37 U.S.C. § 805 — Untitled legal text

Page 232 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES [§ 801 any losses or damages suffered by any person as the re- sult of any error made by any officer or employee of the United States in administering the allotment pro- gram authorized under subsec. (a) of this section, was repealed and reenacted as subsec. (b) of this section by Pub. L. 97–295, §§ 3(5), 6(b), Oct. 12, 1982, 96 Stat. 1304, 1314. CHAPTER 15—PROHIBITIONS AND PENALTIES Sec. [801. Repealed.] 802. Forfeiture of pay during absence from duty due to disease from intemperate use of alco- hol or drugs. 803. Commissioned officers of the Army, Air Force, or Space Force: forfeiture of pay when dropped from rolls. [804, 805. Repealed.] Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, div. A, title IX, § 925(i)(2)(C), Jan. 1, 2021, 134 Stat. 3829, substituted ‘‘Commissioned officers of the Army, Air Force, or Space Force: for- feiture of pay when dropped from rolls’’ for ‘‘Commis- sioned officers of Army or Air Force: forfeiture of pay when dropped from rolls’’ in item 803. 1996—Pub. L. 104–106, div. A, title XI, § 1122(c)(2), Feb. 10, 1996, 110 Stat. 463, struck out item 804 ‘‘Enlisted members of Army or Air Force: pay and allowances not to accrue during suspended sentence of dishonorable discharge’’. 1994—Pub. L. 103–355, title VI, § 6001(a)(2), Oct. 13, 1994, 108 Stat. 3362, struck out item 801 ‘‘Restriction on pay- ment to certain officers’’. 1990—Pub. L. 101–510, div. A, title XIV, § 1484(f)(1), Nov. 5, 1990, 104 Stat. 1717, revised chapter heading so as to appear in all capital letters. 1985—Pub. L. 99–145, title VI, § 683(b)(3), Nov. 8, 1985, 99 Stat. 666, struck out item 805 ‘‘Sale of pay by members of naval service to be discouraged by commanding offi- cer’’. [§ 801. Repealed. Pub. L. 103–355, title VI, § 6001(a)(1), Oct. 13, 1994, 108 Stat. 3362] Section, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 485; Pub. L. 89–718, §§ 49(a)(1), 68, Nov. 2, 1966, 80 Stat. 1121, 1123; Pub. L. 96–513, title V, § 516(20), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 101–194, title V, § 505(a), Nov. 30, 1989, 103 Stat. 1756; Pub. L. 101–510, div. A, title XIV, § 1484(c)(2), Nov. 5, 1990, 104 Stat. 1716, prohibited payment from any appropriation to officer, for period of three years after name of officer was placed on retired list of Reg- ular Army, Regular Navy, Regular Air Force, Regular Marine Corps, Regular Coast Guard, National Oceanic and Atmospheric Administration, or Public Health Service, who was engaged for himself or others in sell- ing, or contracting or negotiating to sell, supplies or war materials to agency of Department of Defense, Coast Guard, National Oceanic and Atmospheric Ad- ministration, or Public Health Service. § 802. Forfeiture of pay during absence from duty due to disease from intemperate use of alco- hol or drugs A member of the Army, Navy, Air Force, Ma- rine Corps, or Space Force, on active duty who is absent from the member’s regular duties for a continuous period of more than one day because of disease that is directly caused by and imme- diately follows the member’s intemperate use of alcoholic liquor or habit-forming drugs is not entitled to pay for the period of that absence. However, a member whose pay is forfeited for more than one month is entitled to $5 for per- sonal expenses for each full month that the member’s pay is forfeited. Determinations of pe- riods and causes of absence under this section shall be made as prescribed by the Secretary concerned, and are final. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 485; Pub. L. 116–283, div. A, title IX, § 925(i)(1), Jan. 1, 2021, 134 Stat. 3828.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 802 .......... 10:3632. [None.] 10:6111. [None.] 10:8632. [None.] The words ‘‘Navy . . . or Marine Corps’’ are sub- stituted for the words ‘‘naval service’’, in section 6111 of title 10, to conform to the definition of that term in section 5001(a)(3) of title 10. The words ‘‘and conclu- sive’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’ and substituted ‘‘the member’s’’ for ‘‘his’’ wherever appearing. § 803. Commissioned officers of the Army, Air Force, or Space Force: forfeiture of pay when dropped from rolls A commissioned officer of the Army, the Air Force, or the Space Force who is dropped from the rolls under section 1161(b) of title 10 for ab- sence without authority for three months for- feits all pay due or to become due. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 486; Pub. L. 116–283, div. A, title IX, § 925(i)(2)(A), (B), Jan. 1, 2021, 134 Stat. 3828.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 803 .......... 10:3633. 10:8633. [None.] [None.] Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘Commissioned offi- cers of the Army, Air Force, or Space Force: forfeiture of pay when dropped from rolls’’ for ‘‘Commissioned of- ficers of Army or Air Force: forfeiture of pay when dropped from rolls’’ in section catchline and ‘‘, the Air Force, or the Space Force’’ for ‘‘or the Air Force’’ in text. [§ 804. Repealed. Pub. L. 104–106, div. A, title XI, § 1122(c)(1), Feb. 10, 1996, 110 Stat. 463] Section, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 486, pro- vided that pay and allowances do not accrue to enlisted member of Army or Air Force who is in confinement under sentence of dishonorable discharge, while execu- tion of sentence to discharge is suspended. [§ 805. Repealed. Pub. L. 99–145, title VI, § 683(b)(1), Nov. 8, 1985, 99 Stat. 665] Section, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 486, re- quired commanding officer to discourage the sale of Page 233 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 902 pay by members of naval service. See section 701 of this title. CHAPTER 17—MISCELLANEOUS RIGHTS AND BENEFITS Sec. 901. Wartime pay of officer of armed force exer- cising command higher than his grade. 