TITLE 37.-PAY AND ALLOWANCES (ARMY, NAVY, AIR FORCE, MARINE CORPS, COAST GUARD, COAST AND GEODETIC SURVEY, AND PUBLIC HEALTH SERVICE) Sec. 39. Applicability of sections 31a-33 and 34-38 of this title to commissioned officers of Coast and Geodetic Survey. §§ 1-3. Repealed. June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942. Section 1, acts June 10, 1922, ch. 212, § 1, 42 Stat. 625; May 23, 1928, ch. 715, 45 Stat. 719; May 28, 1928, ch. 819, 45 Stat. 788, which related to general provisions as to pay periods and rates of pay, is now covered by section 232 of this title. Sections 2 and 3, act June 10, 1922, ch. 212, § 1, 42 Stat. 626, which related to pay of certain officers during wartime and increases in pay for length of service, are now covered by section 232 of this title. § 3a. Credit of service rendered subsequent to June 30, 1932. Notwithstanding the suspension during the fiscal years 1933, 1934, and 1935 of the longevity increases provided for in section 3 of this title the personnel (active or retired) so affected shall be credited with service rendered subsequently to June 30, 1932, in computing their active or retired pay accruing subsequently to June 30, 1935: Provided, That this section shall not be construed as authorizing the payment of back longevity pay for the fiscal years 1933, 1934, and 1935 which would have been paid during such years but for the suspension aforesaid. (June 13, 1935, ch. 224, 49 Stat. 339.) REFERENCES IN TEXT Section 3 of this title, referred to in the text, was repealed by act June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942, and is now covered by section 232 of this title. § 4. Repealed. June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942. Section, act June 10, 1922, ch. 212, § 1, 42 Stat. 627, which related to service to be counted in computing pay, is now covered by section 233 of this title. § 4a. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. Section, act May 18, 1920, ch. 190, § 11, 41 Stat. 603, related to service to be counted in computing pay and to service in different services. § 4b. Repealed. Oct. 12, 1949, ch. 681, title V, § 531 (b) (18), 63 Stat. 838, eff. Oct. 1, 1949. Section, act June 3, 1916, ch. 134, § 127a, as added June 4, 1920, ch. 227, § 51, 41 Stat. 785, related to service in regular, provisional, or temporary forces to be counted in computing pay, and is now covered by section 233 of this title. §§ 4c, 4c-1. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. Section 4c, act Aug. 24, 1912, ch. 391, § 6, 37 Stat. 594, provided for the exclusion of service at the United States Military or Naval Academy from the computation of length of service for Army officers, and is now covered by sections 3682 and 8682 of Title 10, Armed Forces. Section 4c-1, act Mar. 4, 1913, ch. 148, 37 Stat. 891, provided for the exclusion of service at the United States Naval or Military Academy from the computation of length of service of officers in the Navy or Marine Corps, and is now covered by section 6116 of Title 10, Armed Forces. SIMILAR PROVISIONS Provisions somewhat similar to former section 4c of this title were contained in the following appropriation acts: Apr. 15, 1926, ch. 146, title I, 44 Stat. 257. Provisions somewhat similar to former section 4c-1 of this title were contained in the following appropriation acts: May 21, 1926, ch. 355, 44 Stat. 604. § 5-8. Repealed. June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942. Section 5, acts June 10, 1922, ch. 212, § 1, 42 Stat. 627; Apr. 27, 1926, ch. 191, 44 Stat. 328; Feb. 16, 1929, ch. 221, § 1, 45 Stat. 1187, which related to pay of persons not officers but whose pay was equivalent to that of commissioned officers of certain grades, is now covered by sections 232, 251 and 252 of this title. Section 6, act June 10, 1922, ch. 212, § 2, 42 Stat. 627, which related to no increase of pay for field or sea duty. is now covered by section 237 of this title. Section 7, acts June 10, 1922, ch. 212, § 3, 42 Stat. 627; May 31, 1924, ch. 224, § 1, 43 Stat. 250, which related to pay of officers of National Guard or of reserve forces authorized to receive Federal pay, is now covered by sections 232 and 233 of this title. Section 8, act June 10, 1922, ch. 212, § 4, 42 Stat. 627, which defined "dependent", is now covered by section 231 of this title. § 8a. "Children" defined. CODIFICATION Section, act Feb. 21, 1929, ch. 288, 45 Stat. 