Title 37 — Pay and Allowances of the Uniformed ServicesRelease 119-73not60
§802 Forfeiture of Pay During Absence From Duty Due to Disease From Intemperate Use of Alcohol or Drugs
Title 37 › Chapter 15— PROHIBITIONS AND PENALTIES › § 802
Summary
Active-duty members who miss more than one day because an illness starts right after heavy drinking or addictive drug use lose pay for that time. If pay is withheld for more than one month, they get $5 for each full month. The service Secretary’s finding on the dates and cause is final.
Full Legal Text
Title 37, §802
Pay and Allowances of the Uniformed Services — Source: USLM XML via OLRC
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
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (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.
Reference
Citations & Metadata
Citation
37 U.S.C. § 802
Title 37 — Pay and Allowances of the Uniformed Services
Last Updated
Apr 5, 2026
Release point: 119-73not60