10 USC § 1149 - Excess leave and permissive temporary duty

---
identifier: "/us/usc/t10/s1149"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 1149 - Excess leave and permissive temporary duty"
title_number: 10
title_name: "ARMED FORCES"
section_number: "1149"
section_name: "Excess leave and permissive temporary duty"
chapter_number: 58
chapter_name: "BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR RECENTLY SEPARATED"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 101–510, div. A, title V, § 502(a)(1), Nov. 5, 1990, 104 Stat. 1557; amended Pub. L. 103–337, div. A, title V, § 542(a)(8), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–239, div. A, title X, § 1076(f)(17), Jan. 2, 2013, 126 Stat. 1952.)"
---


# § 1149. Excess leave and permissive temporary duty

Under regulations prescribed by the Secretary of Defense or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, the Secretary concerned shall grant a member of the armed forces who is to be involuntarily separated such excess leave (for a period not in excess of 30 days), or such permissive temporary duty (for a period not in excess of 10 days), as the member requires in order to facilitate the member’s carrying out necessary relocation activities (such as job search and residence search activities), unless to do so would interfere with military missions.

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**Source Credit**: (Added Pub. L. 101–510, div. A, title V, § 502(a)(1), Nov. 5, 1990, 104 Stat. 1557; amended Pub. L. 103–337, div. A, title V, § 542(a)(8), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–239, div. A, title X, § 1076(f)(17), Jan. 2, 2013, 126 Stat. 1952.)

## Editorial Notes

### Amendments

2013— inserted “when it is not operating as a service in the Navy” after “Coast Guard”.

2002— substituted “of Homeland Security” for “of Transportation”.

1994— inserted “or the Secretary of Transportation with respect to the Coast Guard” after “Secretary of Defense” and struck out “of the military department” before “concerned”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2002 Amendment

Amendment by  effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see , set out as a note under .

### Effective Date of 1994 Amendment

Amendment by  applicable only to members of the Coast Guard who are separated after , see , set out as a note under .