for that member's use or benefit to any person designated by the Secretary concerned, or by any officer to whom he delegates his authority under this section, without the appointment in judicial proceedings of a committee, guardian, or other legal representative. (b) The board shall consist of at least three qualified medical officers or physicians, one of whom is specially qualified in the treatment of mental disorders, appointed from available medical officers or [physicians under his jurisdiction by the head of whichever of the following is providing medical treatment for the member, or by a person designated by that head (1) Department of the Army; (3) Department of the Air Force; (4) Department of Health, Education, and Welfare; or (5) Veterans' Administration. If the hospitalization or medical care of the member is not provided by the United States, the board shall be apointed by the Secretary of the department having jurisdiction of the member. (c) A payment made to a person who is designated under this section discharges the obligation of the United States as to the amount paid. (d) A person serving in a legal, medical, fiduciary, or other capacity, may not demand or accept a fee, commission, or other charge for any service performed under this chapter. (e) This section does not apply in any case in which a legal committee, guardian, or other representative has been appointed by a court of competent jurisdiction, except as to payments made before the paying agency of the department concerned receives notice of that appointment. (f) A person who is designated to receive payments under this section shall furnish satisfactory assurance that the amounts received by him will be applied to the use and benefit of the incompetent member, and, where the payments may be reasonably be expected to be more than $1,000, shall provide a suitable bond to be paid for out of amounts due the incompetent member. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 483.) HISTORICAL AND REVISION NOTES "designated to receive payments and those who perform the Secretary's functions under the section. The words "the necessity of" are omitted as surplusage. In subsection (c), the words "or persons" are omitted for the reasons given in the preceding paragraph. The words "discharges the obligation" are substituted for the words "shall constitute a complete discharge". In subsection (d), the words "under the authority of” are omitted as surplusage. In subsection (e), the words "have been" and "including a requirement" are omitted as surplusage. The words "or persons" are omitted for the reason stated in the explanation under subsection (a), above. 701. Members of Army or Air Force; contract surgeons. Allotments: officers of Public Health Service. § 701. Members of Army or Air Force; contract surgeons. (a) Under regulations prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, a commissioned officer of the Army or the Air Force may transfer or assign his pay account when due and payable. (b) A contract surgeon, or contract dental surgeon, of the Army or the Air Force, on duty in Alaska, Hawaii, the Philippine Islands, or Puerto Rico, may transfer or assign his pay account, when due and payable, under the regulations prescribed under subsection (a) of this section. (c) An enlisted member of the Army or the Air Force may not assign his pay, and if he does so, the assignment is void. (d) The Secretary of the Army or the Secretary of the Air Force, as the case may be, may allow a— (1) member of the Army or the Air Force; or (2) contract surgeon of the Army or the Air Force; to make allotments from his pay for the support of his relatives, or for any other purpose that the Secretary concerned considers proper. If an allotment made under this subsection is paid to the allottee before the disbursing officer receives a notice of discontinuance from the officer required by reguiations to furnish the notice the amount of the allotment shall be credited to the disbursing officer. If an allotment is erroneously paid because the officer required by regulations to so report failed to report the death of the alloter or any other fact that makes the allotment not payable, the amount of the payment not recovered from the allottee shall if practicable, be collected by the Chief of Finance (in cases involving the Army) or by the Secretary of the Air Force, from the officer who failed to make the report. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 484.) HISTORICAL AND REVISION NOTES § 704. Allotments: officers of Public Health Service. Commissioned officers of the Public Health Service who are on active duty may, under regulations prescribed by the President, make allotments from their pay. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 485.) HISTORICAL AND REVISION NOTES Revised section 704.. Source (U.S. Code) 42:210(b) (1st sentence). Source (Statutes at Large) July 1, 1944, ch. 373. § 209(e) (1st sentence), 58 Stat. 686; redesignated as section 26, Feb. 28, 1948, ch. 83, § 5(a), 62 Stat. 40; redesignated as subsection (b), Oct. 12 1949, ch. 681, § 521(b) (ss applicable to section 208(b) (1st sentence) of the Art of July 1, 1944), 60 Stat. 834; restated Aug. 9, 1950, eb. 654, § 1, 64 Stat, 426; Apr. 8, 1960, Pub. L. 86-415, § 5(b) (1st sentence), 74 Stat. 34. § 705. Assignments: enlisted members of naval service. Each assignment of pay due an enlisted member of the Navy or Marine Corps and each power of attorney or other authority to draw, receipt for. or transfer that pay, is void, unless attested by the member's commanding officer and the disbursing officer having custody of the member's pay record. An assignment of pay shall state the date when the transfer of pay to the assignee is to begin. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 485.) The words "Navy or Marine Corps" are substituted for the words "naval service", since the words "member of the naval service" as defined in section 5001(a)(3) of title 10 mean a member of the Navy or Marine Corps. §706. Commissioned officers of Coast and Geodetic Survey. Under regulations prescribed by the Secretary of Commerce, commissioned officers of the Coast and Geodetic Survey may make allotments or assignments of their pay. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 485.) HISTORICAL AND REVISION NOTES Source (Statutes at Large) The words "Navy or Marine Corps" are substituted for the words "naval service", since the words "member of the naval service" as defined in section 5001(a)(3) of title 10 mean a member of the Navy or Marine Corps. § 703. Allotments: members of Coast Guard. Members of the Coast Guard may, under regulations prescribed by the Secretary of the Treasury, make allotments from their pay and allowances. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 484.) 803. Forfeiture of pay during absence from duty due to disease from intemperate use of alcohol or drugs. Commissioned officers of Army or Air Force: forfelture of pay when dropped from rolls. Enlisted members of Army or Air Force: pay and allowances not to accrue during suspended sentence of dishonorable discharge. 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) If a retired officer of the Regular Navy or the Regular Marine Corps is engaged for himself or others in selling, or contracting or negotiating to sell, naval supplies or war materials to the Department of the Navy, he is not entitled to any payment from the United States while he is so engaged. (c) Payment may not be made from any appropriation, for a period of two 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 Coast and Geodetic Survey, or the Public Health Service, who is engaged for himself or others in selling, or contracting or negotiating to sell, supplies or war materials to an agency of the Department of Defense, the Coast Guard, the Coast and Geodetic Survey, or the Public Health Service. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 485.) HISTORICAL AND REVISION NOTES 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 Source (Statutes at Large) 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. § 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 periods and causes of absence under this section shall be made as prescribed by the Secretary concerned, and are final. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 485.) HISTORICAL AND REVISION NOTES §805. Sale of pay by members of naval service to be discouraged by commanding officer. The commanding officer of a naval vessel shall discourage each member of the crew from selling any part of his pay and may not attest a power of attorney for the transfer of pay unless he is satisfied that the power is not granted in consideration of money given for the purchase of pay. (Pub. L. 87649, Sept. 7, 1962, 76 Stat. 486.) § 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. 8902. 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 evidence) to have done their utmost to save the vessel and, after the wreck, loss, or destruction, to have behaved themselves according to the discipline of the Navy, continue and shall be paid to them until their discharge or death, whichever is earlier. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 486.) HISTORICAL AND REVISION NOTES In subsection (c), the word "continues" is substituted for the words "go on". The words "whichever is earlier" are inserted for clarity. The words "or the findings of a” are inserted since a court of inquiry cannot impose a sentence. § 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 word "rating" is inserted for clarity. The words "is entitled to" are substituted for the words "shall be entitled to receive and have the same... .rights". 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 5751-5774 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 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 on the active list of the Navy promoted to the grade of commander or lieutenant commander; (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 on the active list of the Marine Corps promoted to the grade of lieutenant colonel or major; 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 5751-5774 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. (c) A woman line officer on the active list of the Navy promoted to the grade of lieutenant or a woman officer on the active list of the Marine Corps promoted to the grade of captain under any of sections 5751-5774 of title 10 is entitled to the 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. (d) Except as provided by subsection (e) of this section, a male staff corps officer or a woman staff corps officer who is promoted to a grade below rear admiral under any of sections 5751-5774 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. (e) An officer in the Nurse Corps who is promoted to the grade of captain or commander under any of sections 5751-5774 of title 10 is entitled to the pay and allowances of the grade to which promoted from (1) the date of the occurrence of the vacancy that he was promoted to fill; or (2) the date on which the President approved the report of the selection board that recommended him for promotion; whichever is later. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 487.) HISTORICAL AND REVISION NOTES § 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 |