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37 U.S.C. § 503Absence without leave or over leave

submitted 64 years ago by Pub. L. 87-649 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 205 words · no verdicts yet

in plain englishAI-generated · not legal advice

A service member who's absent without leave, or overstays their leave, loses all pay and allowances for that time unless the absence was unavoidable. The Secretary of Defense can decide to pay anyway for certain armed-forces members, but must report each such decision to Congress within 30 days.

(a)(1) Subject to paragraph (2), a member of the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, or National Oceanic and Atmospheric Administration who is absent without leave, or stays away longer than their leave, forfeits all pay and allowances for the period of that absence, unless the absence is excused as unavoidable. (2)(A) For a member of the Army, Navy, Air Force, Marine Corps, or Coast Guard when it's operating as a service in the Department of the Navy, the Secretary of Defense may decide to pay that pay and allowances anyway. (B) Only the Secretary personally may make that determination — it cannot be delegated. (C) Within 30 days of deciding to pay under subparagraph (A), the Secretary must report that determination to the Senate and House Committees on Armed Services. (b) A commissioned officer of the Regular Corps of the Public Health Service, or a Reserve Corps officer on active duty, who is absent without leave, likewise forfeits all pay and allowances for the period of that absence, unless the absence is excused as unavoidable.
the actual law source: uscode.house.gov ↗public domain
(a)
(1)

Subject to paragraph (2), a member of the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, or National Oceanic and Atmospheric Administration, who is absent without leave or over leave, forfeits all pay and allowances for the period of that absence, unless it is excused as unavoidable.

(2)
(A)

In the case of a member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard when it is operating as service in the Department of the Navy, the Secretary of Defense may determine to pay the pay and allowances described in paragraph (1).

(B)

The Secretary may not delegate the authority to make a determination under subparagraph (A).

(C)

Not later than 30 days after determining to pay any pay or allowance under subparagraph (A), the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding such determination.

(b)

A commissioned officer of the Regular Corps of the Public Health Service, or an officer of the Reserve Corps 1 of the Public Health Service on active duty, who is absent without leave, forfeits all pay and allowances for the period of that absence, unless it is excused as unavoidable.

Source credit: (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 482; Pub. L. 89–718, § 49(a)(1), Nov. 2, 1966, 80 Stat. 1121; Pub. L. 96–513, title V, § 516(15), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 116–283, div. A, title IX, § 925(g)(1)(C), Jan. 1, 2021, 134 Stat. 3827; Pub. L. 118–31, div. A, title VI, § 603, Dec. 22, 2023, 137 Stat. 289.)

history & why it existsrecord from the source credit
  • 1962Enacted · Pub. L. 87-649 · 76 Stat. 482
  • 1966Amended · Pub. L. 89-718 · 80 Stat. 1121
  • 1980Amended · Pub. L. 96-513 · 94 Stat. 2939
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3827
  • 2023Amended · Pub. L. 118-31 · 137 Stat. 289

A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-649 on 1962-09-07.

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