US (United States) Code. Title 37. Chapter 9: Leave

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Pay and allowances of the uniformed services

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 19 páginas
publicidad
publicidad

-CITE-

37 USC CHAPTER 9 - LEAVE 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 9 - LEAVE

-HEAD-

CHAPTER 9 - LEAVE

-MISC1-

Sec.

501. Payments for unused accrued leave.

502. Absences due to sickness, wounds, and certain other

causes.

503. Absence without leave or over leave.

504. Cadets and midshipmen: chapter does not apply to.

AMENDMENTS

1990 - Pub. L. 101-510, div. A, title XIV, Sec. 1484(f)(1), Nov.

5, 1990, 104 Stat. 1717, revised chapter heading so as to appear in

all capital letters.

-End-

-CITE-

37 USC Sec. 501 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 9 - LEAVE

-HEAD-

Sec. 501. Payments for unused accrued leave

-STATUTE-

(a) In this section, the term "discharge" means -

(1) in the case of an enlisted member, separation or release

from active duty under honorable conditions, termination of an

enlistment in conjunction with the commencement of a successive

enlistment (without regard to the date of the expiration of the

term of the enlistment being terminated), or appointment as an

officer;

(2) in the case of an officer, separation or release from

active duty under honorable conditions; and

(3) in the case of either an officer or an enlisted member,

death while on active duty unless the decedent was put to death

as lawful punishment for a crime or a military offense.

(b)(1) A member of the Army, Navy, Air Force, Marine Corps, Coast

Guard, or National Oceanic and Atmospheric Administration, who has

accrued leave to his credit at the time of his discharge, is

entitled to be paid in cash or by a check on the Treasurer of the

United States for such leave on the basis of the basic pay to which

he was entitled on the date of discharge.

(2) Payment may not be made under this subsection to a member who

is discharged for the purpose of accepting an appointment or a

warrant in any uniformed service.

(3) Payment may not be made to a member for any leave he elects

to have carried over to a new enlistment in any uniformed service

on the day after the date of his discharge; but payment may be made

to a member for any leave he elects not to carry over to a new

enlistment. However, the number of days of leave for which payment

is made may not exceed sixty, less the number of days for which

payment was previously made under this section after February 9,

1976.

(4) A member to whom a payment may not be made under this

subsection, or a member who reverts from officer to enlisted

status, carries the accrued leave standing to his credit from the

one status to the other within any uniformed service.

(5) The limitation in the second sentence of paragraph (3) and in

subsection (f) shall not apply with respect to leave accrued -

(A) by a member of a reserve component while serving on active

duty in support of a contingency operation;

(B) by a member of the armed forces in the Retired Reserve

while serving on active duty in support of a contingency

operation;

(C) by a retired member of the Regular Army, Regular Navy,

Regular Air Force, or Regular Marine Corps or a member of the

Fleet Reserve or Fleet Marine Corps Reserve while the member is

serving on active duty in support of a contingency operation; or

(D) by a member of a reserve component while serving on active

duty, full-time National Guard duty, or active duty for training

for a period of more than 30 days but not in excess of 365 days.

(c) Unused accrued leave for which payment is made under

subsection (b) is not considered as service for any purpose.

(d)(1) Payments for unused accrued leave under subsections (b)

and (g), in the case of a member who dies while on active duty or

in the case of a member or former member who dies after retirement

or discharge and before he receives that payment, shall be made in

accordance with section 2771 of title 10. In the case of a member

who dies while on active duty, payment for unused accrued leave

under subsections (b) and (g) shall be based upon the unused

accrued leave the member carried forward into the leave year during

which he died plus the unused leave that accrued to him during that

leave year.

(2) The limitations in the second sentence of subsection (b)(3),

subsection (f), and the second sentence of subsection (g) shall not

apply with respect to a payment made under this subsection.

(e)(1) A member of the Army, Navy, Air Force, Marine Corps, Coast

Guard, or National Oceanic and Atmospheric Administration who is

discharged under other than honorable conditions forfeits all

accrued leave to his credit at the time of his discharge.

