Title 10 — Armed ForcesRelease 119-73
§706 Administration of leave required to be taken
Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 40— - LEAVE › § 706
Summary
When a member must take leave under section 876a or 1182(c)(2), the days are taken from any saved (accrued) leave the member had the day before the leave starts unless the member chooses to be paid for that accrued leave under subsection (b). If the member does not choose payment, or does not have enough accrued leave to cover the whole required period, the leftover days become excess leave. If the member does choose payment for accrued leave, the whole required period is treated as excess leave. A member who has accrued leave the day before may elect to be paid for it at the basic pay rate in effect that day; if they do not choose payment, they receive pay and allowances during the accrued leave used. Except for that payment option and the rules in paragraph (1) and sections 707 and 707a, the member may not earn or receive pay or allowances during the required leave. Being on such leave does not give the member any right or benefit under chapter 43 of title 38 solely because of employment during that leave.
Full Legal Text
Title 10, §706
Armed Forces — Source: USLM XML via OLRC
(a)A period of leave required to be taken under section 876a or 1182(c)(2) 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 (b), 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.
(b)(1)A member who is required to take leave under section 876a or 1182(c)(2) 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.
(2)Except as provided in paragraph (1) and in section 707 and 707a 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 or 1182(c)(2) of this title.
(c)A member required to take leave under section 876a or 1182(c)(2) of this title is not entitled to any right or benefit under chapter 43 of title 38 solely because of employment during the period of such leave.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2002—Pub. L. 107–314, § 506(c)(2), struck out “pending review of certain court-martial convictions” at end of section catchline. Subsec. (a). Pub. L. 107–314, § 506(c)(1)(A), inserted “or 1182(c)(2)” after “section 876a”. Subsec. (b). Pub. L. 107–314, § 506(c)(1), inserted “or 1182(c)(2)” after “section 876a” in pars. (1) and (2) and substituted “section 707 and 707a” for “section 707” in par. (2). Subsec. (c). Pub. L. 107–314, § 506(c)(1)(A), inserted “or 1182(c)(2)” after “section 876a”. 2000—Subsec. (c). Pub. L. 106–398 struck out “(1)” before “A member required” and struck out par. (2) which read as follows: “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.” 1996—Subsec. (c)(1). Pub. L. 104–106 substituted “chapter 43 of title 38” for “section 4301 of title 38”. 1994—Subsec. (c)(1). Pub. L. 103–353, which directed the amendment of par. (1) by substituting “chapter 43” for “section 4321”, could not be executed because intervening amendment by Pub. L. 103–337 had substituted “section 4301” for “section 4321”. See below. Pub. L. 103–337 substituted “4301” for “4321”. 1992—Subsec. (c)(1). Pub. L. 102–568 substituted “section 4321” for “section 2021”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1994 AmendmentAmendment by Pub. L. 103–353 effective with respect to reemployments initiated on or after the first day after the 60-day period beginning Oct. 13, 1994, with transition rules, see section 8 of Pub. L. 103–353, set out as an
Effective Date
note under section 4301 of Title 38, Veterans’ Benefits.
Effective Date
Pub. L. 97–81, § 7, Nov. 20, 1981, 95 Stat. 1089, as amended by Pub. L. 98–209, § 12(b), Dec. 6, 1983, 97 Stat. 1407, provided that: “(a) The
Amendments
made by this Act [enacting this section and section 707 and 876a of this title and amending section 701, 813, 832, 838, 867, and 869 of this title] shall take effect at the end of the sixty-day period beginning on the date of the enactment of this Act. “(b)(1) The
Amendments
made by section 2 [enacting this section and section 707 and 876a of this title and amending section 701 of this title] shall apply to each member whose sentence by court-martial is approved on or after January 20, 1982—“(A) under section 864 or 865 (article 64 or 65) of title 10, United States Code, by the officer exercising general court-martial jurisdiction under the provisions of such section as it existed on the day before the
Effective Date
of the Military Justice Act of 1983 [see
Effective Date
of 1983 Amendment note set out under section 801 of this title]; or “(B) under section 860 (article 60) of title 10, United States Code, by the officer empowered to act on the sentence on or after the
Effective Date
of the Military Justice Act of 1983. “(2) The
Amendments
made by section 3 [amending section 813 of this title] shall apply to each person held as the result of a court-martial sentence announced on or after the
Effective Date
of such
Amendments
. “(3) The amendment made by section 4(a) [amending section 832 of this title] shall apply with respect to investigations under section 832 (article 32) of title 10, United States Code, that begin on or after the
Effective Date
of such amendment. “(4) The amendment made by section 4(b) [amending section 838 of this title] shall apply to trials by courts-martial in which all charges are referred to trial on or after the
Effective Date
of such amendment. “(5) The amendment made by section 5 [amending section 867 of this title] shall apply to any accused with respect to a Court of Military Review [now Court of Criminal Appeals] decision that is dated on or after the
Effective Date
of such amendment.”
Reference
Citations & Metadata
Citation
10 U.S.C. § 706
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73