§902 — Title 37 Pay and Allowances of the Uniformed Services | U.S. Code

Summary

When a ship's pay records are lost because the ship was destroyed, the last monthly pay report can be used to settle pay for people aboard who are not officers. If there is no last report, pay must be settled fairly. The Secretary of the Navy can set the ship’s date of loss for pay purposes. If crew are separated by wreck, loss, or destruction, officers and enlisted who the Secretary finds tried to save the ship and behaved properly must keep getting pay and other benefits until their discharge or death, whichever comes first.

Title 37, §902

Pay and Allowances of the Uniformed Services — Source: USLM XML via OLRC

(a)When the accounts of the disbursing officer of a naval vessel are lost as a result of the destruction of the vessel, his return for the last month may, unless there is official evidence to the contrary, be used in computing later credits to and settling accounts of persons, other than officers, carried on his accounts. If the return for the last month has not been made, the pay accounts may be settled on principles of equity and justice.

(b)When a naval vessel is lost or has not been heard from for so long that her loss may be presumed, the Secretary of the Navy may fix the date of loss of the vessel for the purpose of settling the accounts of persons aboard other than officers.

(c)When the crew of a naval vessel is separated from that vessel because of her wreck, loss, or destruction, the pay and emoluments of those officers and enlisted members that the Secretary considers (because of the sentence of a court-martial or the finding of a court of inquiry, or by other satisfactory evidence) to have done their utmost to save the vessel and, after the wreck, loss, or destruction, to have behaved themselves according to the discipline of the Navy, continue and shall be paid to them until their discharge or death, whichever is earlier.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 902(a)902(b)902(c)10:6144.10:6145.37:243.[None.][None.]R.S. 1574. In subsections (a) and (c), the words “naval vessel” are substituted for the words “any vessel of the United States”, in section 243 of existing title 37, and the words “vessel in the employ of the United States”, in section 6144 of title 10, for clarity and to conform to subsection (b). In subsection (c), the word “continues” is substituted for the words “go on”. The words “whichever is earlier” are inserted for clarity. The words “or the findings of a” are inserted since a court of inquiry cannot impose a sentence.

Editorial Notes

Amendments

1996—Subsec. (b). Pub. L. 104–316 substituted “the Secretary of the Navy may” for “the General Accounting Office, under the direction of the Secretary of the Navy, may”.

§902 Pay of Crews of Wrecked or Lost Naval Vessels