# 37 U.S.C. § 802: Forfeiture of pay during absence from duty due to disease from intemperate use of alcohol or drugs

> Federal · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/usc_t37_s802

## Section

- **Citation:** 37 U.S.C. § 802
- **Heading:** Forfeiture of pay during absence from duty due to disease from intemperate use of alcohol or drugs
- **Jurisdiction:** Federal
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** March 26, 2026
- **Source:** Publisher's official text
- **Location:** Title 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES > CHAPTER 15—PROHIBITIONS AND PENALTIES

## Text

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.

( 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 .)

## Nearby sections

- [37 U.S.C. § 101 Definitions](https://www.frixlaw.com/law-library/statutes/usc_t37_s101.md)
- [37 U.S.C. § 201 Pay grades: assignment to; general rules](https://www.frixlaw.com/law-library/statutes/usc_t37_s201.md)
- [37 U.S.C. § 202 Pay grades: retired Coast Guard rear admirals (lower half)](https://www.frixlaw.com/law-library/statutes/usc_t37_s202.md)
- [37 U.S.C. § 203 Rates](https://www.frixlaw.com/law-library/statutes/usc_t37_s203.md)
- [37 U.S.C. § 204 Entitlement](https://www.frixlaw.com/law-library/statutes/usc_t37_s204.md)
- [37 U.S.C. § 205 Computation: service creditable](https://www.frixlaw.com/law-library/statutes/usc_t37_s205.md)
- [37 U.S.C. § 206 Reserves; members of National Guard; members of the Space Force: inactive-duty training](https://www.frixlaw.com/law-library/statutes/usc_t37_s206.md)
- [37 U.S.C. § 206a Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation](https://www.frixlaw.com/law-library/statutes/usc_t37_s206a.md)
- [37 U.S.C. § 207 Band leaders](https://www.frixlaw.com/law-library/statutes/usc_t37_s207.md)
- [37 U.S.C. § 208 Repealed. Pub. L. 91–482, § 1(b) , Oct. 21, 1970 , 84 Stat. 1082 ]](https://www.frixlaw.com/law-library/statutes/usc_t37_s208.md)
- [37 U.S.C. § 209 Members of precommissioning programs](https://www.frixlaw.com/law-library/statutes/usc_t37_s209.md)
- [37 U.S.C. § 210 Pay of senior enlisted members during terminal leave and while hospitalized](https://www.frixlaw.com/law-library/statutes/usc_t37_s210.md)
- [37 U.S.C. § 211 Participation in Thrift Savings Plan](https://www.frixlaw.com/law-library/statutes/usc_t37_s211.md)
- [37 U.S.C. § 212 Advancement of basic pay: members deployed in combat zone for more than one year](https://www.frixlaw.com/law-library/statutes/usc_t37_s212.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/usc_t37_s802. Check the current official text before relying on it. Not legal advice.