1254, has been eliminated from the Code. Section 8 of this title, for purposes of which this section defined "children", has been repealed by act June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942. Present provisions defining "children" are contained in section 231 of this title. § 9. Repealed. June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942. Section, act June 10, 1922, ch. 212, § 5, 42 Stat. 628, which related to subsistence allowance to commissioned officers below grade of brigadier general or equivalent, is now covered by section 251 of this title. § 9a. Value of subsistence allowance. CODIFICATION Section, act Apr. 9, 1935, ch. 54, title I, 49 Stat. 125, has been eliminated from the Code. Section 9 of this title, for purposes of which this section fixed the value of a subsistence allowance, has been repealed by act June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942. Present provisions fixing the value of a subsistence allowance are contained in section 251 of this title. § 10. Repealed. June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942. Section, acts June 10, 1922, ch. 212, § 6, 42 Stat. 628; May 31, 1924, ch. 224, § 2, 43 Stat. 250, which related to rental allowance to commissioned officers below grade of brigadier general or equivalent, is now covered by section 252 of this title. § 10a. Room rate for computing rental allowance. CODIFICATION Sectio act Apr. 9, 1935, ch. 54, title I. § 101, 49 Stat. 125, has been eliminated from the Code. Section 10 of this title, for purposes of which this section fixed the monetary value of a room allowance, has been repealed by act June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942. Present provisions concerning rental allowances are contained in section 252 of this title. SS 11-16. Repealed. June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942. Section 11, acts June 10, 1922, ch. 212, § 7, 42 Stat. 628; Feb. 16, 1929, ch. 221, § 2, 45 Stat. 1187, which related to reduction in amount of allowances, has been omitted from the Code. Sections 12, 13, act June 10, 1922, ch. 212, §§ 8, 9, 42 Stat. 629, which related to base pay and allowances of certain enumerated officers and base pay of warrant officers and enlisted men of Army and Marine Corps, respectively, are now covered by sections 232, 238, 251, 252, 254, and 321 of this title. Section 13a, act Sept. 16, 1940, 3:08 p. m., E. S. T., ch. 720, § 12 (a), (b), 54 Stat. 895, eff. Oct. 1, 1940, which related to base pay, specialists' rating pay, increase for service, and retired pay of enlisted men of Army and Marine Corps, is now covered by section 232 of this title. Section 14, acts June 10, 1922, ch. 212, § 10, 42 Stat. 630; Feb. 16, 1929, ch. 221, § 3, 45 Stat. 1187, which related to base pay of warrant officers and enlisted men of Navy and Coast Guard, is now covered by section 232 of this title. Section 14a, act Sept. 16, 1940, 3:08 p. m., E. S. T., ch. 720, § 12 (a), 54 Stat. 895, eff. Oct. 1, 1940, which related to minimum pay and allowances of enlisted men of Navy, is now covered by section 232 of this title. Sections 15, 16, act June 10, 1922, ch. 212, § 10, 42 Stat. 630, which related to pay grade for various ratings of enlisted men of Navy and Coast Guard and pay of insular force of Navy, repeal of reenlistment gratuity laws, enlistment allowances, and retired pay, respectively, are now covered by sections 232, 238, 251, 252, and 307 of this title. § 16a. Repealed. Oct. 12, 1949, ch. 681, title V, § 531 (b) (29), 63 Stat. 839, eff. Oct. 1, 1949. Section, acts Aug. 18, 1941, ch. 364, § 2, 55 Stat. 629; June 16, 1942, ch. 413, § 10, 56 Stat. 363, related to enlistment allowances during war or national emergency for enlisted men of the Marine Corps, Navy, and Coast Guard, and is now covered by section 238 of this title. § 17. Repealed. June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942. Section, acts June 10, 1922, ch. 212. § 10. 