902. Pay of crews of wrecked or lost naval vessels. 903. Retired members recalled to active duty; former members. [904. Repealed.] 905. Reserve officers of the Navy or Marine Corps not on the active-duty list: effective date of pay and allowances. 906. Extension of enlistment: effect on pay and al- lowances. 907. Enlisted members and warrant officers ap- pointed as officers: pay and allowances sta- bilized. 908. Reserves and retired members: acceptance of employment, payments, and awards from foreign governments. 909. Special and incentive pay: payment at unre- duced rates during suspension of personnel laws. 910. Replacement of lost income: involuntarily mobilized reserve component members sub- ject to extended and frequent active duty service. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, div. A, title VI, § 641(c)(2), Jan. 1, 2021, 134 Stat. 3684, substituted ‘‘Reserves and retired members: acceptance of employment, payments, and awards from foreign governments’’ for ‘‘Employment of reserves and retired members by foreign governments’’ in item 908. 2006—Pub. L. 109–163, div. A, title VI, § 614(b), Jan. 6, 2006, 119 Stat. 3293, added item 910. 2001—Pub. L. 107–107, div. A, title VI, § 623(a)(2), Dec. 28, 2001, 115 Stat. 1143, added item 909. 1990—Pub. L. 101–510, div. A, title XIV, § 1484(f)(1), Nov. 5, 1990, 104 Stat. 1717, revised chapter heading so as to appear in all capital letters. 1982—Pub. L. 97–295, § 3(6)(B), Oct. 12, 1982, 96 Stat. 1304, added item 908. 1980—Pub. L. 96–513, title V, § 506(8), Dec. 12, 1980, 94 Stat. 2919, struck out item 904 ‘‘Officers of Navy or Ma- rine Corps promoted under chapter 545 of title 10: effec- tive date of beginning of pay and allowances’’ and sub- stituted ‘‘Reserve officers of the Navy or Marine Corps not on the active-duty list: effective date of pay and al- lowances’’ for ‘‘Officers of Navy or Marine Corps not covered by section 904 of this title: effective date of be- ginning of pay and allowances’’ in item 905. Pub. L. 96–343, § 6(a)(2), Sept. 8, 1980, 94 Stat. 1127, sub- stituted ‘‘and warrant officers appointed as officers:’’ for ‘‘appointed as officers;’’ in item 907. 1970—Pub. L. 91–484, § 1(2), Oct. 21, 1970, 84 Stat. 1084, added item 907. § 901. Wartime pay of officer of armed force exer- cising command higher than his grade In time of war, an officer of an armed force who is serving with troops operating against an enemy and who exercises, under assignment in orders issued by competent authority, a com- mand above that pertaining to his grade, is enti- tled to the pay and allowances (not above that of pay grade O–7) appropriate to the command so exercised. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 486.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 901 .......... 37:235a. Apr. 26, 1898, ch. 191, § 7 (less last proviso), 30 Stat. 365. Applicability of the source law to the Air Force is based on Transfer Order No. 25(zzz), of the Secretary of Defense, dated October 14, 1948. Its applicability, other than to the Army and the Air Force, is based upon an opinion of the Judge Advocate General of the Navy, JAG 135: DDC; dmt.; 4229, dated July 29, 1960. The words ‘‘(but not above that of pay grade O–7)’’ are substituted for section 235a (proviso) of existing title 37. § 902. Pay of crews of wrecked or lost naval ves- sels (a) When the accounts of the disbursing officer of a naval vessel are lost as a result of the de- struction of the vessel, his return for the last month may, unless there is official evidence to the contrary, be used in computing later credits to and settling accounts of persons, other than officers, carried on his accounts. If the return for the last month has not been made, the pay accounts may be settled on principles of equity and justice. (b) When a naval vessel is lost or has not been heard from for so long that her loss may be pre- sumed, the Secretary of the Navy may fix the date of loss of the vessel for the purpose of set- tling the accounts of persons aboard other than officers. (c) When the crew of a naval vessel is sepa- rated from that vessel because of her wreck, loss, or destruction, the pay and emoluments of those officers and enlisted members that the Secretary considers (because of the sentence of a court-martial or the finding of a court of in- quiry, or by other satisfactory evidence) to have done their utmost to save the vessel and, after the wreck, loss, or destruction, to have behaved themselves according to the discipline of the Navy, continue and shall be paid to them until their discharge or death, whichever is earlier. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 486; Pub. L. 104–316, title I, § 118, Oct. 19, 1996, 110 Stat. 3836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 902(a) ...... 902(b) ...... 902(c) ...... 10:6144. 10:6145. 37:243. [None.] [None.] R.S. 1574. In subsections (a) and (c), the words ‘‘naval vessel’’ are substituted for the words ‘‘any vessel of the United States’’, in section 243 of existing title 37, and the words ‘‘vessel in the employ of the United States’’, in section 6144 of title 10, for clarity and to conform to subsection (b). In subsection (c), the word ‘‘continues’’ is substituted for the words ‘‘go on’’. The words ‘‘whichever is ear- lier’’ are inserted for clarity. The words ‘‘or the find- ings of a’’ are inserted since a court of inquiry cannot impose a sentence. Editorial Notes AMENDMENTS 1996—Subsec. (b). Pub. L. 104–316 substituted ‘‘the Secretary of the Navy may’’ for ‘‘the General Account-