Title 10Armed ForcesRelease 119-73

§707a Payment upon disapproval of certain board of inquiry recommendations for excess leave required to be taken

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 40— - LEAVE › § 707a

Last updated Apr 6, 2026|Official source

Summary

Pays an officer who was forced to take leave that was counted as excess leave and whose board-recommended removal from active duty was not approved. The officer is treated as having earned pay and allowances for each day of that required excess leave (except days already paid under another rule). The officer gets that pay minus any income they had during the same period (wages, salaries, tips, other personal service income, unemployment pay, and government public assistance). Payment must be made within 60 days after the Secretary decides not to remove the officer, unless the officer fails to give requested income information on time — then payment is due within 30 days after the officer provides the information. The Secretaries issue rules on how income is checked and may require tax returns or other documents.

Full Legal Text

Title 10, §707a

Armed Forces — Source: USLM XML via OLRC

(a)An officer—
(1)who is required to take leave under section 1182(c)(2) or 20503 of this title, any period of which is charged as excess leave under section 706(a) of this title, and
(2)whose recommendation for removal from active duty in a report of a board of inquiry is not approved by the Secretary concerned under section 1184 of this title,
(b)(1)An officer 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 1182(c)(2) of this title that is charged as excess leave (except any day of accrued leave for which the officer has been paid under section 706(b)(1) of this title and which has been charged as excess leave).
(2)The officer shall be paid the amount of pay and allowances that is deemed to have accrued to the officer under paragraph (1), 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 the officer is deemed to have accrued pay and allowances. Except as provided in paragraph (3), such payment shall be made within 60 days after the date on which the Secretary concerned decides not to remove the officer from active duty.
(3)If an officer is entitled to be paid under this section, but fails to provide sufficient information in a timely manner regarding the officer’s income when such information is requested under regulations prescribed under subsection (c), the period 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. The regulations may provide for the method of determining an officer’s income during any period the officer is deemed to have accrued pay and allowances, including a requirement that the officer provide income tax returns and other documentation to verify the amount of the officer’s income.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Subsec. (a)(1). Pub. L. 118–31 inserted “or 20503” after “section 1182(c)(2)”.

Reference

Citations & Metadata

Citation

10 U.S.C. § 707a

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73