37 U.S.C. § 503

Absence without leave or over leave

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(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) A commissioned officer of the Regular Corps of the Public Health Service, or an officer of the Reserve Corps 11 See Change of Name note below. 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. 87–649, Sept. 7, 1962, 76 Stat. 482; Pub. L. 89–718, § 49(a)(1), Nov. 2, 1966, 80 Stat. 1121; Pub. L. 96–513, title V, § 516(15), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 116–283, div. A, title IX, § 925(g)(1)(C), Jan. 1, 2021, 134 Stat. 3827; Pub. L. 118–31, div. A, title VI, § 603, Dec. 22, 2023, 137 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 NotesAmendments

2023—Subsec. (a). Pub. L. 118–31 designated existing provisions as par. (1), substituted “Subject to paragraph (2), a member” for “A member”, and added par. (2).

2021—Subsec. (a). Pub. L. 116–283, 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.

1980—Subsec. (a). Pub. L. 96–513 substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”.

1966—Subsec. (a). Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey”.

Statutory Notes and Related SubsidiariesChange of Name

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

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) Pub. L. 96–513, set out as a note under section 101 of this title.

Transfer of Functions

For 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 November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Executive DocumentsTransfer of Functions

Functions 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. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, 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 section 3508(b) of Title 20, Education.

Notes of Decisions

Cited in 23 cases (1 in the last 5 years), 1973–2024 · leading case: Matthews v. United States, 750 F.3d 1320 (Fed. Cir. 2014).

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Matthews v. United States, 750 F.3d 1320 (Fed. Cir. 2014). · cites it 3× “With respect to back pay, the court found that 37 U.S.C. § 503 prohibits military service members from receiving pay for absences without leave that are not unavoidable, and that an absence due to civilian incarceration is not considered unavoidable.”

Werner v. United States, 226 Ct. Cl. 462 (Ct. Cl. 1981). · cites it 12× “Additionally, he alleges that the decision is founded on an erroneous interpretation of 37 U.S.C. § 503 (a) (1976) and Army regulations pertaining to this subsection.”

Harris v. United States, 868 F.3d 1376 (Fed. Cir. 2017). · cites it 2× “Specifically, DoD Financial Management Regulation 7000.14-R, Tables 1-12 and 1-13, provide rules for determining whether a service member’s absence is excused or not excused as unavoidable when the service member is confined by civilian authorities.”

Lewis v. United States, 114 Fed. Cl. 682 (Fed. Cl. 2014). · cites it 7× “The government argues that 37 U.S.C. § 503 (a) establishes an exception to the general rule that service members are entitled to pay.”

James Andrew Thomas v. Dick Cheney, Sec'y of Def., & Michael P.W. Stone, Sec'y of the Army, 925 F.2d 1407 (Fed. Cir. 1991). · cites it 4× “QUESTIONS PRESENTED (1) Whether 37 U.S.C. § 503 (a) (1988) as implemented by Army Regulation 630-10 authorizes the Army to make “administrative AWOL" determinations that disqualify service members from receiving pay and benefits; and (2) If so, whether Major Thomas was…”

Midgett v. United States, 221 Ct. Cl. 171 (Ct. Cl. 1979). · cites it 2× “Defendant contends that since 37 U.S.C. § 503 (a) (1976) provides that those members of the armed forces who absent themselves without authority forfeit all pay and allowances for the period of that absence, any payment to his parents, while Midgett remains in deserter status,…”

Lowe v. United States, 79 Fed. Cl. 218 (Fed. Cl. 2007). “Both courts held that a service may refuse to “excuse as unavoidable” a service member’s absence from duty on account of civilian confinement under 37 U.S.C. § 503 (a), a statute governing payment of wages to servicemen absent without leave.”

Stone, 219 Ct. Cl. 604 (Ct. Cl. 1979). · cites it 3× “” In fact, Department of Defense regulations implementing 37 U.S.C. § 503 (a) specifically state that an absence such as *606 plaintiffs may not be so excused.”

Austin v. United States, 206 Ct. Cl. 719 (Ct. Cl. 1975). “Correlative to 37 U.S.C. § 503 (a) are the provisions authorizing an extension of service to make up lost time.”

Stone v. United States, 4 Cl. Ct. 264 (Ct. Cl. 1984). · cites it 3× “The Court concluded: The Army’s decision [to terminate plaintiff’s pay allotment] comports not only with the statute [ 37 U.S.C. § 503 (a) ] and Defense Department regulations, but also with decisions of this court.”

Borys v. United States, 201 Ct. Cl. 597 (Ct. Cl. 1973). · cites it 2× “Unless his absence is excused as unavoidable, his claim for active duty pay and allowances during this period is directly contrary to 37 U.S.C. § 503 , which provides: § 503. Absence without leave or over leave.”

Jones v. United States, 7 Cl. Ct. 673 (Ct. Cl. 1985). “Moreover, defendant alleges that plaintiff’s retention in the service under 10 U.”

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