In subsection (a), the words "within that department" are inserted for clarity. The words "may prescribe" are substituted for the words "shall prescribe", since the words "that he considers necessary" indicate that the prescribing of regulations is not mandatory.

Subsection (b) is substituted for section 255(d) (less last sentence) of existing title 37. Section 255(d) last sentence) of existing title 37 is omitted, since the categories named therein are excluded by the words "a reserve officer". (See revision note for section 415(a) of this revised title.)

8418. Clothing allowance: enlisted members.

The President may prescribe the quantity and kind of clothing to be furnished annually to an enlisted member of the armed forces or the National Guard, and may prescribe the amount of a cash allowance to be paid to such a member if clothing is not so furnished to him. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 478.)

HISTORICAL AND REVISION NOTES

The words "the armed forces" are substituted for the words "the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard" to conform to the definition in section 101(4) of this title. The words "the Naval Reserve, the Marine Corps Reserve, ... the National Guard of the United States, the Air National Guard of the United States, the Army Reserve, the Air Force Reserve, and the Coast Guard Reserve" are omitted, since, under the definitions of the armed forces concerned in sections 3062(c), 5001(a) (1) and (2), and 8062 (d) of title 10, and section 751a of title 14, those organizations, or their successors, are components of the armed force concerned. § 419. Allowances while participating in international sports.

(a) Section 716 of title 10 does not authorize the payment of allowances at higher rates than those provided for participation in military activities not covered by that section.

(b) Notwithstanding any other law, a member of a uniformed service is not entitled to travel and transportation allowances under sections 404-411 of this title for any period during which his expenses for travel or transportation are being paid by the agency sponsoring his participation in a competition covered by section 716 of title 10.

(c) Notwithstanding any other law, a member of a uniformed service who has no dependents is not entitled to the basic allowances for subsistence and quarters authorized by sections 402 and 403 of this title for a period during which he is subsisted and quartered by the agency sponsoring his participation in a competition covered by section 716 of title 10. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 478.)

Source (Statutes at Large)

Oct. 12, 1949, ch. 681, 307, added Sept. 2, 1958, Pub. L. 85-861, 11, 72 Stat. 1556

§ 420. Allowances: no increase while dependent is entitled to basic pay.

A member of a uniformed service may not be paid an increased allowance under this chapter, on account of a dependent, for any period during which that dependent is entitled to basic pay under section 204 of this title. (Pub. L. 87–649, Sept. 7, 1962,

§ 421. Contract surgeons.

(a) A contract surgeon who is serving full time with a uniformed service is entitled to the basic allowances, and other allowances authorized by this chapter, of a commissioned officer in pay grade 0-3 with over four, but not more than six, years of service computed under section 205 of this title.

(b) A contract surgeon who is serving part time with a uniformed service is entitled to the travel and transportation allowances autorized by this chapter under the same conditions and in the same amounts as are applicable to commissioned officers. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 479, amended Pub. L. 88-132, § 3(b), Oct. 2, 1963, 77 Stat. 212.) HISTORICAL AND REVISION NOTES

1963-Subsec. (a). Pub. L. 88-132 substituted "0-3 with over four, but not more than six," for "O-2 with less than two."

EFFECTIVE DATE OF 1963 AMENDMENT Amendment of section by Pub. L. 88-132 effective Oct. 1, 1963, see section 14 of Pub. L. 88-132, set out as a note under section 201 of this title.

§ 422. Cadets, midshipmen, and naval officer candidates. (a) A cadet at the United States Military Academy, the United States Air Force Academy, or the

Coast Guard Academy, or a midshipman at the United States Naval Academy, is entitled to the allowances provided by law for a midshipman in the Navy, and to travel and transportation allowances prescribed under section 410 of this title while traveling under orders as a cadet or midshipman.