(2) The Secretary concerned may require that a member of a

uniformed service who is discharged before completing six months of

active duty because of a failure to serve satisfactorily (as

determined by the Secretary concerned) forfeit all accrued leave to

his credit at the time of his discharge.

(f) The number of days upon which payment under subsection (b) or

(g) is based may not exceed sixty, less the number of days for

which payment has been previously made under such subsections after

February 9, 1976. For the purposes of this subsection, the number

of days upon which payment may be based shall be determined without

regard to any break in service or change in status in the uniformed

services.

(g) An officer of the Regular Corps of the Public Health Service,

or an officer of the Reserve Corps of the Public Health Service on

active duty, who is credited with accumulated and accrued annual

leave on the date of his separation, retirement, or release from

active duty, shall, if his application for that leave is approved

by the Secretary of Health and Human Services, be paid for that

leave in a lump-sum on the basis of his basic pay, subsistence

allowance, and allowance for quarters whether or not he is

receiving that allowance on that date. However, the number of days

upon which the lump-sum payment is based is subject to subsection

(f). A lump-sum payment may not be made under this subsection to an

officer -

(1) whose appointment expires or is terminated and who, without

a break in active service, accepts a new appointment;

(2) who is retired for age in time of war and is continued on,

or recalled to, active duty without a break in active service; or

(3) who is transferred to another department or agency of the

United States under circumstances in which, by any other law, his

leave may be transferred.

In this subsection, the term "accumulated annual leave" means

unused accrued annual leave carried forward from one leave year

into the next leave year, and the term "accrued annual leave" means

the annual leave accruing to an officer during one leave year.

(h) Payment shall be made for all leave accumulated under section

701(g) of title 10 as soon as possible after the name of the person

concerned is removed from a missing status, as defined in section

551(2) of this title.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 480; Pub. L. 89-151, Secs.

1, 2, Aug. 28, 1965, 79 Stat. 586; Pub. L. 89-718, Secs. 49(a)(1),

65, Nov. 2, 1966, 80 Stat. 1121, 1123; Pub. L. 92-596, Sec. 2, Oct.

27, 1972, 86 Stat. 1318; Pub. L. 94-361, title III, Sec.

304(a)-(g), July 14, 1976, 90 Stat. 925, 926; Pub. L. 96-513, title

V, Sec. 516(14), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 98-525,

title VI, Sec. 606(a), Oct. 19, 1984, 98 Stat. 2537; Pub. L.

99-145, title VI, Sec. 682, Nov. 8, 1985, 99 Stat. 665; Pub. L.

100-26, Sec. 8(e)(6), (9), Apr. 21, 1987, 101 Stat. 286, 287; Pub.

L. 102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat.

117; Pub. L. 102-190, div. A, title VI, Sec. 637, Dec. 5, 1991, 105

Stat. 1383; Pub. L. 104-106, div. A, title VI, Sec. 641, Feb. 10,

1996, 110 Stat. 368; Pub. L. 106-65, div. A, title VI, Sec. 671,

Oct. 5, 1999, 113 Stat. 674; Pub. L. 107-107, div. A, title VI,

Sec. 651(a), Dec. 28, 2001, 115 Stat. 1152.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

501(a) 37:32(b), (d), (e), and Aug. 9, 1946, ch. 931,

(h). Sec. 2(b), (d), (e),

(g), and (h), 60 Stat.

963; June 19, 1948, ch.

541, Sec. 1(a), 62 Stat.

506.

501(b) 37:33(c) (less 3d and Aug. 9, 1946, ch. 931,

last sentences). Sec. 4(c), (d), 60 Stat.

964; restated Aug. 4,

1947, ch. 475, Sec. 1

(less 1st 2 pars.), 61

Stat. 748; July 24,

1956, ch. 682, Sec. 1,

70 Stat. 625.

37:32(g).

