37 USC § 802 - Forfeiture of pay during absence from duty due to disease from intemperate use of alcohol or drugs

---
identifier: "/us/usc/t37/s802"
source: "usc"
legal_status: "official_legal_evidence"
title: "37 USC § 802 - Forfeiture of pay during absence from duty due to disease from intemperate use of alcohol or drugs"
title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
section_number: "802"
section_name: "Forfeiture of pay during absence from duty due to disease from intemperate use of alcohol or drugs"
chapter_number: 15
chapter_name: "PROHIBITIONS AND PENALTIES"
positive_law: true
currency: "119-84"
last_updated: "2026-03-26"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 485; Pub. L. 116–283, div. A, title IX, § 925(i)(1), Jan. 1, 2021, 134 Stat. 3828.)"
---


# § 802. Forfeiture of pay during absence from duty due to disease from intemperate use of alcohol or drugs

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.

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**Source Credit**: (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 485; Pub. L. 116–283, div. A, title IX, § 925(i)(1), Jan. 1, 2021, 134 Stat. 3828.)

| Revised section | Source (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 , to conform to the definition of that term in . The words “and conclusive” are omitted as surplusage.

## Editorial Notes

### Amendments

2021— substituted “Marine Corps, or Space Force” for “or Marine Corps” and substituted “the member’s” for “his” wherever appearing.