37 U.S.C. § 1006 — Advance payments

Page 242 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 1004 (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 490; Pub. L. 112–81, div. A, title VI, § 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117–263, div. A, title VI, § 626(h)(8), Dec. 23, 2022, 136 Stat. 2630.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1003 ......... 37:309. Oct. 12, 1949, ch. 681, § 509; restated May 19, 1952, ch. 310, § 3, 66 Stat. 80. Editorial Notes AMENDMENTS 2022—Pub. L. 117–263 substituted ‘‘sections 402 through 403b, 405, 414, 452, and 453’’ for ‘‘sections 402–403b, 474–477, 479–481, and 414’’. 2013—Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below. 2011—Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9), substituted ‘‘402–403b, 474–477’’ for ‘‘402–407’’ and ‘‘479–481’’ for ‘‘409–411’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if in- cluded in Pub. L. 112–81 as enacted. § 1004. Computation of pay and allowances for month or part of month A member of a uniformed service who is enti- tled to pay and allowances under this title for a continuous period of less than one month is en- titled to his pay and allowances for each day of that period at the rate of 1⁄30 of the monthly amount of his pay and allowances. The thirty- first day of a calendar month may not be ex- cluded from a computation under this section. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 490.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1004 ......... 37:310. Oct. 12, 1949, ch. 681, § 510, 63 Stat. 828. § 1005. Army, Air Force, and Space Force: prompt payments required Members of the Army, the Air Force, and the Space Force shall be paid at such times that ar- rears will at no time be more than two months, unless circumstances make further arrears un- avoidable. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 490; Pub. L. 116–283, div. A, title IX, § 925(k)(1)(A), (B), Jan. 1, 2021, 134 Stat. 3829.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1005 ......... 37:310b. R.S. 1189. The applicability of this section to members of the Air Force is based on Department of Defense Transfer Order No. 25, dated October 14, 1948. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘Army, Air Force, and Space Force: prompt payments required’’ for ‘‘Army and Air Force: prompt payments required’’ in section catchline and ‘‘, the Air Force, and the Space Force’’ for ‘‘and of the Air Force’’ in text. § 1006. Advance payments (a) Under regulations prescribed by the Sec- retary concerned, a member of a uniformed serv- ice may be paid in advance— (1) not more than three months’ pay of such member upon such member’s change of perma- nent station; or (2) the amount of an allotment made from such member’s pay to a dependent if such member is assigned or scheduled for assign- ment to sea duty or other duty with a unit or command deployed or to be deployed outside the United States and the allotment is made by such member not more than sixty days be- fore the scheduled date of the assignment of such member to such duty. (b) Under regulations prescribed by the Sec- retary concerned, a member of a uniformed serv- ice who is on duty at a distant station where the pay and emoluments to which he is entitled can- not be disbursed regularly, may be paid in ad- vance. (c) Under regulations prescribed by the Sec- retary concerned, an advance of pay to a mem- ber of a uniformed service who is on duty out- side the United States, or other place designated by the Secretary of Defense, of not more than two months’ basic pay may be made to a mem- ber if the member or the dependents of the mem- ber are ordered evacuated by competent author- ity. An advance of pay under this subsection is not subject to the conditions under which ad- vances of pay may be made under subsection (a) or (b). An advance may be made on the basis of the evacuation of a member’s dependents only if all dependents of members of the uniformed services are ordered evacuated from the place where the member’s dependents are located. In the case of a member with dependents, the pay- ment may be made directly to dependents pre- viously designated by the member. The Sec- retary concerned or his designee may waive any right of recovery of not more than one month’s basic pay advanced under this subsection if he finds that recovery of the advance would be against equity and good conscience or against the public interest. (d) If a person to whom an advance of pay is made under subsection (a), (b), or (c) dies or is separated from his uniformed service, before liq- uidation of that advance, the amount