37:39 (less last proviso). Aug. 17, 1949, ch. 452,

Sec. 1 (less last

proviso), 63 Stat. 611.

501(c) 37:33(c) (3d sentence).

501(d) 37:33(c) (last sentence).

501(e) 37:33(d).

501(f) 37:31a(b) (proviso). Aug. 9, 1946, ch. 931,

Sec. 3(b) (proviso);

added Sept. 23, 1950,

ch. 998, Sec. 1

(proviso), 64 Stat. 979.

501(g) 42:210-1(c) (last July 1, 1944, ch. 373,

sentence). Sec. 219(c) (last

sentence), (d) (as

applicable to (c) (last

sentence)); added Aug.

9, 1950, ch. 654, Sec. 2

(last sentence of 3d

par., and 4th par., as

applicable to last

sentence of 3d par.), 64

Stat. 426.

42:210-1(d) (as

applicable to 42:210-1(c)

(last sentence)).

--------------------------------------------------------------------

In subsection (a), the word "officer" is substituted for the

words "commissioned officer or warrant officer", in section 32(b)

of existing title 37. The words "persons may be treated as parents

for the purposes of this clause" are substituted for the words

"parents may receive the benefits provided under said sections" in

section 32(e) of existing title 37.

In subsections (b)-(d) and (f), the word "payment" is substituted

for the word "settlement".

In subsection (b), the words "in pay grade E-9, E-8, E-7, E-6, or

E-5 with dependents, an allowance computed at the rate of $1.25 a

day for quarters" are substituted for the words "the allowances as

provided for such enlisted persons in subsection (a)". The words

"after August 31, 1946" are omitted as executed. The word "basic"

is substituted for the words "base and longevity" to reflect

current terminology.

In subsection (c), the word "accrued" is inserted to conform to

subsection (b). The words "and compensated for in cash" are omitted

as surplusage.

In subsection (d), the words "and compensation" and "of the Armed

Forces" are omitted as surplusage. The words "before he receives"

are substituted for the words "without having received".

In subsection (f), the words "cash" and "unused or accumulated"

are omitted as surplusage. The words "subsequent to August 31,

1946" are omitted as executed.

In subsection (g), the word "retirement" is omitted as covered by

the words "separation or release from active duty". The words

"under this subsection" are substituted for the words "for such

unused leave". The word "appointment" is substituted for the word

"commission".

AMENDMENTS

2001 - Subsec. (b)(5)(D). Pub. L. 107-107 added subpar. (D).

1999 - Subsec. (a)(1). Pub. L. 106-65, Sec. 671(1), inserted ",

termination of an enlistment in conjunction with the commencement

of a successive enlistment (without regard to the date of the

expiration of the term of the enlistment being terminated)," after

"honorable conditions".

Subsec. (b)(2). Pub. L. 106-65, Sec. 671(2), struck out ", or

entering into an enlistment," after "or a warrant".

1996 - Subsec. (d)(1). Pub. L. 104-106, Sec. 641(a)(1), struck

out at end "Except as provided in paragraph (2), the number of days

upon which payment is based is subject to subsection (f)."

Subsec. (d)(2). Pub. L. 104-106, Sec. 641(a)(2), added par. (2)

and struck out former par. (2) which read as follows: "In the case

of a member of the uniformed services who dies as a result of an

injury or illness incurred while serving on active duty in support

of a contingency operation, the limitations in the second sentence

of subsection (b)(3), subsection (f), and the second sentence of

subsection (g) shall not apply with respect to a payment made under

this subsection for leave accrued during the contingency

operation."

Subsec. (f). Pub. L. 104-106, Sec. 641(b), struck out ", (d),"

before "or (g) is based".

1991 - Subsec. (b)(5). Pub. L. 102-190, Sec. 637(b), added par.

(5).

Subsec. (c). Pub. L. 102-25, Sec. 702(b)(1), struck out "of this

section" after "subsection (b)".

Subsec. (d). Pub. L. 102-190, Sec. 637(a), designated existing

provisions as par. (1), substituted "Except as provided in

paragraph (2)," for "However,", and added par. (2).

