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

Summary

If a service member was forced to take leave that counted as excess, and a court later throws out or disapproves a sentence that included a dismissal or a dishonorable or bad‑conduct discharge, the member must be paid for the days counted as excess leave—unless a new trial or rehearing is ordered and that new proceeding again results in a dismissal or bad discharge that is later carried out. The member is treated as if they earned regular pay and allowances for each day of that leave. If the court sentence lowered the member’s rank and that cut was not overturned, pay is figured at the lower rank; otherwise pay is figured at the rank held the day before the sentence was approved. The payment is reduced by any income the member received during that time (wages, salaries, tips, other pay, unemployment, and public assistance). Payments must be made on set schedules: within 60 days if no rehearing or new trial is ordered; within 180 days if a rehearing/new trial is ordered but charges are not sent for rehearing within 120 days; within 60 days after the rehearing/new trial result if it removes the dismissal or bad discharge; or within 60 days after an order that later cancels a dismissal or bad discharge that came from a rehearing. If the member does not give required income information in time, those deadlines are extended until 30 days after the member provides it. Military Secretaries will make uniform rules and may require documents like tax returns to check income.