10 U.S.C. § 9837

section 9621(a)(1) of this titlesection 9623 of this titleIn subsection (a), the words “sold to the member on credit under ” are substituted for the words “articles designated by the inspectors general of the Army, and sold to him on credit by officers of the Quartermaster Corps”, in 10:875. The words “at cost prices” are omitted to reflect .

In subsection (b), the last sentence is substituted for 10:875a (1st and 2d provisos). The words “on current payrolls” are omitted as surplusage.

In subsection (c), the words “Subject to subsection (b)” are substituted for the words “in the proportions hereinbefore indicated”.

In subsection (d), the words “If he considers it in the best interests of the United States” are substituted for the words “when in his opinion the interests of the Government are best served by such action”. The words “before, or at the time of” are substituted for the words “either on * * * or prior thereto”.

In subsection (e), the words “member” and “his” are substituted for the words “officer or soldier”. The words “or implement” are omitted as surplusage.

In subsection (f), the words “or if an article of military supply with whose issue a commissioned officer is charged is damaged” are substituted for 10:872 (last sentence). The words “that he was not at fault” are substituted for the words “that said deficiency [such damage] was not occasioned by any fault on his part”.

section 9621(a)(1) of this titleIn subsection (g), the words “bought on credit under ” are substituted for the words “designated by the officers of the Inspector-General’s Department of the Army and purchased on credit from commissaries of subsistence”.

Act1958

June 10, 1957Act of May 22, 1928, ch. 67645 Stat. 698The change [in subsec. (b)] reflects the opinion of the Judge Advocate General of the Air Force () that the term “rate of pay”, as used in the source law for section 9837(b) ( (), as amended), included special pay and incentive pay.

July 19, 195710 U.S.C. 872The change [in subsec. (f)] reflects the opinion of the Assistant General Counsel (Fiscal Matters), Department of Defense (), that section 1304, Revised Statutes (formerly ), the source law for this section, applied to warrant officers as well as to commissioned officers.

Editorial Notes

Amendments

Pub. L. 116–2832021—Subsec. (a). inserted “or the Space Force” after “member of the Air Force”.

Pub. L. 114–3282016—Subsec. (a). substituted “as a member of the Air Force, whether as a regular or a reserve in active status” for “on active duty as a member of the Air Force”.

Pub. L. 110–181Pub. L. 109–364, § 673(c)(1)2008—Subsec. (a). made technical correction to directory language of . See 2006 Amendment note below.

Pub. L. 109–1632006— amended section catchline and text generally. Prior to amendment, text read as follows: “If he considers it in the best interest of the United States, the Secretary may have remitted or cancelled any part of an enlisted member’s indebtedness to the United States or any of its instrumentalities remaining unpaid before, or at the time of, that member’s honorable discharge.”

Pub. L. 109–364, § 673(e)(3)Subsec. (a). , substituted “The Secretary of the Air Force” for “If the Secretary considers it to be in the best interest of the United States, the Secretary” and inserted before period at end “, but only if the Secretary considers such action to be in the best interest of the United States”.

Pub. L. 109–364, § 673(c)(1)Pub. L. 110–181, as amended by , substituted “of a person to the United States or any instrumentality of the United States incurred while the person was serving on active duty as a member of the Air Force” for “of a member of the Air Force on active duty, or a member of a reserve component of the Air Force in an active status, to the United States or any instrumentality of the United States incurred while the member was serving on active duty”.

Pub. L. 109–364, § 673(c)(2)Subsecs. (b) to (d). , redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out heading and text of former subsec. (b). Text read as follows: “The Secretary may exercise the authority in subsection (a) with respect to a member—

“(1) while the member is on active duty or in active status, as the case may be;

“(2) if discharged from the armed forces under honorable conditions, during the one-year period beginning on the date of such discharge; or

“(3) if released from active status in a reserve component, during the one-year period beginning on the date of such release.”

Pub. L. 96–5131980— substituted “remission or cancellation of indebtedness of enlisted members” for “deductions from pay” in section catchline, and struck out designation “(d)” before “If he”.

Pub. L. 87–649section 1007 of Title 371962— repealed subsecs. (a) to (c) and (e) to (g) which related to deductions from pay. See subsecs. (b) to (g) of , Pay and Allowances of the Uniformed Services.

Pub. L. 85–861, § 33(a)(45)(A)1958—Subsec. (b). , substituted “his pay for that month” for “his basic pay for that month”.

Pub. L. 85–861, § 33(a)(45)(B)Subsec. (f). , substituted “an officer” for “a commissioned officer” in two places.

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Pub. L. 114–328Dec. 23, 2016Oct. 7, 2001section 671(b)(5) of Pub. L. 114–328section 4837 of this titleAmendment by effective , and applicable with respect to debt incurred on or after , see , set out as a note under .

Effective Date of 2008 Amendment

Pub. L. 110–181, div. A, title X, § 1063(c)Jan. 28, 2008122 Stat. 322Oct. 17, 2006Pub. L. 109–364, , , provided that the amendment made by section 1063(c)(7)(C) is effective as of , and as if included in the John Warner National Defense Authorization Act for Fiscal Year 2007, , as enacted.

Termination Date of 2006 Amendment

Pub. L. 109–163, div. A, title VI, § 683(c)(3)Jan. 6, 2006119 Stat. 3324Pub. L. 109–163, § 683(c)Dec. 31, 2007Jan. 6, 2006Pub. L. 109–364, div. A, title VI, § 673(c)(3)Oct. 17, 2006120 Stat. 2272, , , which provided for termination of amendments by , amending this section and the analysis to this chapter, on , and restoration of provisions as in effect on the day before , was repealed by , , .

Effective Date of 1980 Amendment

Pub. L. 96–513Dec. 12, 1980section 701(b)(3) of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1962 Amendment

Pub. L. 87–649Nov. 1, 1962section 15 of Pub. L. 87–649section 101 of Title 37Amendment by effective on , see , set out as a note preceding , Pay and Allowances of the Uniformed Services.

Effective Date of 1958 Amendment

Pub. L. 85–861Aug. 10, 1956section 33(g) of Pub. L. 85–861section 101 of this titleAmendment by effective , see , set out as a note under .

Regulations

Pub. L. 109–364Mar. 1, 2007section 673(d) of Pub. L. 109–364section 4837 of this titleSecretary of Defense to prescribe regulations required for purposes of this section, as amended by , not later than , see , set out as a note under .