---
kind: "section"
citation: "10 U.S.C. § 707a"
title: "10"
title_heading: "Armed Forces"
number: "707a"
heading: "Payment upon disapproval of certain board of inquiry recommendations for excess leave required to be taken"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/707a"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 40 — Leave"
---

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

- (a) An [officer](/usc/10/101.md?p=b-1)—
  - (1) who is required to take leave under section [1182(c)(2)](/usc/10/1182.md?p=c-2) or [20503](/usc/10/20503.md) of this title, any period of which is charged as excess leave under [section 706(a) of this title](/usc/10/706.md?p=a), and
  - (2) whose recommendation for [removal](/usc/10/2700.md?p=2) from [active duty](/usc/10/101.md?p=d-1) in a report of a board of inquiry is not approved by the [Secretary concerned](/usc/10/2801.md?p=c-5) under [section 1184 of this title](/usc/10/1184.md),

  shall be paid, as provided in [subsection (b)](#b), for the period of leave charged as excess leave.

- (b)
  - (1) An [officer](/usc/10/101.md?p=b-1) entitled to be paid under this section shall be deemed, for purposes of this section, to have accrued [pay](/usc/10/101.md?p=a-15) and allowances for each day of leave required to be taken under [section 1182(c)(2) of this title](/usc/10/1182.md?p=c-2) that is charged as excess leave (except any day of accrued leave for which the [officer](/usc/10/101.md?p=b-1) has been paid under [section 706(b)(1) of this title](/usc/10/706.md?p=b-1) and which has been charged as excess leave).
  - (2) The [officer](/usc/10/101.md?p=b-1) shall be paid the amount of [pay](/usc/10/101.md?p=a-15) and allowances that is deemed to have accrued to the [officer](/usc/10/101.md?p=b-1) under [paragraph (1)](#b-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](/usc/10/3451.md?p=3) during the period the [officer](/usc/10/101.md?p=b-1) is deemed to have accrued [pay](/usc/10/101.md?p=a-15) and allowances. Except as provided in [paragraph (3)](#b-3), such payment shall be made within 60 days after the date on which the [Secretary concerned](/usc/10/2801.md?p=c-5) decides not to remove the [officer](/usc/10/101.md?p=b-1) from [active duty](/usc/10/101.md?p=d-1).
  - (3) If an [officer](/usc/10/101.md?p=b-1) is entitled to be paid under this section, but fails to provide sufficient information in a timely manner regarding the [officer](/usc/10/101.md?p=b-1)’s income when such information is requested under regulations prescribed under [subsection (c)](#c), the period of time prescribed in [paragraph (2)](#b-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](/usc/10/4951.md?p=3) concerned. The regulations may provide for the method of determining an [officer](/usc/10/101.md?p=b-1)’s income during any period the [officer](/usc/10/101.md?p=b-1) is deemed to have accrued [pay](/usc/10/101.md?p=a-15) and allowances, including a requirement that the [officer](/usc/10/101.md?p=b-1) provide income tax returns and other documentation to verify the amount of the [officer](/usc/10/101.md?p=b-1)’s income.

## Source credit

(Added Pub. L. 107–314, div. A, title V, § 506(b), Dec. 2, 2002, 116 Stat. 2535; amended Pub. L. 118–31, div. A, title XVII, § 1722(d)(2), Dec. 22, 2023, 137 Stat. 670.)

## Notes

### Editorial Notes

### Amendments

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