Pub. L. 102-25, Sec. 702(b)(1), struck out "of this section"

after "subsections (b) and (g)" in two places.

Subsec. (f). Pub. L. 102-25, Sec. 702(b)(1), struck out "of this

section" after "subsection (b), (d), or (g)".

1987 - Subsec. (a). Pub. L. 100-26, Sec. 8(e)(6), inserted "the

term" after "In this section,".

Subsec. (g). Pub. L. 100-26, Sec. 8(e)(9), inserted "the term"

before " 'accumulated annual leave' " and " 'accrued annual leave'

".

1985 - Subsecs. (b)(3), (f). Pub. L. 99-145 substituted "February

9, 1976" for "September 1, 1976".

1984 - Subsec. (e). Pub. L. 98-525, Sec. 606(a), designated

existing provisions as par. (1) and added par. (2).

1980 - Subsec. (b)(3). Pub. L. 96-513, Sec. 516(14)(A),

substituted "September 1, 1976" for "the first day of the second

calendar month following the month in which the Department of

Defense Appropriation Authorization Act, 1977, was enacted".

Subsec. (d). Pub. L. 96-513, Sec. 516(14)(B), substituted

"unused" for "unusued".

Subsec. (f). Pub. L. 96-513, Sec. 516(14)(A), (C), substituted

"September 1, 1976" for "the first day of the second calendar month

following the month in which the Department of Defense

Appropriation Authorization Act, 1977, was enacted", and inserted

"of this section" after "(g)".

Subsec. (g). Pub. L. 96-513, Sec. 516(14)(C), substituted

"Secretary of Health and Human Services" for "Surgeon General".

1976 - Subsec. (a). Pub. L. 94-361, Sec. 304(a), (b), struck out

cl. (1) designation for existing provisions, made definition

applicable to the section rather than to subsecs. (b) to (f) of

this section, and redesignated as cls. (1), (2), and (3) former

subcls. (A), (B), and (C); and struck out former cls. (2), (3), and

(4) defining "child", "parent", and "brother or sister",

respectively.

Subsec. (b). Pub. L. 94-361, Sec. 304(c), in revising text,

incorporated in provisions designated par. (1) provisions of former

first and second sentences for payments for unused accrued leave of

officers and enlisted members, striking out consideration of

allowances to officers and of allowances to enlisted members

computed at rate of 70 cents a day for subsistence and of allowance

to enlisted members in pay grades E-9 through E-5 with dependents

at rate of $1.25 for quarters, and substituting "National Oceanic

and Atmospheric Administration" for "Environmental Science Services

Administration"; incorporated in par. (2) provisions of item (1) of

former third sentence, substituting "in any uniformed service" for

"in his armed force"; incorporated in par. (3) provisions of item

(2) of former third sentence, substituting "in any uniformed

service" for "in his armed force" and inserting provisions for

payment for leave not carried over to a new enlistment and

prescribing number of days of leave for which payment may be made;

and designated last (the fourth) sentence as par. (4), substituting

"within any uniformed service" for "within his armed force".

Subsec. (d). Pub. L. 94-361, Sec. 304(d), substituted provision

making the number of days upon which payment is based subject to

subsec. (f) for provision limiting to not more than 60 the number

of days upon which the payment is based.

Subsec. (e). Pub. L. 94-361, Sec. 304(e), substituted "National

Oceanic and Atmospheric Administration" for "Environmental Science

Services Administration".

Subsec. (f). Pub. L. 94-361, Sec. 304(f), added subsec. (f).

Former subsec. (f), prohibiting payment for leave in excess of 60

days upon discharge or retirement, was struck out.

Subsec. (g). Pub. L. 94-361, Sec. 304(g), substituted provision

making the number of days upon which the lump-sum payment is based

subject to subsec. (f) for provision limiting to not more than 60

the number of days upon which the lump-sum payment is based.

