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Title 37 — Pay and Allowances of the Uniformed Services

Chapter 15 — Prohibitions and Penalties

§ 802. Forfeiture of pay during absence from duty due to disease from intemperate use of alcohol or drugs

Statutory text

A member of the Army, Navy, Air Force, Marine 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 immediately 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 personal expenses for each full month that the member’s pay is forfeited. Determinations of periods and causes of absence under this section shall be made as prescribed by the Secretary concerned, and are final.

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.

  1. Pub. L. 87–649 · 76 Stat. 451

    Enacted · 37 U.S.C. § 802

    Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 485

    Source evidence

    Code source credit
    Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 485

  2. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title IX § 925(i)(1) · 134 Stat. 3388

    1. Substituted · 37 U.S.C. § 802

      Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps”

    2. Substituted · 37 U.S.C. § 802

      Pub. L. 116–283 substituted “the member’s” for “his” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps” and substituted “the member’s” for “his” wherever appearing.

    Enacted provision · exact public law section
    (1) Forfeiture for absence for intemperate use of alcohol or drugs.— (A) In general.— Section 802 of title 37, United States Code, is amended by striking “or Marine Corps” and inserting “Marine Corps, or Space Force”. (B) Technical amendments.— Such section 802 is further amended by striking “his” each place it appears and inserting “the member’s”.

2 of 3 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
80210:3632.[None.]
 10:6111.[None.]
 10:8632.[None.]

The words “Navy . . . or Marine Corps” are substituted 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 conclusive” 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.

Credits

1962–2021 · 2 acts
  1. 1962Pub. L. 87–649, , 76 Stat. 485
  2. 2021Pub. L. 116–283, div. A, title IX, § 925(i)(1), , 134 Stat. 3828.
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(Pub. L. 87–649, , 76 Stat. 485; Pub. L. 116–283, div. A, title IX, § 925(i)(1), , 134 Stat. 3828.)

Parsed from the official OLRC USLM XML in data/usc_all/usc37.xml · release point 119-108 · OLRC build 2026-03-26

USLM identifier /us/usc/t37/s802