United States Code

The Environmental Science Services Administration in the Department of Commerce, including the offices of Administrator and Deputy Administrator thereof, were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat. set out in the Appendix to Title 5, Government Organization and Employees, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred the personnel, property, records, and unexpended balances of funds of the Environmental Science Services Administration to such newly created National Oceanic and Atmospheric Administration. The components of the Environmental Science Services Administration thus transferred included the Weather Bureau, the Coast and Geodetic Survey, the Environmental Data Service, the National Environmental Satellite Center, and the ESSA Research Laboratories.

805.

Sale of pay by members of naval service to be discouraged by commanding officer.

§ 801. Restriction on payment to certain officers.

(a) An officer of the Regular Navy or the Regular Marine Corps, other than a retired officer, may not be employed by a person furnishing naval supplies or war materials to the United States. If such an officer is so employed, he is not entitled to any payment from the United States during that employment.

(b) Repealed. Pub. L. 89-718, § 68(1), Nov. 2, 1966, 80 Stat. 1123.

(c) Payment may not be made from any appropriation, for a period of three years after his name is placed on that list, to an officer on a retired list of the Regular Army, the Regular Navy, the Regular Air Force, the Regular Marine Corps, the Regular Coast Guard, the Environmental Science Services Administration, or the Public Health Service, who

Nov. 1, 1951, ch. 664, § 1309, 65 Stat. 757.

Aug. 7, 1953, ch. 340, § 1309 67 Stat. 437.

In subsection (c), the words "in any Act" are omitted as surplusage. The words "his name is placed on that list" are substituted for the word "retirement", to conform to the words "on any retired list", since an officer may be on a retired list under chapter 67 of title 10 without being formally retired.

AMENDMENTS

1966-Subsec. (b). Pub. L. 89-718, § 68(1), struck out subsec. (b) which provided that retired officers of the Regular Navy or Regular Marine Corps engaged for themselves or others in selling, or contracting or negotiating to sell, naval supplies or war materials to the Department of the Navy, would not be entitled to any payment from the United States while so engaged.

Subsec. (c). Pub. L. 89-718, §§ 49(a)(1), 68(2), substituted "Environmental Science Services Administration" for "Coast and Geodetic Survey", and "three years" for "two years."

TRANSFER OF FUNCTIONS

All functions of Public Health Service, of the Surgeon General of the Public Health Service, and of all other officers and employees of the Public Health Service, and all functions of all agencies of or in the Public Health Service transferred to Secretary of Health, Education, and Welfare by 1966 Reorg. Plan No. 3, 31 F.R. 8855, 80 Stat. 1610, effective June 25, 1966, set out in the Appendix to Title 5, Government Organization and Employees.

§ 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, or Marine Corps, on active duty who is absent from his regular duties for a continuous period of more than one day because of disease that is directly caused by and immediately follows his 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 his pay is forfeited. Determinations of

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.

§ 803. Commissioned officers of Army or Air Force: forfeiture of pay when dropped from rolls.

A commissioned officer of the Army or the Air Force who is dropped from the rolls under section 1161(b) of title 10 for absence without authority for three months forfeits all pay due or to become due. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 486.) HISTORICAL AND REVISION NOTES

906.

907.

Officers of Navy or Marine Corps not covered by section 904 of this title: effective date of beginning of pay and allowances.

Extension of enlistment: effect on pay and allow

ances.

Enlisted members appointed as officers; pay and allowances stabilized.

AMENDMENTS

1970-Pub. L. 91-484, § 1(2), Oct. 21, 1970, 84 Stat. 1084, added item 907.

§ 901. Wartime pay of officer of armed force exercising command higher than his grade.

In time of war, an officer of an armed force who is serving with troops operating against an enemy and who exercises, under assignment in orders issued by competent authority, a command above that pertaining to his grade, is entitled to the pay and allowances (not above that of pay grade O-7) appropriate to the command so exercised. (Pub. L. 87649, Sept. 7, 1962, 76 Stat. 486.)