1972 - Subsec. (d). Pub. L. 92-596, Sec. 2(1), inserted reference

to accumulated leave under subsection (h) of this section.

Subsec. (h). Pub. L. 92-596, Sec. 2(2), added subsec. (h).

1966 - Subsecs. (b), (e). Pub. L. 89-718, Sec. 49(a)(1),

substituted "Environmental Science Services Administration" for

"Coast and Geodetic Survey".

Subsec. (d). Pub. L. 89-718, Sec. 65, substituted "60" for

"sixty".

1965 - Subsec. (a)(1). Pub. L. 89-151, Sec. 1, added subpar. (C).

Subsec. (d). Pub. L. 89-151, Sec. 2, included members who die

while on active service and payments for unused accrued leave of

members of the Public Health Service, substituted provisions

referring to section 2771 of title 10 to find the mode of payment

for provision spelling out the mode of payment in detail, omitted

provisions prohibiting payment under this section in the event of

no survivor and making valid any payments to survivors between the

ages of 17 and 21, and inserted provisions basing payment for

unused leave in the event of members dying while on active duty

upon accrued leave carried forward into the year plus leave

accruing during the year with a limit of 60 days.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title VI, Sec. 651(b), Dec. 28, 2001,

115 Stat. 1153, provided that: "Subparagraph (D) of section

501(b)(5) of title 37, United States Code, as added by subsection

(a)(3), shall apply with respect to periods of active duty

beginning on or after October 1, 2001."

EFFECTIVE DATE OF 1984 AMENDMENT

Section 606(b) of Pub. L. 98-525 provided that: "The amendments

made by subsection (a) [amending this section] shall apply in the

case of members of the uniformed service (as defined in section

101(3) of title 37, United States Code) who enlist or are

commissioned on or after the date of the enactment of this Act

[Oct. 19, 1984]."

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 1972 AMENDMENT

Amendment by Pub. L. 92-596 effective Feb. 28, 1961, see section

3 of Pub. L. 92-596, set out as a note under section 701 of Title

10, Armed Forces.

EFFECTIVE DATE OF 1965 AMENDMENT

Section 4 of Pub. L. 89-151 provided that: "This Act [amending

this section and section 701 of Title 10, Armed Forces] applies

only in the case of members who die on or after the date of

enactment [Aug. 28, 1965]".

-TRANS-

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 November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC2-

TREATMENT OF ACCUMULATED LEAVE IN CONNECTION WITH ACTIVE DUTY

DURING PERSIAN GULF CONFLICT

Section 309(a) of Pub. L. 102-25 provided that: "In the case of a

member of the uniformed services who dies as a result of an injury

or illness incurred while serving on active duty during the Persian

Gulf conflict, the limitation in the second sentence of subsection

(b)(3) of section 501 of title 37, United States Code, and in

subsection (f) of that section shall not apply with respect to a

payment made pursuant to subsection (d) of that section for leave

accrued during fiscal year 1990 or 1991."

Pub. L. 101-510, div. A, title XI, Sec. 1115, Nov. 5, 1990, 104

Stat. 1636, as amended by Pub. L. 102-25, title III, Secs. 309(b),

314(1), (3), Apr. 6, 1991, 105 Stat. 83, 86, provided that:

"(a) Inapplicability of Eligibility Limitation. - The limitation

in the second sentence of subsection (b)(3) of section 501 of title

37, United States Code, and in subsection (f) of that section does

not apply with respect to the following leave:

"(1) Leave accrued by a member of a reserve component of the

Armed Forces while serving on active duty (other than for

training) in connection with the Persian Gulf conflict pursuant

to an order to active duty authorized under section 672, 673,

673b, or 674 [now 12301, 12302, 12304, or 12306] of title 10,

United States Code.

"(2) Leave accrued by a member of the Armed Forces in the

Retired Reserve while serving on active duty in connection with

the Persian Gulf conflict pursuant to an order to active duty

authorized by section 675 [now 12307] of title 10, United States

Code.

