§707a Payment Upon Disapproval of Certain Board of Inquiry Recommendations for Excess Leave Required to Be Taken

Summary

An officer must be paid for any time they were forced to take leave that was later charged as excess leave if a board recommended removing them from active duty but the Secretary did not approve that removal. For pay, the officer is treated as if they earned regular pay and allowances for each day of that excess leave (except days already paid under section 706(b)(1)). The payment is the amount of that pay and allowances reduced by any income the officer got during the same period, including wages, tips, other personal service income, unemployment compensation, and government public assistance. Payment must be made within 60 days after the Secretary decides not to remove the officer. If the officer does not give requested income information on time, the 60-day period is extended until 30 days after the officer provides the information. The Secretaries will write uniform rules and may require tax returns or other documents to verify income.