CHAPTER 15—PROHIBITIONS AND PENALTIES
802.
Forfeiture of pay during absence from duty due to disease from intemperate use of alcohol or drugs.
803.
Commissioned officers of the Army, Air Force, or Space Force: forfeiture of pay when dropped from rolls.
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: forfeiture of pay when dropped from rolls" for "Commissioned 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 payment 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 officer".
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 Regular 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 selling, or contracting or negotiating to sell, supplies or war materials to agency of Department of Defense, Coast Guard, National Oceanic and Atmospheric Administration, or Public Health Service.
§802. Forfeiture of pay during absence from duty due to disease from intemperate use of alcohol or drugs
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.
(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 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.
§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 absence without authority for three months forfeits 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 officers of the Army, Air Force, or Space Force: forfeiture of pay when dropped from rolls" for "Commissioned officers 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.
Section, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 486, provided 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 execution of sentence to discharge is suspended.
Section, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 486, required commanding officer to discourage the sale of pay by members of naval service. See section 701 of this title.