(b) Each midshipmman of the Navy to whom a Navy ration is not furnished is entitled to the commuted value of the ration in money for each day that he is on active duty, including each day that he is on leave. The Secretary of the Navy may prescribe regulations stating the conditions under which the commuted value shall be allowed and may prescribe regulations establishing the rates at which the ration shall be commuted.

(c) A midshipman appointed under section 6904 of title 10, or a seaman recruit who is enlisted under section 6905 of title 10, is entitled to the allowances provided for a midshipman at the United States Naval Academy for

(1) initial travel to the college or university in which matriculated;

(2) travel while under orders; and

(3) travel on discharge.

However, allowance for travel on discharge may not be paid to such a midshipman or recruit who is discharged and who continues his scholastic instruction at the same college or university.

(d) While on flight training or on flight duty, a midshipman appointed under section 6906 of title 10 is entitled to the allowances provided for a midshipman at the United States Naval Academy. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 479.)

HISTORICAL AND REVISION NOTES

(a) the leader of the Army Band is entitled to the allowances of a captain in the Army.

(b) The director of music at the United States Military Academy is entitled to the allowances of a commissioned officer whose grade corresponds to the rank prescribed for the director by the Secretary of the Army.

(c) The leader of the United States Navy Band is entitled to the allowances of a lieutenant in the Navy.

(d) A member of the Marine Corps who is appointed as director or assistant director of the United States Marine Corps Band under section 6222 of title 10, is entitled, while serving thereunder, only to the allowances of an officer in the grade in which he is serving. However, his allowances may not be less than those to which he was entitled at the time of his appointment under that section.

(e) The leader of the Naval Academy Band is entitled to the allowances of the pay grade prescribed for him by the Secretary of the Navy under section 207(e) of this title. The second leader is entitled to the allowances of a warrant officer, W-1. L. 87-649, Sept. 7, 1962, 76 Stat. 480.)

HISTORICAL AND REVISION NOTES

(Pub.

In subsection (a), the words "prescribed under section 410 of this title" are inserted to reflect that revised section.

§ 423. Validity of allowance payments based on purported marriages.

A payment of an allowance, based on a purported marriage, that is made under this chapter, under the Career Compensation Act of 1949, or under the Pay Readjustment Act of 1942, before judicial annulment or termination of that marriage, is valid, if a court of competent jurisdiction adjudges or decrees that the marriage was entered into in good faith on the part of the spouse who is a member of a uniformed service or if, in the absence of such a judgement or decree, such a finding of good faith is made by the Secretary concerned or by a person designated by him to investigate the matter. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 479.)

The words "is entitled" are substituted for the words "shall be allowed" in subsection (a), and the words "may be used" are substituted for the words "are available" in subsection (b), to conform to other sections of this revised chapter.

§ 427. Family separation allowance.

(a) In addition to any allowance or per diem to which he otherwise may be entitled under this title, a member of a uniformed service with dependents who is on permanent duty outside of the United States, or in Alaska, is entitled to a monthly allowance equal to the basic allowance for quarters payable to a member without dependents in the same pay grade if—

(1) the movement of his dependents to his permanent station or a place near that station is not authorized at the expense of the United States under section 406 of this title and his dependents do not reside at or near that station; and

(2) quarters of the United States or a housing facility under the jurisdiction of a uniformed service are not available for assignment to him. (b) Except in time of war or of national emergency hereafter declared by Congress, and in addition to any allowance or per diem to which he otherwise may be entitled under this title, including subsection (a) of this section, a member of a uniformed service with dependents (other than a member in pay grade E-1, E-2, E-3, or E-4 (4 years' or less service)) who is entitled to a basic allowance for quarters is entitled to a monthly allowance equal to $30 if

(1) the movement of his dependents to his permanent station or a place near that station is not authorized at the expense of the United States under section 406 of this title and his dependents do not reside at or near that station;

(2) he is on duty on board a ship away from the home port of the ship for a continuous period of more than 30 days; or

(3) he is on temporary duty away from his permanent station for a continuous period of more than 30 days and his dependents do not reside at or near his temporary duty station. A member who becomes entitled to an allowance under this subsection by virtue of duty described in clause (2) or (3) for a continuous period of more than 30 days is entitled to the allowance effective as of the first day of that period. (Added Pub. L. 88-132, § 11(1), Oct. 2, 1963, 77 Stat. 217.)