HISTORICAL AND REVISION NOTES

Applicability of the source law to the Air Force is based on Transfer Order No. 25 (zzz), of the Secretary of Defense, dated October 14, 1948. Its applicability, other than to the Army and the Air Force, is based upon an opinion of the Judge Advocate General of the Navy, JAG 135: DDC; dmt.; 4229, dated July 29, 1960. The words "(but not above that of pay grade O-7)" are substituted for section 235a (proviso) of existing title 37.

§ 902. Pay of crews of wrecked or lost naval vessels. (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 General Accounting Office, under the direction of 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

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" The words "or the findings of a" are inserted since a court of inquiry cannot impose a sentence.

are inserted for clarity.

§ 903. Retired members recalled to active duty; former members.

A retired member or former member of a uniformed service, or a member of the Fleet Reserve or Fleet Marine Corps Reserve, who is serving on active duty is entitled to the pay and allowances to which he is entitled, under this title, for the grade, rank, or rating in which he is serving. In addition, while on active duty, he is entitled to the pay and allowances, while on leave of absence or while sick, of a member of a uniformed service of similar grade, rank, or rating who is entitled to basic pay. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 487.)

HISTORICAL AND REVISION NOTES

The words

rights".

The word "rating" is inserted for clarity. "is entitled to" are substituted for the words "shall be entitled to receive and have the same . . . The last 41 words of section 314 of existing title 37 are omitted, since the sections mentioned therein were repealed by section 53(b) of the Act of August 10, 1956, ch. 1041 (70A Stat. 646). The subject of death benefits and entitlement thereto is now covered by chapter 75 of title 10.

§ 904. Officers of Navy or Marine Corps promoted under chapter 545 of title 10: effective date of beginning of pay and allowances.

(a) An officer who is promoted under any of sections 5751-5773 of title 10 is entitled to the pay and allowances of the grade to which promoted from the date of the occurrence of the vacancy that he was promoted to fill, if he is in one of the following categories

(1) male line officers of the Navy not restricted in the performance of duty;

(2) male line officers of the Navy designated for engineering duty, aeronautical engineering duty, or special duty promoted to the grade of rear admiral;

(3) male line officers of the Navy designated for engineering duty, aeronautical engineering duty, or special duty who are promoted to the grade of lieutenant commander to fill vacancies in the combined grades of lieutenant commander, commander, and captain and whose promotion was delayed because there were no vacancies for them at the time when they would otherwise have been eligible for promotion under section 5769(b) of title 10;

(4) male line officers of the Navy designated for limited duty;

(5) women line officers of the Navy;

(6) male officers of the Marine Corps not restricted in the performance of duty;

(7) male officers of the Marine Corps designated for supply duty promoted to the grade of brigadier general;

(8) male officers of the Marine Corps designated for supply duty who are promoted to the grade of major to fill vacancies in the combined grades of major, lieutenant colonel, and colonel and whose promotion was delayed because there were no vacancies for them at the time when they would otherwise have been eligible for promotion under section 5769 (b) of title 10;

(9) male officers of the Marine Corps designated for limited duty;

(10) women officers of the Marine Corps; or (11) staff corps officers of the Navy promoted to the grade of rear admiral.

(b) A male line officer of the Navy designated for engineering duty, aeronautical engineering duty, or special duty, or a male officer of the Marine Corps designated for supply duty, if not in a category listed in subsection (a) of this section, is entitled, when promoted under any of sections 5751-5773 of title 10, to the pay and allowances of the grade to which promoted from the date on which he became eligible for promotion to that grade.

(d) A male staff corps officer or a woman staff corps officer who is promoted to a grade below rear admiral under any of sections 5751-5773 of title 10 is entitled to the pay and allowances of the grade to which promoted from the date on which his running mate in that grade became eligible for promotion to that grade. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 487; Pub. L. 90-130, § 3(2), Nov. 8, 1967, 81 Stat. 383; Pub. L. 90-623, § 3(8), Oct. 22, 1968, 82 Stat. 1315.)

HISTORICAL AND REVISION NOTES

1967-Subsec. (a). Pub. L. 90–130, § 3 (2) (A), (B), substituted "5773" for "5774" in the material preceding clause (1), struck out provisions of clause (5) which had required women line officers of the Navy to have been on the active list and to have been promoted to the grade of commander or lieutenant commander, and struck out provisions of clause (10) which had required women officers of the Marine Corps to have been on the active list and to have been promoted to the grade of lieutenant colonel or major.