remaining unliquidated at the time of his death or separa- tion shall be credited to the account of the dis- bursing officer concerned. However, the unliqui- dated amount remains a debt of that person or his estate to the United States. (e)(1) As far as practicable, regulations for the administration of subsections (a)–(d) shall be uniform for all of the uniformed services. (2)(A) Notwithstanding any other provision of law, an obligation for an advance of pay made Page 243 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 1006 pursuant to this section shall be recorded as an obligation only in the fiscal year in which the entitlement of the member to the pay accrues. (B) Current appropriations available for ad- vance payments under this section may be transferred to the prior fiscal year appropriation available for the same purpose in the amount of any unliquidated advance payments that remain at the end of such prior fiscal year. Such unliq- uidated advance payments shall then be credited to the current appropriation. (f) Under regulations prescribed by the Sec- retary of Homeland Security, an advance of pay of not more than three months’ pay may be made to an officer of the Coast Guard who is or- dered to sea duty or to or from shore duty be- yond the seas. In addition, the Commandant of the Coast Guard may direct such advances as he considers necessary and proper to members of the Coast Guard stationed at distant stations where the pay and emoluments to which they are entitled cannot be paid regularly. (g) Under regulations prescribed by the Sec- retary concerned, the dislocation allowance au- thorized by section 452(c)(2) of this title for a member of a uniformed service whose depend- ents are covered by section 452(b)(11) of this title may be paid in advance of the evacuation of the dependents and to the dependents designated by the member. (h) Notwithstanding subsections (a) and (b) of section 3324 of title 31, the Secretary concerned may, when the last day of the pay period falls on a Saturday, Sunday, or legal holiday, authorize the payment of pay and allowances to members of uniformed service under his jurisdiction on the preceding workday but not more than three days before the last day of that pay period. If a member dies after he has received an advance payment under this subsection, but before the last day of the pay period for which the payment is made, no part of the amount so advance is re- coverable by the United States. (i) Under regulations prescribed by the Sec- retary concerned, not more than one month’s pay may be paid in advance to a member of the Armed Forces Health Professions Scholarship program upon reporting for a period of active duty required by section 2121(c) of title 10. (j) Under regulations prescribed by the Sec- retary concerned, not more than one month’s pay may be paid in advance to a member of the Senior Reserve Officers’ Training Corps who is ordered to field training or a practice required under section 2109 of title 10. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 490; Pub. L. 89–26, § 1(6), May 22, 1965, 79 Stat. 117; Pub. L. 89–193, Sept. 21, 1965, 79 Stat. 823; Pub. L. 89–718, § 70, Nov. 2, 1966, 80 Stat. 1123; Pub. L. 90–623, § 3(1), (9), Oct. 22, 1968, 82 Stat. 1314, 1315; Pub. L. 96–76, title III, § 313(b), Sept. 29, 1979, 93 Stat. 586; Pub. L. 96–215, § 3, Mar. 25, 1980, 94 Stat. 123; Pub. L. 96–343, § 8, Sept. 8, 1980, 94 Stat. 1128; Pub. L. 96–513, title V, § 516(23), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 97–60, title I, § 131(b), Oct. 14, 1981, 95 Stat. 1005; Pub. L. 97–258, § 3(j), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 99–145, title XIII, § 1303(b)(12), Nov. 8, 1985, 99 Stat. 741; Pub. L. 99–661, div. A, title VI, § 602(a), Nov. 14, 1986, 100 Stat. 3874; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–484, div. A, title VI, § 602(a), Oct. 23, 1992, 106 Stat. 2420; Pub. L. 103–160, div. A, title VI, § 605(a), Nov. 30, 1993, 107 Stat. 1679; Pub. L. 105–261, div. A, title VI, § 652, Oct. 17, 1998, 112 Stat. 2051; Pub. L. 107–296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–81, div. A, title VI, § 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117–263, div. A, title VI, § 626(h)(9), Dec. 23, 2022, 136 Stat. 2630.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1006(a) ..... 37:310c(a). Oct. 5, 1949, ch. 600, § 1, 63 Stat. 703. 1006(b) ..... 37:319c(b). Oct. 5, 1949, ch. 600, § 2; added Aug. 30, 1961, Pub. L. 87–188, § 1, 75 Stat. 416. 1006(c) ..... 37:310c–1. Oct. 5, 1949, ch. 600, § 2, 63 Stat. 704; redesignated as section 3, Aug. 30, 1961, Pub. L. 87–188, § 2, 75 Stat. 416. 