§707 Payment upon disapproval of certain court-martial sentences for excess leave required to be taken

Summary

Pay a service member for each day of required leave that was counted as excess if an appeals court sets aside or disapproves their dismissal or their dishonorable or bad-conduct discharge. The member is treated as having earned pay and allowances for those leave days. If the court-martial reduced the member’s pay grade and that reduction still stands, the pay is figured at the lower grade. Otherwise the pay is figured at the grade the member held the day before the sentence was approved. Do not include days the member was already paid for under another rule. The amount paid equals the earned pay and allowances for those days minus any wages, tips, other personal service income, unemployment pay, and government public assistance the member received during that period. Payment timing: within 60 days after the order that sets aside or disapproves the dismissal or discharge if no rehearing is ordered; within 180 days if a rehearing is ordered but charges are not sent for rehearing within 120 days; within 60 days after the rehearing result if the rehearing does not include a dismissal or discharge; and within 60 days after the order that finally sets aside or disapproves a dismissal or discharge that was part of a rehearing. If the member does not give required income information when asked, these time limits are extended until 30 days after the member provides the information. The military secretaries must make uniform rules and may require proof of income such as tax returns.