### §503. Absence without leave or over leave

(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 1 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.)

| 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 Notes**

#### Amendments

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 Subsidiaries**

#### Change 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 Documents**

#### Transfer 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.

1 See Change of Name note below.