60 STAT.] 79TH CONG., 2D SESS.-CH. 931-AUG. 9 , 1946 [CHAPTER 931] AN ACT Angnst , 1946 To grant to personnel of the armed forces equal treatment in the matter of leave, [H .R401 and for other purposes. [Public Law 704] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Armed Forces Leave Act of 1946". SEC. 2 . As used in this Act- (a) The term "member of the armed forces" means any member of the Army of the United States, United States Navy, United States Marine Corps, or the United States Coast Guard. (b) The term "discharge" means (1), in the case of enlisted per- sonnel, separation or release from active duty under honorable con- ditions or appointment as a commissioned officer or warrant officer; and (2), in the case of commissioned or warrant officers, separation or release from active duty under honorable conditions. (c) The term "spouse" means a lawful wife or husband. (d) The term "child" includes- 1) a legitimate child; 2) a child legally adopted; (3) a stepchild, if, at the time of death of the member or former member of the armed forces, such stepchild is a member of the deceased's household; (4) an illegitimate child, but in the case of a male member or former male member of the armed forces only if he has been judicially ordered or decreed to contribute to such child's support; has been judicially decreed to be the putative father of such child; or has acknowledged under oath in writing that he is the father of such child; and (5) a. person to whom the member or former member of the armed forces at the time of death stands in loco parentis and so stood for not less than twelve months prior to the date of death. (e) The term "parent" includes father and mother, grandfather and grandmother, stepfather and stepmother, father and mother through adoption, and persons who, for a period of not less than one year prior to the death of the member or former member of the armed forces, stood in loco parentis to such member or former member: Provided,That not more than two parents may receive the benefits provided under this Act and preference shall be given to the parent or parents, not exceed- ing two, who actually exercised parental relationship at the time of or most nearly prior to the date of the death of such member or former member of the armed forces. (f) The term "Secretary" means in the case of personnel of the Army, the Secretary of War; in the case of personnel of the Navy and Marine Corps, the Secretary of the Navy; and in the case of personnel of the Coast Guard, the Secretary of the Treasury, and the designated representatives of each such Secretary. (g) The term "cash" includes a check upon the Treasurer of the United States. SEC. 3. (a) Each member of the armed forces shall be entitled to leave at the rate of two and one-half calendar days for each month of active service, excluding periods of (1) absence from duty without leave, (2) absence over leave, and (3) confinement as the result of a sentence of court martial. Except as provided in subsection (b) of this section, such leave may be accumulated in an amount not to exceed one hundred and twenty calendar days. Any leave so accumulated shall not, however, survive death occurring during active military service. Enlisted members or former enlisted members of the armed forces shall be considered to be entitled to such leave from and after Armed Forees Leave Act of 19M. Ante, p. 912. "Member of the armed forces." "Discharge." " Spouse. " "Child." "Parent." "Secretary." "Cash." Members entitled to leave. Accumulated lem. 963
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