§707 Payment Upon Disapproval of Certain Court-martial Sentences for Excess Leave Required to Be Taken

Summary

Pays a member who was forced to take required leave that was later counted as excess leave, and whose court-martial sentence of dismissal or a dishonorable or bad-conduct discharge is overturned or disapproved by the military appeals courts. The member is treated as having earned pay and allowances for each day of that excess leave (except days already paid under the separate rule). If the court-martial lowered the member’s rank and that reduction still stands, the pay is figured at the lower rank. Otherwise pay is figured at the rank held the day before the sentence was approved. The amount paid is reduced by the member’s other income during that leave (wages, tips, other pay, unemployment, and government public assistance). Payments must be made within set time limits: 60 days in many cases, 180 days if a rehearing was ordered but charges were not sent for rehearing within 120 days, and other 60-day rules after rehearing results or later orders. If the member does not timely give required income information, the time limits pause until 30 days after the information is provided. The military Secretaries must write rules and may require tax returns or other proof of income.