42 Stat. 630; May 31, 1924, ch. 224, § 3, 43 Stat. 251, related to retainer pay of men transferred to Fleet Reserve of Navy and Marine Corps. § 17a. Retainer pay or retired pay of enlisted men transferred to the Fleet Reserve prior to October 1, 1940. Enlisted men of the Navy and Marine Corps who were transferred to the Fleet Reserve prior to October 1, 1940, after completion of sixteen or twenty years of service, and all such transferred members of the Fleet Reserve who were subsequently retired prior to October 1, 1940, shall, from and after October 1, 1940, be entitled to retainer pay or retired pay computed on the basis of the increased rates of base pay and longevity pay provided for enlisted men by section 312 of Appendix to Title 50: Provided, That nothing in this section shall operate to reduce the pay now being received by any such enlisted men. (Aug. 21, 1941, ch. 390, 55 Stat. 656.) REFERENCES IN TEXT Section 312 of Appendix to Title 50, referred to in the text, which was repealed insofar as subsections (a)—(c) thereof were concerned by section 19 of the Pay Readjustment Act of 1942, act June 16, 1942, ch. 413, 56 Stat. 369, and which expired on Mar. 31, 1947, insofar as remaining subsections were concerned, was superseded by section 15 of the Pay Readjustment Act of 1942, section 115 of this title. The subject matter of section 115, except for the fourth paragraph thereof, was repealed by section 531 (b) of the Career Compensation Act of 1949, and is now covered by section 511 of Oct. 12, 1949, section 311 of this title. § 18. Repealed. June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942. Section, acts June 10, 1922, ch. 212, § 10; May 31, 1924, ch. 224, § 3, 43 Stat. 251, related to credit to enlisted men of service as warrant or commissioned officers. § 18a. Repealed. Oct. 12, 1949, ch. 681, title V, § 531 (b) (33), 63 Stat. 839, eff. Oct. 1, 1949. Section, act May 4, 1942, ch. 282, § 1. 56 Stat. 266. related to longevity credit for service since June 30, 1925, by warrant officers and enlisted men of naval and Marine Corps Reserves and National Guard, and is now covered by section 233 of this title. § 19. Repealed. June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942. Section, acts June 10, 1922, ch. 212, § 11, 42 Stat. 630; Nov. 21, 1941, ch. 498, 55 Stat. 781, which related to money allowances to warrant officers and enlisted men for subsistence and rental of quarters, subsistence for pilots and commutation of rations, is now covered by sections 251 and 252 of this title. § 19a. Money allowance for quarters to certain enlisted men of Army not provided quarters for dependents. CODIFICATION Section, act Oct. 17, 1940, ch. 899, 54 Stat. 1205, was omitted, and is now covered by section 238 of this title. §§ 20-21. Repealed. June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942. Section 20, acts June 10, 1922, ch. 212, § 12, 42 Stat. 631; June 1, 1926, ch. 436, 44 Stat. 680; Mar. 2, 1931, ch. 361, § 1, 46 Stat. 1461, which related to mileage allowance to officers and travel expenses, is now covered by section 253 of this title. Section 20a, acts June 10, 1922, ch. 212, § 12; May 29, 1928, ch. 885, 45 Stat. 975, which related to money allowance in lieu of transportation in kind for travel by privately owned conveyances, is now covered by section 253 of this title. Section 21, acts June 10, 1922, ch. 212, § 12, 42 Stat. 631; June 1, 1926, ch. 436, 44 Stat. 680, which related to money allowance in lieu of transportation in kind for dependents of personnel, is now covered by section 253 of this title. § 21a. "Children" defined. CODIFICATION Section, act Feb. 21, 1929, ch. 288, 45 Stat. 1254, has been eliminated from the Code. Section 21 of this title, for purposes of which this section defined "children", has been repealed by act June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942. Present provisions defining "children" are contained in section 231 of this title. S$ 22-26. Repealed. June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942. Section 22, act June 10, 1922, ch. 212, § 13, 42 Stat. 631, which related to pay and allowances of female nurses of Army and Navy, is now covered by sections 232, 251, and 252 of this title. Section 23, acts June 10, 1922, ch. 212, § 14, 42 Stat. 631, 632; Mar. 4, 1923, ch. 281, § 1, 42 Stat. 1507; Sept. 16, 1940, 3:08 p. m., E. S. T., ch. 720, § 12 (c), 54 Stat. 895, eff. Oct. 1, 1940, which related to pay and allowances of National Guard officers, enlisted men, and reserve officers, armory drill pay, and validation of payments, is now covered by sections 232, 251, and 252 of this title. Sections 24 and 25, act June 10, 1922, ch. 212, §§ 15, 16, 42 Stat. 632, related to repeal of existing laws authorizing increase of pay for foreign service and commutation of quarters, heat, and light, and non-reduction of existing pay of certain officers, persons and enlisted