EFFECTIVE Date

Section effective Oct. 1, 1963, see section 14 of Pub. L. 88-132, set out as a note under section 201 of this title.

(2) "child" means

(A) a legitimate child;

(B) a legally adopted child;

(C) a stepchild, if at the time of the death of the member or former member, the stepchild was a member of his household;

(D) an illegitimate child, in the case of a female member or former member;

(E) an illegitimate child to whose support a male member or former member has been judicially ordered or decreed to contribute, of whom he has been judicially decreed to be the father, or of whom he has acknowledged in writing under oath that he is the father; and

(F) a person to whom the member or former member, at the time of his death, stood in loco parentis and so stood for at least 12 months before his death;

(3) "parent" means—

(A) a father or mother;

(B) a grandfather or grandmother;

(C) a stepfather or stepmother;

(D) a father or mother by adoption; or

(E) a person who for a period of not less than one year before the death of the member or former member stood in loco parentis to him; except that not more than two persons may be treated as parents for the purposes of this clause, and preference shall be given to the persons who bore a parental relation at the time of, or most nearly before, the death of the member or former member; and

(4) "brother or sister" means

(A) a brother or sister of the whole blood;
(B) a brother or sister of the half blood;
(C) a stepbrother or stepsister; or
(D) a brother or sister by adoption.

(b) An officer of the Army, Navy, Air Force, Marine Corps, Coast Guard, or Coast and Geodetic Survey who had accrued leave to his credit at the time of his discharge is entitled to be paid in cash or by a check on the Treasurer of the United States for that leave on the basis of the basic pay and allowances to which he was entitled on the date of discharge. An enlisted member of such a uniformed service who had accrued leave to his credit at the time of his discharge is entitled to be paid in cash or by a check on the Treasurer of the United States for that leave on the basis of the basic pay to which he was entitled on the date of discharge, plus an allowance computed at the rate of 70 cents a day for

subsistence, and for an enlisted member in pay grade E-9, E-8, E-7, E-6, or E-5, with dependents, an allowance computed at the rate of $1.25 a day for quarters. However, a payment may not be made under this subsection to a member who

(1) is discharged for the purpose of accepting an appointment or a warrant, or entering into an enlistment, in his armed force; or

(2) elects to carry over his unused leave to a new enlistment in his armed force on the day after the date of his discharge.

A member to whom a payment may not be made under this subsection, or a member who reverts from officer to enlisted status, carries the accrued leave standing to his credit from the one status to the other within his armed force.

(c) Unused accrued leave for which payment is made under subsection (b) of this section is not considered as service for any purpose.

(d) Payments for unused accrued leave under subsection (b) of this section, in the case of a member or former member who dies after retirement or discharge and before he receives that payment, shall be made upon application, to or for the living survivors highest on the following list

(1) his surviving spouse and children, in equal shares;

(2) his parents, in equal shares;

(3) his brothers and sisters, in equal shares; or (4) the children of his deceased brothers and sisters, in equal shares.

If there is no survivor, payment may not be made under this subsection. Payment under this subsection to a survivor who has passed his seventeenth birthday and who has not passed his twenty-first birthday discharges the obligations of the United States under this subsection.

(e) A member of the Army, Navy, Air Force, Marine Corps, Coast Guard, or Coast and Geodetic Survey who is discharged under other than honorable conditions forfeits all accrued leave to his credit at the time of his discharge.

(f) Payment may not be made for leave in excess of 60 days upon discharge or retirement.

