§ 501. — Payments for unused accrued leave.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC501]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 9--LEAVE
Sec. 501. Payments for unused accrued leave
(a) In this section, the term ``discharge'' means--
(1) in the case of an enlisted member, separation or release
from active duty under honorable conditions, termination of an
enlistment in conjunction with the commencement of a successive
enlistment (without regard to the date of the expiration of the term
of the enlistment being terminated), or appointment as an officer;
(2) in the case of an officer, separation or release from active
duty under honorable conditions; and
(3) in the case of either an officer or an enlisted member,
death while on active duty unless the decedent was put to death as
lawful punishment for a crime or a military offense.
(b)(1) A member of the Army, Navy, Air Force, Marine Corps, Coast
Guard, or National Oceanic and Atmospheric Administration, who has
accrued leave to his credit at the time of his discharge, is entitled to
be paid in cash or by a check on the Treasurer of the United States for
such leave on the basis of the basic pay to which he was entitled on the
date of discharge.
(2) Payment may not be made under this subsection to a member who is
discharged for the purpose of accepting an appointment or a warrant in
any uniformed service.
(3) Payment may not be made to a member for any leave he elects to
have carried over to a new enlistment in any uniformed service on the
day after the date of his discharge; but payment may be made to a member
for any leave he elects not to carry over to a new enlistment. However,
the number of days of leave for which payment is made may not exceed
sixty, less the number of days for which payment was previously made
under this section after February 9, 1976.
(4) A member to whom a payment may not be made under this
subsection, or a member who reverts from officer to enlisted status,
carries the accrued leave standing to his credit from the one status to
the other within any uniformed service.
(5) The limitation in the second sentence of paragraph (3) and in
subsection (f) shall not apply with respect to leave accrued--
(A) by a member of a reserve component while serving on active
duty in support of a contingency operation;
(B) by a member of the armed forces in the Retired Reserve while
serving on active duty in support of a contingency operation;
(C) by a retired member of the Regular Army, Regular Navy,
Regular Air Force, or Regular Marine Corps or a member of the Fleet
Reserve or Fleet Marine Corps Reserve while the member is serving on
active duty in support of a contingency operation; or
(D) by a member of a reserve component while serving on active
duty, full-time National Guard duty, or active duty for training for
a period of more than 30 days but not in excess of 365 days.
(c) Unused accrued leave for which payment is made under subsection
(b) is not considered as service for any purpose.
(d)(1) Payments for unused accrued leave under subsections (b) and
(g), in the case of a member who dies while on active duty or in the
case of a member or former member who dies after retirement or discharge
and before he receives that payment, shall be made in accordance with
section 2771 of title 10. In the case of a member who dies while on
active duty, payment for unused accrued leave under subsections (b) and
(g) shall be based upon the unused accrued leave the member carried
forward into the leave year during which he died plus the unused leave
that accrued to him during that leave year.
(2) The limitations in the second sentence of subsection (b)(3),
subsection (f), and the second sentence of subsection (g) shall not
apply with respect to a payment made under this subsection.
(e)(1) A member of the Army, Navy, Air Force, Marine Corps, Coast
Guard, or National Oceanic and Atmospheric Administration who is
discharged under other than honorable conditions forfeits all accrued
leave to his credit at the time of his discharge.
(2) The Secretary concerned may require that a member of a uniformed
service who is discharged before completing six months of active duty
because of a failure to serve satisfactorily (as determined by the
Secretary concerned) forfeit all accrued leave to his credit at the time
of his discharge.
(f) The number of days upon which payment under subsection (b) or
(g) is based may not exceed sixty, less the number of days for which
payment has been previously made under such subsections after February
9, 1976. For the purposes of this subsection, the number of days upon
which payment may be based shall be determined without regard to any
break in service or change in status in the uniformed services.
(g) An officer of the Regular Corps of the Public Health Service, or
an officer of the Reserve Corps of the Public Health Service on active
duty, who is credited with accumulated and accrued annual leave on the
date of his separation, retirement, or release from active duty, shall,
if his application for that leave is approved by the Secretary of Health
and Human Services, be paid for that leave in a lump-sum on the basis of
his basic pay, subsistence allowance, and allowance for quarters whether
or not he is receiving that allowance on that date. However, the number
of days upon which the lump-sum payment is based is subject to
subsection (f). A lump-sum payment may not be made under this subsection
to an officer--
(1) whose appointment expires or is terminated and who, without
a break in active service, accepts a new appointment;
(2) who is retired for age in time of war and is continued on,
or recalled to, active duty without a break in active service; or
(3) who is transferred to another department or agency of the
United States under circumstances in which, by any other law, his
leave may be transferred.
