---
kind: "section"
citation: "37 U.S.C. § 802"
title: "37"
title_heading: "Pay and Allowances of the Uniformed Services"
number: "802"
heading: "Forfeiture of pay during absence from duty due to disease from intemperate use of alcohol or drugs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/37/802"
units:
  - "Chapter 15 — Prohibitions and Penalties"
---

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


A [member](/usc/37/101.md?p=23) of the Army, Navy, Air Force, Marine Corps, or Space Force, on [active duty](/usc/37/101.md?p=18) who is absent from the [member](/usc/37/101.md?p=23)’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](/usc/37/101.md?p=23)’s intemperate use of alcoholic liquor or habit-forming drugs is not entitled to [pay](/usc/37/101.md?p=21) for the period of that absence. However, a [member](/usc/37/101.md?p=23) whose [pay](/usc/37/101.md?p=21) is forfeited for more than one month is entitled to $5 for personal expenses for each full month that the [member](/usc/37/101.md?p=23)’s [pay](/usc/37/101.md?p=21) is forfeited. Determinations of periods and causes of absence under this section shall be made as prescribed by the [Secretary concerned](/usc/37/101.md?p=5), and are final.


## 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.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| 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 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.