492
PUBLIC LAW 87-649-SEPT. 7, 1962
[76 STAT.
AMENDMENTS TO TITLE 10, A R M E D FOR C E S 70Astat. 17;
SEC. 2. Chapter 31 of title 10, United States Code, is amended as
72 Stat. 1439. folloWS * 10 USC 501-516. A " ^ ^ " " ' ° '
Ante, p. 467.
(1) The following new section is added at the end thereof:
- §517. Authorized daily average: members in pay grades E-8
and E-9 "Except as provided in section 307 of title 37, the authorized daily average number of enlisted members on active duty (other than for training) in an armed force in pay grades E - 8 and E - 9 in a calendar year may not be more than 2 percent and 1 percent, respectively, of the number of enlisted members of that armed force who are on active duty (other than for training) on January 1 of that year." (2) The following new item is added at the end of the analysis: "517. Authorized daily average: members in pay grades E-8 and E-9." SEC. 3. Title 10, United States Code, is amended as follows: (1) The following new chapter is inserted after chapter 39: "Chapter 40—Leave "Sec. "701. "702. "703. "704.
70A Stat. 605. ^^°*
Entitlement and accumulation. Cadets and midshipmen. Reenlistment leave. Use of leave; regulations.
"§ 701. Entitlement and accumulation " (a) A member of an armed force is entitled to leave at the rate of 21^ 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 a court-martial. Full-time training, or other full-time duty for a period of more than 29 days, performed under section 316, 502, 503, 504, or 505 of title 32 by a member of the Army National Guard of the United States or the Air National Guard of the United States in his status as a member of the National Guard, and for which he is entitled to pay, is active service for the purposes of this section. " (b) Notwithstanding any other provision of law, a member may not accumulate more than 60 days' leave. However, leave taken during a fiscal year may be chargea to leave accumulated during that fiscal year without regard to this limitation. "(c) A member who retired after August 9, 1946, who is continued on, or is recalled to, active duty, may have his leave which accumulated during his service before retirement carried over to his period of service after retirement. " (d) Leave accumulated under this section does not survive the death of the member during active service. " (e) Leave taken before discharge is considered to be active service. "§ 702. Cadets and midshipmen " (a) Graduates of the United States Military Academy, the United States NavarAcademy, the United States Air Force Academy, or the Coast Guard Academy who, upon graduation, are appointed in a regular component of an armed force, may, in the discretion of the Secretary concerned, or his designated representative, be granted graduation leave of not more than 60 days. Leave granted under this subsection is in addition to any other leave and may not be deducted
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