1006(d) ..... 37:310d. 1006(e) ..... 37:310c (less (a) and (b)). 1006(f) ..... 14:465. [None.] In subsections (a) and (b), the words ‘‘a member of an armed force’’ are substituted for the words ‘‘commis- sioned and warrant officers, and enlisted men of the armed services.’’ The words ‘‘Secretary concerned’’ are substituted for the words ‘‘heads of the departments concerned’’ to conform to the definition in section 101(5) of this revised title. In subsection (b), the words ‘‘may be paid in advance’’ are substituted for the words ‘‘may have their pay and emoluments advanced’’. In subsection (c), the words ‘‘Secretary concerned’’ are substituted for the words ‘‘heads of the depart- ments concerned’’ to conform to the definition in sec- tion 101(5) of this revised title. The words ‘‘member of an armed force’’ are substituted for the words ‘‘mem- bers of the armed services’’. The words ‘‘who are’’ are substituted for the words ‘‘in the event such depend- ents are’’. The words ‘‘under subsection (a) or (b) of this section’’ are substituted for the words ‘‘in section 310c of this title’’ to reflect the section of this revised title which restates that section. The words ‘‘dependents of members of the armed forces’’ are substituted for the words ‘‘military dependents.’’ The words ‘‘at a place’’ are omitted as surplusage. In subsection (d), the words ‘‘If a’’ are substituted for the words ‘‘In the event the’’. The words ‘‘credited to the account’’ are substituted for the words ‘‘passed to credit in the account’’. Editorial Notes AMENDMENTS 2022—Subsec. (g). Pub. L. 117–263 substituted ‘‘section 452(c)(2)’’ for ‘‘section 477’’ and ‘‘section 452(b)(11)’’ for ‘‘section 475a(a)’’. 2013—Subsec. (g). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below. 2011—Subsec. (g). Pub. L. 112–81, § 631(f)(4)(A) as amended by Pub. L. 112–239, § 1076(a)(9), substituted ‘‘477’’ for ‘‘407’’ and ‘‘475a’’ for ‘‘405a’’. 2002—Subsec. (f). Pub. L. 107–296 substituted ‘‘Sec- retary of Homeland Security’’ for ‘‘Secretary of Trans- portation’’. 1998—Subsec. (e). Pub. L. 105–261 designated existing provisions as par. (1) and added par. (2). 1993—Subsec. (c). Pub. L. 103–160 substituted ‘‘the Secretary of Defense’’ for ‘‘the President’’ in first sen- tence. Page 244 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 1006 1992—Subsec. (c). Pub. L. 102–484 inserted first four sentences and struck out former first and second sen- tences which read as follows: ‘‘Under regulations pre- scribed by the Secretary concerned, an advance of pay to a member of a uniformed service who is on duty out- side the United States, or other place designated by the President, of not more than two months’ basic pay may be made directly to his previously designated depend- ents who are ordered evacuated by competent author- ity. An advance of pay under this subsection is not sub- ject to the conditions under which advances of pay may be made under subsection (a) or (b), and may be made only if all dependents of members of the uniformed services are ordered evacuated from the place where the member’s dependents are located.’’ 1991—Subsec. (c). Pub. L. 102–25 struck out ‘‘of this section’’ after ‘‘subsection (a) or (b)’’. Subsec. (d). Pub. L. 102–25 struck out ‘‘of this sec- tion’’ after ‘‘subsection (a), (b), or (c)’’. Subsec. (e). Pub. L. 102–25 struck out ‘‘of this section’’ after ‘‘subsections (a)–(d)’’. 1986—Subsec. (j). Pub. L. 99–661 added subsec. (j). 1985—Subsec. (h). Pub. L. 99–145 substituted ‘‘sub- sections (a) and (b) of section 3324’’ for ‘‘section 3324(a) and (b)’’. 1982—Subsec. (h). Pub. L. 97–258 substituted ‘‘section 3324(a) and (b) of title 31’’ for ‘‘section 3648 of the Re- vised Statutes (31 U.S.C. 529)’’ after ‘‘Notwith- standing’’. 1981—Subsec. (i). Pub. L. 97–60 added subsec. (i). 1980—Subsec. (a). Pub. L. 96–343 inserted provision au- thorizing an advance payment of the amount of an al- lotment made from the pay of a member of the uni- formed services to a dependent if the member is sched- uled for duty with a unit deployed outside the United States and the allotment is made not more than 60 days before the scheduled date of the assignment. Pub. L. 96–215, § 3(1), substituted ‘‘a uniformed serv- ice’’ for ‘‘an armed force or of the Public Health Serv- ice’’. Subsec. (b). Pub. L. 96–215, § 3(1), substituted ‘‘a uni- formed service’’ for ‘‘an armed force or of the Public Health Service’’. Subsec. (c). Pub. L. 96–215, § 3(1), (2), substituted ‘‘a uniformed service’’ for ‘‘an armed force or of the Public Health Service’’ and ‘‘members of the uniformed serv- ices’’ for ‘‘members of the armed forces or of the Public Health Service’’. Subsec. (d). Pub. L. 96–215, § 3(3), substituted ‘‘from his uniformed service’’ for ‘‘from his armed force or from the Public Health Service’’. Subsec. (e). Pub. L. 96–215, § 3(4), substituted ‘‘uni- formed services’’ for ‘‘armed forces and the Public Health Service’’. Subsec. (h). Pub. L. 96–513 substituted ‘‘3648 of the Re- vised Statutes (31 U.S.C. 529)’’ for ‘‘529 of title 31’’. Pub. L. 96–215, § 3(5), substituted ‘‘a uniformed serv- ice’’ for ‘‘an armed force or of the Public Health Serv- ice’’. 