial jurisdiction or at any time after such date, and such leave may be continued until the date on which action under this subchapter is completed or may be terminated at any earlier time.". (2) The table of sections at the beginning of such subchapter is amended by adding at the end thereof the following new item: "876a. 76a. Leave required to be taken pending review of certain court-martial convictions.". POST-TRIAL CONFINEMENT

SEC. 3. Section 813 (article 13) is amended— (1) by striking out "Subject to section 857 of this title (article 57), no" and inserting in lieu thereof "No"; and (2) by striking out "or the result of trial".

lo use 813.

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