(g) An officer of the Regular Corps of the Public Health Service, or an officer of the Reserve Corps of the Public Health Service on active duty, who is credited with accumulated and accrued annual leave on the date of his separation, retirement, or release from active duty, shall, if his application for that leave is approved by the Surgeon General, be paid for that leave in a lump-sum on the basis of his basic pay, subsistence allowance, and allowance for quarters whether or not he is receiving that allowance on that date. However, the number of days upon which the lump-sum payment is based may not be more than 60. A lump-sum payment may not be made under this subsection to an officer

(1) whose appointment expires or is terminated and who, without a break in active service, accepts a new appointment;

(2) who is retired for age in time of war and is continued on, or recalled to, active duty without a break in active service; or

(3) who is transferred to another department or agency of the United States under circum

stances in which, by any other law, his leave may be transferred.

In this subsection, "accumulated annual leave" means unused accrued annual leave carried forward from one leave year into the next leave year, and "accrued annual leave" means the annual leave accruing to an officer during one leave year. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 480.)

Revised section

501(a). 501(b).

501(c). 501(d). 501(e)

HISTORICAL AND REVISION NOTES

Source (U.S. Code)

Source (Statutes at Large)

Aug. 9, 1946, ch. 931, § 4(c), (d), 60 Stat. 964; restated Aug. 4, 1947, ch. 475, § 1 (less 1st 2 pars.), 61 Stat. 748; July 24, 1956, ch. 682, § 1, 70 Stat. 625. Aug. 9, 1946, ch. 931, § 2(b), (d), (e), (g), and (h), 60 Stat. 963; June 19, 1948, ch. 541, § 1(a), 62 Stat. 506. Aug. 9, 1946, ch. 931, § 3(b) (proviso); added Sept. 23, 1950, ch. 998, § 1 (proviso), 64 Stat. 979.

July 1, 1944, ch. 373, § 219(c) (last sentence), (d) (as applicable to (c) (last sentence)); added Aug. 9, 1950, ch. 654, §2 (last sentence of 3d par., and 4th par., as applicable to last sentence of 3d par.), 64 Stat. 426.

Aug. 17, 1949, ch. 452, § 1 (less last proviso), 63 Stat. 611.

In subsection (a), the word "officer' is substituted for the words "commissioned officer or warrant officer", in section 32(b) of existing title 37. The words "persons may be treated as parents for the purposes of this clause" are substituted for the words "parents may receive the benefits provided under said sections" in section 32(e) of existing title 37.

In subsections (b)-(d) and (f), the word "payment" is substituted for the word "settlement".

In subsection (b), the words "in pay grade E-9, E-8, E-7, E-6, or E-5 with dependents, an allowance computed at the rate of $1.25 a day for quarters" are substituted for the words "the allowances as provided for such enlisted persons in subsection (a)". The words "after August 31, 1946" are omitted as executed. The word "basic" is substituted for the words "base and longevity" to reflect current terminology.

In subsection (c), the word "accrued" is inserted to conform to subsection (b). The words "and compensated for in cash" are omitted as surplusage.

In subsection (d), the words "and compensation" and "of the Armed Forces" are omitted as surplusage. The words "before he receives" are substituted for the words "without having received".

In subsection (f), the words "cash" and "unused or accumulated" are omitted as surplusage. The words "subsequent to August 31, 1946" are omitted as executed. In subsection (g), the word "retirement" is omitted as covered by the words "separation or release from active duty". The words "under this subsection" are substituted for the words "for such unused leave". The word "appointment" is substituted for the word "commission". § 502. Absences due to sickness, wounds, and certain other causes.

(a) A member of the Army, Navy, Air Force, Marine Corps, Coast Guard, or Coast and Geodetic Survey, who is absent because of sickness or wounds, or who is directed by the Secretary concerned, or his designated representative, to be absent from duty to await orders pending disability retirement proceedings for a period that is longer than the leave authorized by section 701 of title 10, is entitled to the pay and allowances to which he would be

entitled if he were not so absent. A member who is absent with leave for any other reason for not longer than the leave authorized by that section is entitled to the same pay and allowances to which he would be entitled if he were not on leave, and to any additional allowances otherwise provided by law for members on leave.