1979—Subsecs. (a) to (d) and (h). Pub. L. 96–76 inserted reference to the Public Health Service. 1968—Subsec. (a). Pub. L. 90–623, § 3(9), substituted ‘‘change of permanent station’’ for ‘‘permanent change of station’’. Subsec. (f). Pub. L. 90–623, § 3(1), substituted ‘‘Sec- retary of Transportation’’ for ‘‘Secretary of the Treas- ury’’. 1966—Subsec. (h). Pub. L. 89–718 redesignated as sub- sec. (h) the subsection relating to advance payment of pay and allowances when the last day of the pay period falls on a Saturday, Sunday, or legal holiday, formerly designated as subsec. (g). 1965—Subsec. (c). Pub. L. 89–26, § 1(6)(A), empowered the Secretary concerned or his designee to waive any right of recovery of not more than one month’s basic pay advanced if he finds that recovery of the advance would be against equity and good conscience or against the public interest. Subsec. (g). Pub. L. 89–193 added subsec. (g) relating to the payment of pay and allowances when the last day of the pay period falls on a Saturday, Sunday, or legal holiday. Pub. L. 89–26, § 1(6)(B), added subsec. (g) relating to advance payment of the dislocation allowance. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if in- cluded in Pub. L. 112–81 as enacted. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces. EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–484, div. A, title VI, § 602(b), Oct. 23, 1992, 106 Stat. 2420, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply with respect to evacuations on or after June 1, 1991.’’ EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–661, div. A, title VI, § 602(b), Nov. 14, 1986, 100 Stat. 3874, as amended by Pub. L. 100–26, § 3(2), Apr. 21, 1987, 101 Stat. 273, provided that: ‘‘Subsection (j) of section 1006 of title 37, United States Code, as added by subsection (a), shall apply with respect to pay payable for months beginning after the date of the enactment of this Act [Nov. 14, 1986].’’ 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 1979 AMENDMENT Amendment by Pub. L. 96–76 effective Oct. 1, 1979, see section 314 of Pub. L. 96–76, set out as a note under sec- tion 206 of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1965 AMENDMENT Pub. L. 89–26, § 2, May 22, 1965, 79 Stat. 117, as amend- ed by Pub. L. 89–608, § 1, Sept. 30, 1966, 80 Stat. 851; Pub. L. 92–176, Dec. 2, 1971, 85 Stat. 494, provided that: ‘‘This Act [enacting section 475a of this title and amending this section and sections 407 and 411 of this title] be- comes effective on February 1, 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. FISCAL YEAR OF RECORDATION OF OBLIGATIONS Pub. L. 94–212, title VII, § 744, Feb. 9, 1976, 90 Stat. 175, provided that: ‘‘Obligations hereafter incurred for ad- vance payments of pay and allowances pursuant to sec- tion 1006 of title 37, United States Code, shall be re- Page 245 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 1007 corded as obligations only in the fiscal year in which such payments are earned.’’ § 1007. Deductions from pay (a) The pay of an officer of an armed force may be withheld, under section 5512 of title 5, only for an indebtedness to the United States admit- ted by the officer or shown by the judgment of a court, or upon a special order issued in the dis- cretion of the Secretary of Defense (or the Sec- retary of Homeland Security, in the case of an officer of the Coast Guard when the Coast Guard is not operating as a service in the Navy), or upon the denial of relief of an officer pursuant to section 3527 of title 31. (b) An amount due to the United States from an enlisted member of the Army, the Air Force, or the Space Force for articles sold to the mem- ber on credit under section 4621(a)(1) or 9621(a)(1) of title 10, as the case may be, shall be deducted from the next pay due the member after the sale is reported. (c)(1) Under regulations prescribed by the Sec- retary concerned, an amount that a member of the uniformed services is administratively de- termined to owe the United States or any of its instrumentalities may be deducted from the member’s pay in monthly installments. (2) After