In this subsection, the term ``accumulated annual leave'' means unused
accrued annual leave carried forward from one leave year into the next
leave year, and the term ``accrued annual leave'' means the annual leave
accruing to an officer during one leave year.
(h) Payment shall be made for all leave accumulated under section
701(g) of title 10 as soon as possible after the name of the person
concerned is removed from a missing status, as defined in section 551(2)
of this title.
(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 480; Pub. L. 89-151, Secs. 1,
2, Aug. 28, 1965, 79 Stat. 586; Pub. L. 89-718, Secs. 49(a)(1), 65, Nov.
2, 1966, 80 Stat. 1121, 1123; Pub. L. 92-596, Sec. 2, Oct. 27, 1972, 86
Stat. 1318; Pub. L. 94-361, title III, Sec. 304(a)-(g), July 14, 1976,
90 Stat. 925, 926; Pub. L. 96-513, title V, Sec. 516(14), Dec. 12, 1980,
94 Stat. 2938; Pub. L. 98-525, title VI, Sec. 606(a), Oct. 19, 1984, 98
Stat. 2537; Pub. L. 99-145, title VI, Sec. 682, Nov. 8, 1985, 99 Stat.
665; Pub. L. 100-26, Sec. 8(e)(6), (9), Apr. 21, 1987, 101 Stat. 286,
287; Pub. L. 102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105
Stat. 117; Pub. L. 102-190, div. A, title VI, Sec. 637, Dec. 5, 1991,
105 Stat. 1383; Pub. L. 104-106, div. A, title VI, Sec. 641, Feb. 10,
1996, 110 Stat. 368; Pub. L. 106-65, div. A, title VI, Sec. 671, Oct. 5,
1999, 113 Stat. 674; Pub. L. 107-107, div. A, title VI, Sec. 651(a),
Dec. 28, 2001, 115 Stat. 1152.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
501(a)................................ 37:32(b), (d), (e), and (h). Aug. 9, 1946, ch. 931, Sec. 2(b),
(d), (e), (g), and (h), 60 Stat.
963; June 19, 1948, ch. 541, Sec.
1(a), 62 Stat. 506.
501(b)................................ 37:33(c) (less 3d and last Aug. 9, 1946, ch. 931, Sec. 4(c),
sentences). (d), 60 Stat. 964; restated Aug.
37:32(g). 4, 1947, ch. 475, Sec. 1 (less
1st 2 pars.), 61 Stat. 748; July
24, 1956, ch. 682, Sec. 1, 70
Stat. 625.
37:39 (less last proviso). Aug. 17, 1949, ch. 452, Sec. 1
(less last proviso), 63 Stat. 611.
501(c)................................ 37:33(c) (3d sentence).
501(d)................................ 37:33(c) (last sentence).
501(e)................................ 37:33(d).
501(f)................................ 37:31a(b) (proviso). Aug. 9, 1946, ch. 931, Sec. 3(b)
(proviso); added Sept. 23, 1950,
ch. 998, Sec. 1 (proviso), 64
Stat. 979.
501(g)................................ 42:210-1(c) (last sentence). July 1, 1944, ch. 373, Sec. 219(c)
42:210-1(d) (as applicable to (last sentence), (d) (as
42:210-1(c) (last sentence)). applicable to (c) (last
sentence)); added Aug. 9, 1950,
ch. 654, Sec. 2 (last sentence of
3d par., and 4th par., as
applicable to last sentence of 3d
par.), 64 Stat. 426.
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In subsection (a), the word ``officer'' is substituted for the words
``commissioned officer or warrant officer'', in section 32(b) of
existing title 37. The words ``persons may be treated as parents for the
purposes of this clause'' are substituted for the words ``parents may
receive the benefits provided under said sections'' in section 32(e) of
existing title 37.
In subsections (b)-(d) and (f), the word ``payment'' is substituted
for the word ``settlement''.
In subsection (b), the words ``in pay grade E-9, E-8, E-7, E-6, or
E-5 with dependents, an allowance computed at the rate of $1.25 a day
for quarters'' are substituted for the words ``the allowances as
provided for such enlisted persons in subsection (a)''. The words
``after August 31, 1946'' are omitted as executed. The word ``basic'' is
substituted for the words ``base and longevity'' to reflect current
terminology.
