Title 37 — Pay and Allowances of the Uniformed Services
Chapter 9 — Leave
§ 503. Absence without leave or over leave
Statutory text
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.
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).
The Secretary may not delegate the authority to make a determination under subparagraph (A).
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.
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.
Footnotes
- 1 See Change of Name note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 87–649 · 76 Stat. 451
Enacted · 37 U.S.C. § 503
Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 482
Source evidence
Code source credit
Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 482Pub. L. 89–718 § 49(a)(1) · 80 Stat. 1113
Substituted · 37 U.S.C. § 503(a)
Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey”.Enacted provision · exact public law section
(1) Sections 101(3) and (5)(E) 201 (third column of table), 76 Stat. 451. 205(a)(5), 403(e), 501 (b) and (e), 502(a), 503, 706 (catchline and text), 801(c), and 1001 (b) are each amended by striking out “Coast and Geodetic Survey” and inserting in place thereof “Environmental Science Services Administration”.Defense Officer Personnel Management Act
Pub. L. 96–513 title V § 516(15) · 94 Stat. 2835
Substituted · 37 U.S.C. § 503(a)
Pub. L. 96–513 substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 96–513 substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”.Enacted provision · exact public law section
(15) Sections 502(a) and 503 are amended by striking out “Environmental Science Services Administration” and inserting in lieu thereof “National Oceanic and Atmospheric Administration”.Effective date note
Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) Pub. L. 96–513, set out as a note under section 101 of this title.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 div. A title IX § 925(g)(1)(C) · 134 Stat. 3388
Changed · 37 U.S.C. § 503(a)
Pub. L. 116–283, which directed insertion of “Space Force,” after “Marines Corps,”, was executed by making the insertion after “Marine Corps,” to reflect the probable intent of Congress
Source evidence
Code amendment note
Subsec. (a). Pub. L. 116–283, which directed insertion of “Space Force,” after “Marines Corps,”, was executed by making the insertion after “Marine Corps,” to reflect the probable intent of Congress.Enacted provision · exact public law section
(C) Section 503(a).National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 div. A title VI § 603 · 137 Stat. 136
Amended · 37 U.S.C. § 503(a)
Pub. L. 118–31 designated existing provisions as par. (1)
Substituted · 37 U.S.C. § 503(a)
Pub. L. 118–31 substituted “Subject to paragraph (2), a member” for “A member”
Added · 37 U.S.C. § 503(a)
Pub. L. 118–31 added par. (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 118–31 designated existing provisions as par. (1), substituted “Subject to paragraph (2), a member” for “A member”, and added par. (2).Enacted provision · exact public law section
SEC. 603. EXPANSION OF AUTHORITY TO PAY A MEMBER OF THE ARMED FORCES WHO IS ABSENT WITHOUT LEAVE OR OVER LEAVE FOR SUCH ABSENCE. Section 503(a) of title 37, United States Code, is amended— (1) by striking “A member” and inserting “(1) Subject to paragraph (2), a member”; and (2) by adding at the end the following new paragraph (2): “(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.” .
6 of 7 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 503(a) | 37:33(b) (3d sentence). | Aug. 9, 1946, ch. 931, § 4(b) (3d sentence); restated Aug. 4, 1947, ch. 475, § 1 (3d sentence of 2d par.), 61 Stat. 748. |
| 37:39 (less last proviso). | Aug. 17, 1949, ch. 452, § 1 (less last proviso), 63 Stat. 611. | |
| 503(b) | 42:210–1(b). | July 1, 1944, ch. 373, § 219(b); added Aug. 9, 1950, ch. 654, § 2 (2d par.), 64 Stat. 426. |
In subsections (a) and (b), the words “for the period of that absence” are substituted for the words “during such absence”.
Editorial Notes
Amendments1966–2023 · 4 rounds
2023
Subsec. (a). Pub. L. 118–31 designated existing provisions as par. (1), substituted “Subject to paragraph (2), a member” for “A member”, and added par. (2).
2021
Subsec. (a). Pub. L. 116–283, which directed insertion of “Space Force,” after “Marines Corps,”, was executed by making the insertion after “Marine Corps,” to reflect the probable intent of Congress.
1980
Subsec. (a). Pub. L. 96–513 substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”.
1966
Subsec. (a). Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey”.
Statutory Notes and Related Subsidiaries
Change of Name
Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513 effective , see section 701(b)(3) Pub. L. 96–513, set out as a note under section 101 of this title.
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 relating 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 Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.
Executive Documents
Transfer of Functions
Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service, transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. , 31 F.R. 8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government Organization and Employees. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 3508(b) of Title 20, Education.