Pub. L. 94-361, tit. III, sec. 304

Sec. 304. (a) Subsection (a) of section 501 of title 37, United States Code, is amended by (1) striking out “In subsections (b)–(f) of this section— “(1) ‘discharge’ means—” and inserting in lieu thereof “In this section, ‘discharge’ means—”; (2) redesignating subclauses (A), (B), and (C) of clause (1) as clauses (1), (2), and (3), respectively; and (8) striking out the semicolon at the end of clause (3), as redesignated, and inserting in lieu thereof a period. (b) Subsection (a) of such section is further amended by striking out clauses (2), (3), and (4). (c) Subsection (b) of such section is amended to read as follows: “(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. 90 STAT. 926 “(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, or entering into an enlistment, 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 the first day of the second calendar month following the month in which the Department of Defense Appropriation Authorization Act, 1977, was enacted. “(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.”. (d) The last sentence of subsection (d) of such section is amended to read as follows: “However, the number of days upon which payment is based is subject to subsection (f).”. (e) Subsection (e) of such section is amended by striking out “Environmental Science Services Administration” and inserting in lieu thereof “National Oceanic and Atmospheric Administration”. (f) Subsection (f) is amended to read as follows: “(f) The number of days upon which payment under subsection (b), (d), or (g) is based may not exceed sixty, less the number of days for which payment has been previously made under such subsections after the first day of the second calendar month following the month in which the Department of Defense Appropriation Authorization Act, 1977, was enacted. For the purposes of this subsection, the number of days upon which payment may tie based shall be determined without regard to any break in service or change in status in the uniformed services.”. (g) The second sentence of subsection (g) is amended to read as follows: “However, the number of days upon which the lump-sum payment is based is subject to subsection (f).”. (h) 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 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.