In subsection (c), the word ``accrued'' is inserted to conform to
subsection (b). The words ``and compensated for in cash'' are omitted as
surplusage.
In subsection (d), the words ``and compensation'' and ``of the Armed
Forces'' are omitted as surplusage. The words ``before he receives'' are
substituted for the words ``without having received''.
In subsection (f), the words ``cash'' and ``unused or accumulated''
are omitted as surplusage. The words ``subsequent to August 31, 1946''
are omitted as executed.
In subsection (g), the word ``retirement'' is omitted as covered by
the words ``separation or release from active duty''. The words ``under
this subsection'' are substituted for the words ``for such unused
leave''. The word ``appointment'' is substituted for the word
``commission''.
Amendments
2001--Subsec. (b)(5)(D). Pub. L. 107-107 added subpar. (D).
1999--Subsec. (a)(1). Pub. L. 106-65, Sec. 671(1), inserted ``,
termination of an enlistment in conjunction with the commencement of a
successive enlistment (without regard to the date of the expiration of
the term of the enlistment being terminated),'' after ``honorable
conditions''.
Subsec. (b)(2). Pub. L. 106-65, Sec. 671(2), struck out ``, or
entering into an enlistment,'' after ``or a warrant''.
1996--Subsec. (d)(1). Pub. L. 104-106, Sec. 641(a)(1), struck out at
end ``Except as provided in paragraph (2), the number of days upon which
payment is based is subject to subsection (f).''
Subsec. (d)(2). Pub. L. 104-106, Sec. 641(a)(2), added par. (2) and
struck out former par. (2) which read as follows: ``In the case of a
member of the uniformed services who dies as a result of an injury or
illness incurred while serving on active duty in support of a
contingency operation, the limitations in the second sentence of
subsection (b)(3), subsection (f), and the second sentence of subsection
(g) shall not apply with respect to a payment made under this subsection
for leave accrued during the contingency operation.''
Subsec. (f). Pub. L. 104-106, Sec. 641(b), struck out ``, (d),''
before ``or (g) is based''.
1991--Subsec. (b)(5). Pub. L. 102-190, Sec. 637(b), added par. (5).
Subsec. (c). Pub. L. 102-25, Sec. 702(b)(1), struck out ``of this
section'' after ``subsection (b)''.
Subsec. (d). Pub. L. 102-190, Sec. 637(a), designated existing
provisions as par. (1), substituted ``Except as provided in paragraph
(2),'' for ``However,'', and added par. (2).
Pub. L. 102-25, Sec. 702(b)(1), struck out ``of this section'' after
``subsections (b) and (g)'' in two places.
Subsec. (f). Pub. L. 102-25, Sec. 702(b)(1), struck out ``of this
section'' after ``subsection (b), (d), or (g)''.
1987--Subsec. (a). Pub. L. 100-26, Sec. 8(e)(6), inserted ``the
term'' after ``In this section,''.
Subsec. (g). Pub. L. 100-26, Sec. 8(e)(9), inserted ``the term''
before `` `accumulated annual leave' '' and `` `accrued annual leave'
''.
1985--Subsecs. (b)(3), (f). Pub. L. 99-145 substituted ``February 9,
1976'' for ``September 1, 1976''.
1984--Subsec. (e). Pub. L. 98-525, Sec. 606(a), designated existing
provisions as par. (1) and added par. (2).
1980--Subsec. (b)(3). Pub. L. 96-513, Sec. 516(14)(A), substituted
``September 1, 1976'' for ``the first day of the second calendar month
following the month in which the Department of Defense Appropriation
Authorization Act, 1977, was enacted''.
Subsec. (d). Pub. L. 96-513, Sec. 516(14)(B), substituted ``unused''
for ``unusued''.
Subsec. (f). Pub. L. 96-513, Sec. 516(14)(A), (C), substituted
``September 1, 1976'' for ``the first day of the second calendar month
following the month in which the Department of Defense Appropriation
Authorization Act, 1977, was enacted'', and inserted ``of this section''
after ``(g)''.
Subsec. (g). Pub. L. 96-513, Sec. 516(14)(C), substituted
``Secretary of Health and Human Services'' for ``Surgeon General''.