Subsec. (b). Pub. L. 90-130, § 3(2)(A), substituted "5773" for "5774".

Subsec. (c). Pub. L. 90-130, § 3(2) (C), struck out subsec. (c) which provided that women line officers on the active list of the Navy promoted to the grade of lieutenant and women officers on the active list of the Marine Corps promoted to the grade of captain under any of sections 5751-5774 of Title 10 were entitled to pay and allowances of the grade to which promoted from July 1 following the date on which the President approved the report of the selection board that recommended her for promotion. Subsec. (d). Pub. L. 90-130, § 3(2) (A), (D), substituted "5773" for "5774" and struck out reference to subsec. (e) of this section.

Subsec. (e). Pub. L. 90-130, § 3(2)(C), struck out subsec. (e) which provided that officers in the Nurse Corps promoted to the grade of captain or commander under any of sections 5751-5774 of Title 10 were entitled to the pay and allowances of the grade to which promoted from the date of the occurrance of the vacancy that he was promoted to fill or the date on which the President approved the report of the selection board that recommended him for promotion, whichever was later.

EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-623, set out as a note under section 5334 of Title 5, Government Organization and Employees.

§ 905. Officers of Navy or Marine Corps not covered by section 904 of this title: effective date of beginning of pay and allowances.

(a) The pay of an officer of the Regular Navy or the Regular Marine Corps begins on the date he accepts his initial appointment, except that—

(1) the pay of an officer required to give an official bond begins on the date the bond is approved by proper authority; and

(2) the pay of an officer commissioned within six months after his graduation from the United States Naval Academy begins on the date of rank stated in his commission.

(b) A reserve officer who is promoted under chapter 549 of title 10 to a grade above lieutenant (junior grade) in the Naval Reserve or above first lieutenant in the Marine Corps Reserve is entitled to the pay and allowances of the grade to which promoted for duty performed from the date on which he became eligible for promotion to that grade. However, if an officer has not established his professional and moral qualifications, as prescribed by the Secretary of the Navy under section 5867 of title 10, within one year after the date on which the President approved the report of the selection board that recommended him for promotion, he is entitled to the pay and allowances of the grade to which promoted only from the date he is appointed in that grade.

(c) A reserve officer who is promoted under section 5908 of title 10 to the grade of lieutenant (junior grade) in the Naval Reserve or first lieutenant in the Marine Corps Reserve is entitled to the pay and

allowances of the higher grade for duty performed from the date given him as his date of rank.

(d) An officer of the Navy or Marine Corps who is promoted under section 5788 of title 10 is entitled to the pay and allowances of the higher grade from his date of rank in that grade unless he is entitled to them from an earlier date under another law.

(e) A woman officer temporarily promoted under section 5787b of title 10 is entitled to the pay and allowances of the higher grade from the date of her eligibility for that temporary promotion.

(f) An officer appointed in a higher grade under section 5505 of title 10 is entitled to the pay and allowances of the higher grade from the date of his appointment in that grade.

(g) A member of the naval service who is appointed under section 5597 of title 10 is entitled to the pay and allowances of the grade in which appointed from the date that appointment is made. Such a person may not suffer a reduction in the pay and allowances to which he was entitled because of his permanent status at the time of his temporary appointment, or a reduction in the pay and allowances to which he was entitled under a prior temporary appointment in a lower grade.

(h) A member of the naval service who is appointed under section 5787 of title 10 is entitled to the pay and allowances of the grade in which appointed from the date that appointment is made. Such a member may not suffer a reduction in the pay and allowances to which he was entitled at the time of his appointment. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 488.)

§ 906. Extension of enlistment: effect on pay and allowances.

A member of the Army, Navy, Air Force, Marine Corps, or Coast Guard, as the case may be, who extends his enlistment under section 509 of title 10 is entitled to the same pay and allowances as though he had reenlisted. For the purposes of determining entitlement to reenlistment bonus or to travel and transportation allowances upon discharge, all such extensions of an enlistment are considered one continuous extension. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 489; Pub. L. 90-235, § 2(c), Jan. 2, 1968, 81 Stat. 757.)

