10 U.S.C. § 876a
Art. 76a. Leave required to be taken pending review of certain court-martial convictions
Under regulations prescribed by the Secretary concerned, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this subchapter if the sentence includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin such leave on the date of the entry of judgment under section 860c of this title (article 60c) or at any time after such date, and such leave may be continued until the date on which action under this subchapter is completed or may be terminated at any earlier time.
Notes of Decisions
Cited in 48
cases (18 in the last 5 years), 1984–2022 · leading case: Combs v. United States, 50 Fed. Cl. 592 (Fed. Cl. 2001).
Combs v. United States, 50 Fed. Cl. 592 (Fed. Cl. 2001). “10 U.S.C. §§ 876a, 706, 707. As will be explained infra at subsection C, a member on appellate leave is usually not entitled to be paid at all.”
United States v. Pena, 64 M.J. 259 (C.A.A.F. 2007). “Following his release from confinement under the Mandatory Supervised Release program, Appellant was placed on appellate leave under Article 76a, UCMJ, 10 U.S.C. § 876a (2000) (providing discretion, under military department regulations, to place a servieemember on involuntary…”
Steele v. Van Riper, 50 M.J. 89 (C.A.A.F. 1999). “In light of the Government's concession that appellant's sentence will not be executed, as well as his administrative separation from military service, it also appears that he will not be placed on involuntary appellate leave under Article 76a, UCMJ, 10 USC § 876a. III. DECISION…”
Josef T. Appelhans, Jr. v. United States, 877 F.2d 309 (4th Cir. 1989). “We note that excess leave is mandated in these circumstances by 10 U.S.C. § 876a. Under the terms of his excess leave, Appelhans was not entitled to pay or to accrued leave.”
Spriggs v. United States, 40 M.J. 158 (1994). “76a, UCMJ, 10 USC § 876a (“[A]n accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this sub-chapter if the sentence, as approved .”
Hollywood v. Yost, 20 M.J. 785 (1985). “The accused had been placed in a leave status pending review of his conviction, purportedly under 10 U.S.C. § 876a, (Article 76a, UCMJ), which became effective in January 1982 and reads as follows: § 876a.”
United States v. Pena, 61 M.J. 776 (A.F.C.C.A. 2005). “Whether the appellant was improperly placed on excess appellate leave and denied pay and allowances in violation of Article 76a, UCMJ, 10 U.S.C. § 876a, when his sentence to confinement was not completed or remitted and he was forced to fulfill conditions of mandatory…”
United States v. Felix, 36 M.J. 903 (1993). “See Article 76a, UCMJ, 10 U.S.C. § 876a (1988) (required leave).”
United States v. Bourgette, 27 M.J. 904 (1989). “Article 76a, UCMJ, 10 U.S.C. § 876a, see Air Force Regulation 111-1, Military Justice Guide, Chapter 15, figure 15-1 (para.”
United States v. Lonnette, 62 M.J. 296 (C.A.A.F. 2006). “2005); Article 76a, UCMJ, 10 U.S.C. § 876a (2000); Dep’t of Defense Financial Management Regulations (DoD FMR), vol.”
United States v. Nelson, 22 M.J. 550 (1986). “, 10 U.S.C. § 876a (Supp. I 1983); Army Regulation 630-5, Personnel Absences: Leaves, Passes, Permissive Temporary Duty, and Public Holidays, paras.”
Dukes v. Smith, 34 M.J. 803 (1991). “§ 875 ; an appellate leave action taken pursuant to Article 76a, UCMJ, 10 U.S.C. § 876a; the conduct or results of a court of inquiry pursuant to Article 135, UCMJ, 10 U.”
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