(b) Except as provided in subsection (a) of this section, a member who is authorized by the Secretary concerned, or his designated representative, to be absent for a period that is longer than the leave authorized by section 701 of title 10 is not entitled to pay or allowances during the part of his absence that is more than the number of days' leave authorized by that section. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 482.)

HISTORICAL AND REVISION NOTES

Aug. 9, 1946, ch. 931, § 10 (as applicable to payment for leave); added Aug. 4, 1947, ch. 475, § 3 (as applicable to payment for leave), 61 Stat. 749; Sept. 2, 1958, Pub. L. 85-861, § 33(d)(2), 72 Stat. 1567.

Aug. 9, 1946, ch. 931, § 4(b) (less 3d sentence); restated Aug. 4, 1947, ch. 475, §1 (2d par., less 3d sentence), 61 Stat. 748. Aug. 9, 1946, ch. 931, § 2(f) (last 8 words), 60 Stat. 963. Aug. 17, 1949, ch. 452, § 1 (less last proviso), 63 Stat. 611. Aug. 9, 1946, ch. 931, § 2(1) (last 8 words), 60 Stat. 963.

In subsection (a), the words "After August 31, 1946", in section 33(b) of existing title 37, are omitted as executed. The words "allowance or", in section 33(b) of existing title 37, are omitted as surplusage. The last sentence of section 33 (b) of existing title 37 is omitted as executed, since the Act of December 28, 1945 (59 Stat. 663) was repealed by section 506 (g) of the Officer Personnel Act of 1947 (61 Stat. 892.)

In subsections (a) and (b), the words ", or his designated representative," are substituted for the last 8 words of section 32(f) of existing title 37.

In subsection (b), the words "Except as provided in subsection (a) of this section" are inserted for clarity. The words "the part of his absence that is more than the number of days' leave authorized by that section" are substituted for the words "such absence".

§ 503. Absence without leave or over leave.

(a) A member of the Army, Navy, Air Force, Marine Corps, Coast Guard, or Coast and Geodetic Survey, 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.

(b) A commissioned officer of the Regular Corps of the Public Health Service, or an officer of the Reserve Corps 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.)

HISTORICAL AND REVISION NOTES

Source (Statutes at Large)

Aug. 9, 1946, ch. 931, § 4(b) (3d sentence); restated Aug. 4, 1947, ch. 475, § 1 (3d sentence of 2d par.), 61 Stat. 748.

Aug. 17, 1949, ch. 452, § 1 (less

last proviso), 63 Stat. 611. July 1, 1944, ch. 373, § 219(b);

added Aug. 9, 1950, ch. 654, § 2 (2d par.), 64 Stat. 426.

The words "on active duty (other than for training)" are substituted for the words "on the active... list" to conform to longstanding administrative construction, and because there is no "active list" in the case of many of the uniformed services named, but only for certain regular components of those services, e.g., the "Regular Army" and the "Regular Air Force". The words "a retired list of that service" are substituted for the words "retired list", since there is more than one retired list for many of the services named. (See sections 1376, 3966, and 8966 of title 10, for example.) The words "members of the Reserve components of the respective services entitled to Federal pay either on the active or any retired list of said services" are omitted as covered by clause (1), since members of the reserve components are members of the uniformed service concerned. The word "transferred" is omitted as surplusage.

§ 602. Payments: designation of person to receive amounts due.

(a) Active duty pay and allowances, amounts due for accrued or accumulated leave, or retired or retainer pay, that are otherwise payable to a member to whom this chapter applies and who, in the opinion of a board of medical officers or physicians, is mentally incapable of managing his affairs, may be paid