HISTORICAL AND REVISION NOTES

In subsection (a), the words "who extends his enlistment" are substituted for the words "While serving under an enlistment extended". The words "same pay and allowances as though he had reenlisted" are substituted for the last 31 words of section 3263 (b) of title 10 and the last 31 words of section 8263 (b) of title 10.

AMENDMENTS

1968-Pub. L. 90-235 struck out provisions formerly set out as subsec. (a) which provided that a member of the Army or Air Force who had extended his enlistment was entitled to the same pay as though he had reenlisted, redesignated as entire section provisions formerly set out as subsec. (b) and substituted "Army, Navy, Air Force, Marine Corps, or Coast Guard" for "Regular Navy or the Regular Marine Corps" and "section 509 of title 10" for "section 5539 of title 10" therein.

§ 907. Enlisted members appointed as officers; pay and allowances stabilized.

An enlisted member who accepts a permanent or temporary appointment as an officer in a regular or reserve component of a uniformed service shall, following his appointment, be paid the greater of—

(1) the pay and allowances to which, immediately prior to his appointment, he was entitled as an enlisted member, including

(A) proficiency pay to which he would be entitled had he not been appointed as an officer; and

(B) clothing allowance, except when such member is eligible for payment of a uniform allowance as provided in section 415 of this title; or

(2) the pay and allowances to which he thereafter becomes entitled as an officer. However, proficiency pay, incentive pay for hazardous duty, special pay for diving duty, and sea and foreign duty pay may be used in calculating the amount of his former pay and allowances only for so long as the member continues to perform the duty and would be eligible to receive payment had he remained in his former status. (Added Pub. L. 91-484, § 1(1), Oct. 21, 1970, 84 Stat. 1083.)

(b) Regulations of the Secretary concerned relating to pay and allowances matters, similar to those covered by subsection (a) of this section, for members of the Coast Guard, the Environmental Science Services Administration, and the Public Health Service, shall, as far as practicable, conform to regulations approved under that subsection.

(c) The Secretary of Defense, the Secretary of Transportation, the Secretary of Commerce, or the Secretary of Health, Education, and Welfare, may obtain from the Comptroller General an advisory opinion with respect to a proposed regulation especially affecting a department under that Secretary's jurisdiction. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 489; Pub. L. 89-718, §§ 49(a) (1), 69, Nov. 2, 1966, 80 Stat. 1121, 1123; Pub. L. 90-623, § 3(1), Oct. 22, 1968, 82 Stat. 1314.)

HISTORICAL AND REVISION NOTES

In subsection (a), the words "within the Department of Defense" are omitted as surplusage. The words "members of the armed forces" are substituted for the words "military personnel".

In subsection (b), the words "conform to" are substituted for the words "agree with".

In subsection (c), the words "or departments" are omitted, since, under section 1 of title 1, words importing the singular include and apply to several persons, parties, or things.

AMENDMENTS

1968 Subsec. (c). Pub. L. 90-623 substituted "Secretary of Transportation" for "Secretary of the Treasury”. 1966 Subsec. (b). Pub. L. 89-718 substituted "Environmental Science Services Administration" for "Coast and Geodetic Survey", and inserted "and allowances" between "pay" and "matters."

TRANSFER OF FUNCTIONS

The Environmental Science Services Administration in the Department of Commerce, including the offices of Administrator and Deputy Administrator thereof, were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat. -, set out in the Appendix to Title 5, Government Organization and Employees, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred the personnel, property, records, and unexpended balances of funds of the Environmental Science Services Administration to such newly created National Oceanic and Atmospheric Administration. The components of the Environmental Science Services Administration thus transferred included the Weather Bureau, the Coast and Geodetic Survey, the Environmental Data Service, the National Environmental Satellite Center, and the ESSA Research Laboratories.

All functions of Public Health Service, of the Surgeon General of the Public Health Service, and of all other offcers and employees of the Public Health Service, and all functions of all agencies of or in the Public Health Service transferred to Secretary of Health, Education, and Welfare

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