the deduction of pay forfeited by the sentence of a court-martial, if any, or otherwise authorized by law to be withheld, the deductions authorized by this section may not reduce the pay actually received by a member of the uni- formed services for any month to less than one- third of the member’s pay for that month. (3)(A) If the indebtedness of a member of the uniformed services to the United States is due to the overpayment of pay or allowances to the member through no fault of the member, the amount of the overpayment shall be recovered in monthly installments. The amount deducted from the pay of the member for a month to re- cover the overpayment amount may not exceed 15 percent of the member’s pay for that month unless the member requests or consents to col- lection of the overpayment at an accelerated rate. (B) In all cases described in subparagraph (A), the Secretary concerned shall provide a reason- able opportunity for the member to request a delay in the imposition of the repayment re- quirement to recover the indebtedness. Before beginning collection efforts, the Secretary con- cerned shall consider the reasons provided by the member for the requested delay, including the financial ability of the member to repay the indebtedness, and the hardship that immediate collection would impose on the member and the member’s dependents. (C)(i) In accordance with clause (ii), if the in- debtedness of a member of the uniformed serv- ices to the United States occurs, through no fault of the member, as a result of the overpay- ment of pay or allowances to the member or upon the settlement of the member’s accounts, the Secretary concerned may not recover the in- debtedness from the member, including a retired or former member, using deductions from the pay of the member, deductions from retired or separation pay, or any other collection method unless recovery of the indebtedness commences before the end of the 10-year period beginning on the date on which the indebtedness was in- curred. (ii) Clause (i) applies with respect to indebted- ness incurred on or after the date of the enact- ment of the National Defense Authorization Act for Fiscal Year 2017. (D)(i) Not later than January 1 of each of 2017 through 2027, the Director of the Defense Fi- nance and Accounting Service shall review all cases occurring during the 10-year period prior to the date of the review of indebtedness of a member of the uniformed services, including a retired or former member, to the United States in which— (I) the recovery of the indebtedness com- menced after the end of the 10-year period be- ginning on the date on which the indebtedness was incurred; or (II) the Director did not otherwise notify the member of such indebtedness during such 10- year period. (ii) The Director shall submit to the congres- sional defense committees and the Committees on Veterans’ Affairs of the House of Representa- tives and the Senate each review conducted under clause (i), including the amounts owed to the United States by the members included in such review. (4)(A) If a member of the uniformed services, through no fault of the member, incurs a wound, injury, or illness while in the line of duty in a combat operation or combat zone designated by the President or the Secretary of Defense, any overpayment of pay or allowances made to the member while the member recovers from the wound, injury, or illness may not be deducted from the member’s pay until— (i) the member is notified of the overpay- ment; and (ii) the later of the following occurs: (I) The end of the 180-day period beginning on the date of the completion of the tour of duty of the member in the combat operation or combat zone. (II) The end of the 90-day period beginning on the date of the reassignment of the mem- ber from a military treatment facility or other medical unit outside of the theater of operations. (B) Subparagraph (A) shall not apply if the member, after receiving notification of the over- payment, requests or consents to initiation at an earlier date of the collection of the overpay- ment of the pay or allowances. (d) Subject to subsection (c), an amount due the United States from an enlisted member of the Army, the Air Force, or the Space Force may be deducted from the member’s pay on final statement, or from the member’s savings on his clothing allowance. (e) The amount of any damage, or cost of re- pairs, to arms or equipment caused by the abuse or negligence of a member of the Army, Navy, Air Force, Marine Corps, or Space Force, as the case may be, who had the care of, or was using, the property when it was damaged, shall be de- ducted from his pay.