men. Section 26, acts June 10, 1922, ch. 212, § 17, 42 Stat. 632; May 31, 1924, ch. 224, § 6, 43 Stat. 252; May 26, 1928, ch. 787, 45 Stat. 774; June 25, 1941, ch. 252, §§ 1, 2, 55 Stat. 263, which related to retired pay of officers and warrant officers, no promotion of retired officers for active duty and pay and allowances of retired personnel when on active duty, is now covered by section 115 of this title. § 26a. Equalization of pay of retired officers and warrant officers. CODIFICATION Section, act May 8, 1926, ch. 274, § 1, 44 Stat. 417, was omitted and is now covered by section 311 of this title. S$ 27-29. Repealed. June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942. Section 27, act June 10, 1922, ch. 212, § 18, 42 Stat. 632, related to additional pay to enlisted men for special qualifications, and is not now covered. Section 28, act June 10, 1922, ch. 212, § 19, 42 Stat. 632, related to pay and allowances of cadets and cadet engineers, and is now covered by section 308 of this title. Section 29, acts June 10, 1922, ch. 212, § 20, 42 Stat. 632; May 31, 1924, ch. 224, § 4, 43 Stat. 251; July 2, 1926, ch. 721, § 6, 44 Stat. 782, which related to increase of pay of personnel detailed to flying duty and number detailed, is now covered by section 235 of this title. § 29a. Repealed. Oct. 12, 1949, ch. 681, title V, § 531 (b) (25), 63 Stat. 839, eff. Oct. 1, 1949. Section, act June 16, 1933, ch. 101, § 10, 48 Stat. 307, related to suspension or reduction of extra pay while on flying duty, and is now covered by section 235 of this title. § 29b. Increase of pay of officers, warrant officers, and enlisted men engaged on parachute duty. CODIFICATION Section, act June 3, 1941, ch. 166, 55 Stat. 240, was omitted and is now covered by section 235 of this title. §§ 30, 31. Repealed. June 16, 1942, ch. 413, § 19, 56 Stat. 369, eff. June 1, 1942. Section 30, acts June 10, 1922, ch. 212, § 21, 42 Stat. 633; May 31, 1924, ch. 224, § 5, 43 Stat. 251, related to existing laws and regulations governing pay and allowances not affected by readjustment provisions. Section 31, act June 10, 1922, ch. 212, § 22, 42 Stat. 633, which related to effective date of enumerated sections and repeal of inconsistent and conflicting laws, is not now covered. § 31a. Leave for armed forces; accumulation; uniform policies; reenlistment leave; recall after retirement; limitation; leave for graduates of academies. (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. listed members or former enlisted members of the armed forces shall be considered to be entitled to such leave from and after September 8, 1939, but shall not be considered to have any leave accumulated or accrued as of August 9, 1946, or the date of discharge if prior to August 9, 1946, in excess of the amount which would have been accumulated and accrued if their leave had been accumulated and accrued from and after September 8, 1939, on the same basis as leave is accumulated and accrued in En the case of commissioned officers in the Regular components of their respective branches of the armed forces. Except in the case of leave to be settled and compensated for under section 35 of this title, leave may be taken by a member on a calendar-day basis as vacation or absence from duty with pay, annually as accruing or otherwise, in accordance with regulations to be issued by the several Secretaries. Such regulations shall provide equal treatment for officers and enlisted men, shall establish to the fullest extent practicable uniform policies for the several branches of the armed forces, and shall provide that leave shall be taken annually as accruing to the extent consistent with military requirements and other exigencies. Members who reenlist after August 9, 1946, may be authorized reenlistment leave in the discretion of the Secretary, for a period not exceeding ninety days, and such leave shall be deducted from leave accrued during active service prior to reenlistment or charged against any leave which may accrue during future active service or both. In the case of members who are retired after August 9, 1946, and after retirement are continued on or recalled to active duty, leave accrued during service prior to retirement may be carried over to the period of service after retirement. Leave taken prior to discharge before or after August 9, 1946, shall be considered as active military service; but leave settled and compensated for