"(3) Leave accrued by a retired member of the Regular Army,

Regular Navy, Regular Air Force, or Regular Marine Corps, a

member of the Retired Reserve, or a member of the Fleet Reserve

or Fleet Marine Corps Reserve while such retired member or

member, as the case may be, is serving on active duty in

connection with the Persian Gulf conflict pursuant to an order to

active duty authorized by section 688 of title 10, United States

Code.

"(4) Leave accrued by a member referred to in paragraph (1),

(2), or (3) while serving on active duty (other than for

training) in connection with the Persian Gulf conflict pursuant

to an order to such active duty issued with the consent of the

member during a period in which members of the Armed Forces are

being ordered to active duty in connection with such operation

pursuant to a provision of title 10, United States Code, referred

to in such paragraph.

"(b) Saving Provision for Certain Accrued Leave. - (1) Subject to

paragraph (2), a member of the Armed Forces who, under section

701(f) of title 10, United States Code -

"(A) would lose any accumulated leave in excess of 60 days at

the end of fiscal year 1991 shall be permitted to retain such

leave until the end of fiscal year 1992; or

"(B) would lose any accumulated leave in excess of 60 days at

the end of fiscal year 1992 (other than by reason of clause (A))

shall be permitted to retain such leave until the end of fiscal

year 1993.

"(2) In no case may a member be permitted to accumulate leave

under this section in excess of 90 days.

"(c) Regulations. - The Secretary of Defense shall prescribe

regulations establishing standards and procedures for the

administration of this section."

[Section 309(c) of Pub. L. 102-25 provided that: "The amendment

made by subsection (b) [amending section 1115(a) of Pub. L.

101-510, set out above] shall take effect as of November 5, 1990."]

OPTIONS OF MEMBERS AS TO BASIS OF PAYMENT FOR ACCRUED LEAVE

Section 304(h) of Pub. L. 94-361 provided that: "Notwithstanding

the provisions of section 501(b)(1) of title 37, United States

Code, as amended by subsection (c), and subject to the limitations

prescribed in section 501(b)(3) of such title, as amended by

subsection (c), any leave accrued by any member of the Army, Navy,

Air Force, Marine Corps, Coast Guard, or National Oceanic and

Atmospheric Administration prior to the first day of the second

calendar month following the month [July, 1976] in which this

section is enacted shall, at the option of such member, be paid for

on the same basis such leave would have been paid for under the

provisions of section 501(b) of title 37, United States Code, on

the day prior to the first day of the second calendar month

following the month in which this section is enacted".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 701.

-End-

-CITE-

37 USC Sec. 502 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 9 - LEAVE

-HEAD-

Sec. 502. Absences due to sickness, wounds, and certain other

causes

-STATUTE-

(a) A member of the Army, Navy, Air Force, Marine Corps, Coast

Guard, or National Oceanic and Atmospheric Administration, who is

absent because of sickness or wounds, or who is directed by the

Secretary concerned, or his designated representative, to be absent

from duty to await orders pending disability retirement proceedings

for a period that is longer than the leave authorized by section

701 of title 10, is entitled to the pay and allowances to which he

would be entitled if he were not so absent. A member who is absent

with leave for any other reason for not longer than the leave

authorized by that section is entitled to the same pay and

allowances to which he would be entitled if he were not on leave,

and to any additional allowances otherwise provided by law for

members on leave.

(b) Except as provided in subsection (a) and section 701(h) of

title 10, a member who is authorized by the Secretary concerned, or

his designated representative, to be absent for a period that is

longer than the leave authorized by section 701 of title 10 is not

entitled to pay or allowances during the part of his absence that

is more than the number of days' leave authorized by that section.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 482; Pub. L. 89-718, Sec.

49(a)(1), Nov. 2, 1966, 80 Stat. 1121; Pub. L. 96-513, title V,

Sec. 516(15), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 99-661, div. A,

title V, Sec. 506(b), Nov. 14, 1986, 100 Stat. 3865; Pub. L.

102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat.

