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Page:United States Statutes at Large Volume 61 Part 1.djvu/773

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61 STAT.] 80TH CONG. , IST SESS.-CH. 475-AUG. 4 , 1947 of the armed forces, or (2) electing to carry over such unused leave to a new enlistment in his respective branch of the armed forces on the day following date of discharge. A member excluded from Member reverting dcareto enlisted status, etc. cash settlement by the foregoing provision and a member reverting from warrant or commissioned officer to enlisted status shall carry any unused accrued leave standing to his credit from one status to another within his respective branch of the armed forces. Unused leave settled and compensated for in cash in accordance with this sub- section shall not be considered as service for any purpose. Settlement and compensation in accordance with this subsection shall be made only to a living member or living former member of the armed forces. "(d) Any member of the armed forces discharged under other than Forfeiture ofeve honorable conditions shall forfeit all unused accrued leave to his credit at the time of discharge.nti o "(e) Determination of the number of calendar days of leave to which etmbermo day.n a member or former member is entitled, including the number of calendar days of absence from duty or vacation to be counted or charged against such leave, shall be made in accordance with regu- lations to be prescribed by the respective Secretaries, which regu- lations shall provide equal treatment of officers and enlisted men and shall establish to the fullest extent practicable uniform policies for the several branches of the armed forces. In the case of the leave of enlisted members or former enlisted members attributable to the period prior to the date of enactment of this Act, the Secretary may in the determination of the number of calendar days of absence from duty or vacation to be counted or charged against such leave rely on such records and evidence, including applicants' sworn state- ments as to the material facts, as he may determine proper. All sions o de- decisions by the Secretary under this section shall be final and con- clusive and shall not be subject to review by any court or by any officer of the United States.". Teort SEC. 2 . A member of the armed forces transferred or returned to o inactive status. an inactive status with retired or retainer pay on or prior to the last day of the first calendar month following the date of enactment of this Act, or a member who is on leave on such date, at the expiration of which he will be transferred or returned to an inactive stat us with retired or retainer pay, shall not be entitled to settlemlentt of om- pensation under section 4 (c) of the Armed Forces Leave Act of 1 16lit as added by section 1 of this Act. $.i §1""' "4o. SEC. 3 . The Armed Forces Leave Act of 1946 is further amended t . C. IS1",, by adding at the end thereof the following new section: SEC. 10. The provisions of this Act shall not apply to cadets at the illit United States Military Academy or the United States Coast Guard Academy, or to midshipmen at the United States Naval Academy, or to cadets or midshipmen serving elsewhere in the armed forces. The respective Secretaries are authorized to prescribe regulations concerning leave for cadets and midshipmen."ea. SEC. 4 . Section 1265, Revised Statutes (10 U. S . C. 841); the last Re paragraph appearing under the heading "Mileage"' Act of May 28, 1924 (ch. 203, 43 Stat. 202). and the last paragraph appearing under the heading "Mileage", Act of February 11, 1925 (ch. 209, 43 Stat. 879; 34 U. S . C. 871), are hereby repealed. Approved August 4, 1947. 749