under section 35 of this title shall not be considered as active military service. Full-time training, or other full-time duty for a period of more than 29 days, performed 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 under sections 316 and 502-505 of Title 32, and for which he is entitled to pay, shall be considered active service for the purpose of this subsection. (b) Notwithstanding any other provision of sections 31a-33 and 34-38 of this title or of any other law or regulation, no member of the armed forces (other than a member on terminal leave on September 1, 1946) shall be permitted to accumulate or to have to his credit, at any time after August 31, 1946, accumulated or accrued leave aggregating in excess of sixty days, except that leave actually taken during any fiscal year may be charged to leave accruing during such fiscal year without regard to such sixty-day limitation: Provided, That no cash settlement shall be made for unused or accumulated leave in excess of sixty days upon discharge or retirement subsequent to August 31, 1946. (c) Graduates of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, or the United States Coast Guard Academy who, upon graduation therefrom, are commissioned in a regular component of the armed forces may, in the discretion of the Secretary concerned, be granted graduation leave not in excess of sixty days, which leave shall not be deducted from nor charged against other leave authorized by the provisions of sections 31a33 and 34-38 of this title but shall be in addition thereto. Graduation leave granted pursuant to this subsection must be completed within three months of the date of graduation and no such leave shall be carried forward as credit beyond the date of reporting to the first permanent duty station or to a port of embarkation for permanent duty outside the continental limits of the United States. (Aug. 9, 1946, ch. 931, § 3, 60 Stat. 963; June 2, 1950, ch. 217, § 1, 64 Stat. 194; Sept. 23, 1950, ch. 998, § 1, 64 Stat. 978; Aug. 10, 1956, ch. 1041, § 23, 70A Stat. 630; Sept. 2, 1958, Pub. L. 85-861, § 33 (d) (1), 72 Stat. 1567.) AMENDMENTS 1958 Subsec. (c) amended Pub. L. 85-661 to include graduates of the Air Force Academy. 1956 Subsec. (a) amended by act Aug. 10, 1956, to provide that full-time training, or other full-time duty for more than 29 days, performed by members of the Army National Guard or Air National Guard in their status as members under sections 316 and 502-505 of Title 32, should be considered active service. 1950 Subsec. (b) amended by act Sept. 23, 1950, to legalize payments heretofore made for leave in excess of 60 days, and to permit in the future members of the armed forces to take leave accrued during a fiscal year without reducing the limitation of accrued leave. Subsec. (c) added by act June 2, 1950. EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-861 as effective Aug. 10, 1956, see section 33 (g) of Pub. L. 85-861, set out as a note to section 101 of Title 10, Armed Forces. EFFECTIVE DATE OF 1950 AMENDMENTS Section 2 of act Sept. 23, 1950, provided that the amendment of subsec. (b) should take effect as of Aug. 31, 1946. Section 4 of act June 2, 1950, provided that amendment by act June 2, 1950, should be effective as of June 1, 1950. REPEALS Section 9 of act Aug. 9, 1946, provided in part that the repeal of act May 8, 1874, ch. 154, 18 Stat. 43, as amended July 29, 1876, ch. 239, 19 Stat. 102, would not affect any leave accumulated (including leave accruing at the rate of two and one-half days per month after July 1, 1946), prior to Aug. 9, 1946. CROSS REFERENCES Uniform Code of Military Justice, see chapter 47 of Title 10, Armed Forces. § 32. Leave for armed forces; definitions. As used in sections 31a-33 and 34-38 of this title (a) The term "member of the armed forces" means any member of the Army of the United States, United States Navy, United States Air Force, United States Marine Corps, or the United States Coast Guard. (b) The term "discharge" means (1), in the case of enlisted personnel, separation or release from active duty under honorable conditions 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 said sections and preference shall be given to the parent or parents, not exceeding 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 the Army; in the case of personnel of the Navy and Marine Corps, the Secretary of the Navy; in the case of personnel of the Air