1976--Subsec. (a). Pub. L. 94-361, Sec. 304(a), (b), struck out cl.
(1) designation for existing provisions, made definition applicable to
the section rather than to subsecs. (b) to (f) of this section, and
redesignated as cls. (1), (2), and (3) former subcls. (A), (B), and (C);
and struck out former cls. (2), (3), and (4) defining ``child'',
``parent'', and ``brother or sister'', respectively.
Subsec. (b). Pub. L. 94-361, Sec. 304(c), in revising text,
incorporated in provisions designated par. (1) provisions of former
first and second sentences for payments for unused accrued leave of
officers and enlisted members, striking out consideration of allowances
to officers and of allowances to enlisted members computed at rate of 70
cents a day for subsistence and of allowance to enlisted members in pay
grades E-9 through E-5 with dependents at rate of $1.25 for quarters,
and substituting ``National Oceanic and Atmospheric Administration'' for
``Environmental Science Services Administration''; incorporated in par.
(2) provisions of item (1) of former third sentence, substituting ``in
any uniformed service'' for ``in his armed force''; incorporated in par.
(3) provisions of item (2) of former third sentence, substituting ``in
any uniformed service'' for ``in his armed force'' and inserting
provisions for payment for leave not carried over to a new enlistment
and prescribing number of days of leave for which payment may be made;
and designated last (the fourth) sentence as par. (4), substituting
``within any uniformed service'' for ``within his armed force''.
Subsec. (d). Pub. L. 94-361, Sec. 304(d), substituted provision
making the number of days upon which payment is based subject to subsec.
(f) for provision limiting to not more than 60 the number of days upon
which the payment is based.
Subsec. (e). Pub. L. 94-361, Sec. 304(e), substituted ``National
Oceanic and Atmospheric Administration'' for ``Environmental Science
Services Administration''.
Subsec. (f). Pub. L. 94-361, Sec. 304(f), added subsec. (f). Former
subsec. (f), prohibiting payment for leave in excess of 60 days upon
discharge or retirement, was struck out.
Subsec. (g). Pub. L. 94-361, Sec. 304(g), substituted provision
making the number of days upon which the lump-sum payment is based
subject to subsec. (f) for provision limiting to not more than 60 the
number of days upon which the lump-sum payment is based.
1972--Subsec. (d). Pub. L. 92-596, Sec. 2(1), inserted reference to
accumulated leave under subsection (h) of this section.
Subsec. (h). Pub. L. 92-596, Sec. 2(2), added subsec. (h).
1966--Subsecs. (b), (e). Pub. L. 89-718, Sec. 49(a)(1), substituted
``Environmental Science Services Administration'' for ``Coast and
Geodetic Survey''.
Subsec. (d). Pub. L. 89-718, Sec. 65, substituted ``60'' for
``sixty''.
1965--Subsec. (a)(1). Pub. L. 89-151, Sec. 1, added subpar. (C).
Subsec. (d). Pub. L. 89-151, Sec. 2, included members who die while
on active service and payments for unused accrued leave of members of
the Public Health Service, substituted provisions referring to section
2771 of title 10 to find the mode of payment for provision spelling out
the mode of payment in detail, omitted provisions prohibiting payment
under this section in the event of no survivor and making valid any
payments to survivors between the ages of 17 and 21, and inserted
provisions basing payment for unused leave in the event of members dying
while on active duty upon accrued leave carried forward into the year
plus leave accruing during the year with a limit of 60 days.
Effective Date of 2001 Amendment
Pub. L. 107-107, div. A, title VI, Sec. 651(b), Dec. 28, 2001, 115
Stat. 1153, provided that: ``Subparagraph (D) of section 501(b)(5) of
title 37, United States Code, as added by subsection (a)(3), shall apply
with respect to periods of active duty beginning on or after October 1,
2001.''
Effective Date of 1984 Amendment
Section 606(b) of Pub. L. 98-525 provided that: ``The amendments
made by subsection (a) [amending this section] shall apply in the case
of members of the uniformed service (as defined in section 101(3) of
title 37, United States Code) who enlist or are commissioned on or after
the date of the enactment of this Act [Oct. 19, 1984].''
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of
Title 10, Armed Forces.
Effective Date of 1972 Amendment
Amendment by Pub. L. 92-596 effective Feb. 28, 1961, see section 3
of Pub. L. 92-596, set out as a note under section 701 of Title 10,
Armed Forces.
