US Code

Public Law 119-83 (04/13/2026)

37 U.S.C. § 503

Absence without leave or over leave

(a)
(1)
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.
(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.
(b)
1
1 See Change of Name note below.
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.

Pub. L. 87–64976 Stat. 482 Pub. L. 89–718, § 49(a)(1)80 Stat. 1121 Pub. L. 96–513, title V, § 516(15)94 Stat. 2939 Pub. L. 116–283, div. A, title IX, § 925(g)(1)(C)134 Stat. 3827 Pub. L. 118–31, div. A, title VI, § 603137 Stat. 289 (, , ; , , ; , , ; , , ; , , .)

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

Amendments

Pub. L. 118–312023—Subsec. (a). designated existing provisions as par. (1), substituted “Subject to paragraph (2), a member” for “A member”, and added par. (2).

Pub. L. 116–2832021—Subsec. (a). , 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.

Pub. L. 96–5131980—Subsec. (a). substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”.

Pub. L. 89–7181966—Subsec. (a). substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey”.

Statutory Notes and Related Subsidiaries

Change of Name

section 204(c)(3) of Title 42Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see , The Public Health and Welfare.

Effective Date of 1980 Amendment

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

Transfer of Functions

section 542 of Title 6For 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 .

Executive Documents

Transfer of Functions

80 Stat. 1610 section 3508(b) of Title 20Functions 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, , 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 , Education.