Force, the Secretary of the Air Force; 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. (h) The terms "brother" and "sister" include brothers and sisters of the half blood as well as those of the whole blood, stepbrothers and stepsisters, and brothers and sisters through adoption. (Aug. 9, 1946, ch. 931, § 2, 60 Stat. 963; June 19, 1948, ch. 541, § 1 (a), 62 Stat. 506.) CODIFICATION "United States Air Force" and "in the case of personnel of the Air Force, the Secretary of the Air Force" were inserted in subsecs. (a) and (f), respectively, under the authority of section 207 (a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of act July 26, 1947. Sections 205 (a) and 207 (a), (f) of act July 26, 1947, were repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act, Aug. 10, 1956, enacted "Title 10, Armed Forces", which in sections 3011-3013 and 8011-8013 continued the military Departments of the Army and Air Force under the administrative supervision of a Secretary of the Army and a Secretary of the Air Force, respectively. AMENDMENTS 1948 Subsec. (h) added by act June 19, 1948. EFFECTIVE Date of 1948 AMENDMENT Section 3 of act June 19, 1948, provided that the addition of subsec. (h) of this section by section 1 (a) of act June 19, 1948, should be effective from Aug. 9, 1946. SHORT TITLE Congress in enacting sections 31a-33 and 34-38 of this title provided by section 1 of act Aug. 9, 1946, that the sections should be popularly known as the "Armed Forces Leave Act of 1946". EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under section 3 of Title 14, Coast Guard, were excepted from the transfer of functions of officers, agencies, and employees of the Department of the Treasury to the Secretary of the Treasury, made by 1950 Reorg. Plan No. 26, § 1, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees. § 33. Pay and allowances for accumulated leave. (a) Enlisted personnel; warrant or commissioned officers. Leave to be settled and compensated for under section 35 of this title shall be compensable as follows: (1) In the case of leave accumulated as an enlisted member of the armed forces, on the basis of the base and longevity pay applicable to such member on the date of his discharge from enlisted service if discharged before August 31, 1946, or on August 31, 1946, if not so discharged, and an allowance computed at the rate of 70 cents a day for subsistence, plus, in the case of enlisted members of the first five grades with dependents on August 31, 1946, or former enlisted members of the first five grades with dependents at the time of discharge if prior to such date, an allowance computed at the rate of $1.25 a day for quarters. (2) In the case of leave accumulated or accrued as a member of the armed forces as a warrant or commissioned officer, on the basis of the base and longevity pay and allowances applicable to such member on August 31, 1946. (b) Absent or discharged hospitalized personnel. After August 31, 1946, members of the armed forces when absent on account of sickness or wounds, or when directed by the Secretary to be absent from duty to await orders pending action on disability retirement proceedings for any period in excess of the number of days' leave authorized by sections 31a-33 and 34-38 of this title, shall receive the same pay and allowances they would receive if not so absent; when absent with leave for other causes, members shall be entitled during such absence not exceeding the aggregate number of days' leave authorized by said sections to the same pay and allowances they would receive if not on leave and to any additional allowance or allowances otherwise provided by law for members while on leave. When the Secretary authorizes members to be absent in excess of the number of days' leave authorized by said sections, they shall not be entitled to any pay or allowances during such absence. When absent without leave or absent over leave, they shall forfeit all pay and allowances during such absence, unless such absence is excused as unavoidable. The Secretary of the Army may authorize persons who have accepted appointments as commissioned officers of the Regular Army pursuant to the provisions of sections 481, 505-505d, and 552c of Title 10, to be absent from duty to await orders assigning them to their initial-duty stations and during such absence they shall receive the same pay and allowances they would receive if not so absent. |