Effective Date of 1965 Amendment
Section 4 of Pub. L. 89-151 provided that: ``This Act [amending this
section and section 701 of Title 10, Armed Forces] applies only in the
case of members who die on or after the date of enactment [Aug. 28,
1965]''.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Treatment of Accumulated Leave in Connection With Active Duty During
Persian Gulf Conflict
Section 309(a) of Pub. L. 102-25 provided that: ``In the case of a
member of the uniformed services who dies as a result of an injury or
illness incurred while serving on active duty during the Persian Gulf
conflict, the limitation in the second sentence of subsection (b)(3) of
section 501 of title 37, United States Code, and in subsection (f) of
that section shall not apply with respect to a payment made pursuant to
subsection (d) of that section for leave accrued during fiscal year 1990
or 1991.''
Pub. L. 101-510, div. A, title XI, Sec. 1115, Nov. 5, 1990, 104
Stat. 1636, as amended by Pub. L. 102-25, title III, Secs. 309(b),
314(1), (3), Apr. 6, 1991, 105 Stat. 83, 86, provided that:
``(a) Inapplicability of Eligibility Limitation.--The limitation in
the second sentence of subsection (b)(3) of section 501 of title 37,
United States Code, and in subsection (f) of that section does not apply
with respect to the following leave:
``(1) Leave accrued by a member of a reserve component of the
Armed Forces while serving on active duty (other than for training)
in connection with the Persian Gulf conflict pursuant to an order to
active duty authorized under section 672, 673, 673b, or 674 [now
12301, 12302, 12304, or 12306] of title 10, United States Code.
``(2) Leave accrued by a member of the Armed Forces in the
Retired Reserve while serving on active duty in connection with the
Persian Gulf conflict pursuant to an order to active duty authorized
by section 675 [now 12307] of title 10, United States Code.
``(3) Leave accrued by a retired member of the Regular Army,
Regular Navy, Regular Air Force, or Regular Marine Corps, a member
of the Retired Reserve, or a member of the Fleet Reserve or Fleet
Marine Corps Reserve while such retired member or member, as the
case may be, is serving on active duty in connection with the
Persian Gulf conflict pursuant to an order to active duty authorized
by section 688 of title 10, United States Code.
``(4) Leave accrued by a member referred to in paragraph (1),
(2), or (3) while serving on active duty (other than for training)
in connection with the Persian Gulf conflict pursuant to an order to
such active duty issued with the consent of the member during a
period in which members of the Armed Forces are being ordered to
active duty in connection with such operation pursuant to a
provision of title 10, United States Code, referred to in such
paragraph.
``(b) Saving Provision for Certain Accrued Leave.--(1) Subject to
paragraph (2), a member of the Armed Forces who, under section 701(f) of
title 10, United States Code--
``(A) would lose any accumulated leave in excess of 60 days at
the end of fiscal year 1991 shall be permitted to retain such leave
until the end of fiscal year 1992; or
``(B) would lose any accumulated leave in excess of 60 days at
the end of fiscal year 1992 (other than by reason of clause (A))
shall be permitted to retain such leave until the end of fiscal year
1993.
``(2) In no case may a member be permitted to accumulate leave under
this section in excess of 90 days.
``(c) Regulations.--The Secretary of Defense shall prescribe
regulations establishing standards and procedures for the administration
of this section.''
[Section 309(c) of Pub. L. 102-25 provided that: ``The amendment
made by subsection (b) [amending section 1115(a) of Pub. L. 101-510, set
out above] shall take effect as of November 5, 1990.'']
Options of Members As To Basis of Payment for Accrued Leave
Section 304(h) of Pub. L. 94-361 provided that: ``Notwithstanding
the provisions of section 501(b)(1) of title 37, United States Code, as
amended by subsection (c), and subject to the limitations prescribed in
section 501(b)(3) of such title, as amended by subsection (c), any leave
accrued by any member of the Army, Navy, Air Force, Marine Corps, Coast
Guard, or National Oceanic and Atmospheric Administration prior to the
first day of the second calendar month following the month [July, 1976]
in which this section is enacted shall, at the option of such member, be
paid for on the same basis such leave would have been paid for under the
provisions of section 501(b) of title 37, United States Code, on the day
prior to the first day of the second calendar month following the month
in which this section is enacted''.
Section Referred to in Other Sections
This section is referred to in title 10 section 701.