117.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

502(a) 37:33(b) (1st and last Aug. 9, 1946, ch. 931,

sentences). Sec. 4(b) (less 3d

sentence); restated Aug.

4, 1947, ch. 475, Sec. 1

(2d par., less 3d

sentence), 61 Stat. 748.

37:39 (less last proviso).

37:32(f) (last 8 words). Aug. 9, 1946, ch. 931,

Sec. 2(f) (last 8

words), 60 Stat. 963.

502(b) 37:33(b) (2d sentence). Aug. 17, 1949, ch. 452,

Sec. 1 (less last

proviso), 63 Stat. 611.

37:32(f) (last 8 words). Aug. 9, 1946, ch. 931,

Sec. 2(f) (last 8

words), 60 Stat. 963.

--------------------------------------------------------------------

In subsection (a), the words "After August 31, 1946", in section

33(b) of existing title 37, are omitted as executed. The words

"allowance or", in section 33(b) of existing title 37, are omitted

as surplusage. The last sentence of section 33(b) of existing title

37 is omitted as executed, since the Act of December 28, 1945 (59

Stat. 663) was repealed by section 506(g) of the Officer Personnel

Act of 1947 (61 Stat. 892).

In subsections (a) and (b), the words ", or his designated

representative," are substituted for the last 8 words of section

32(f) of existing title 37.

In subsection (b), the words "Except as provided in subsection

(a) of this section" are inserted for clarity. The words "the part

of his absence that is more than the number of days' leave

authorized by that section" are substituted for the words "such

absence".

AMENDMENTS

1991 - Subsec. (b). Pub. L. 102-25 struck out "of this section"

after "subsection (a)".

1986 - Subsec. (b). Pub. L. 99-661 inserted "and section 701(h)

of title 10".

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".

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.

-TRANS-

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 November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 1201.

-End-

-CITE-

37 USC Sec. 503 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 9 - LEAVE

-HEAD-

Sec. 503. Absence without leave or over leave

-STATUTE-

(a) A member of the Army, Navy, Air Force, Marine Corps, 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.

(b) A commissioned officer of the Regular Corps of the Public

Health Service, or an officer of the Reserve Corps 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.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 482; Pub. L. 89-718, Sec.

49(a)(1), Nov. 2, 1966, 80 Stat. 1121; Pub. L. 96-513, title V,

Sec. 516(15), Dec. 12, 1980, 94 Stat. 2939.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

503(a) 37:33(b) (3d sentence). Aug. 9, 1946, ch. 931,

Sec. 4(b) (3d sentence);

restated Aug. 4, 1947,

ch. 475, Sec. 1 (3d

sentence of 2d par.), 61

Stat. 748.

37:39 (less last proviso). Aug. 17, 1949, ch. 452,

Sec. 1 (less last

proviso), 63 Stat. 611.

503(b) 42:210-1(b). July 1, 1944, ch. 373,

Sec. 219(b); added Aug.

9, 1950, ch. 654, Sec. 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".

AMENDMENTS

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".

EFFECTIVE DATE OF 1980 AMENDMENT

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.

-TRANS-

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 November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

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. June 25, 1966, 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.

-End-

-CITE-

37 USC Sec. 504 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 9 - LEAVE

-HEAD-

Sec. 504. Cadets and midshipmen: chapter does not apply to

-STATUTE-

This chapter does not apply to cadets at the United States

Military Academy, the United States Air Force Academy, the Coast

Guard Academy, midshipmen at the United States Naval Academy, or

cadets or midshipmen serving elsewhere in the armed forces.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 483.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

504 37:38 (as applicable to Aug. 9, 1946, ch. 931,

payment for leave). Sec. 10 (as applicable

to payment for leave);

added Aug. 4, 1947, ch.

475, Sec. 3 (as

applicable to payment

for leave), 61 Stat.

749; Sept. 2, 1958, Pub.

L. 85-861, Sec.

33(d)(2), 72 Stat. 1567.

--------------------------------------------------------------------

-TRANS-

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 November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-End-