---
title: "Check forfeiture of pay during absence without leave"
url: "https://ailawframework.com/practice/military-and-defence-law/advise-a-member-on-forfeiture-of-pay-while-absent-without-leave/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A64-LA20261022-8-US"
practice_area: "Military & Defence Law"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Check forfeiture of pay during absence without leave

> Record the dates of absence, the service, and whether any excuse or Secretarial determination is in the file. Do not draft the advice.

Canonical page: https://ailawframework.com/practice/military-and-defence-law/advise-a-member-on-forfeiture-of-pay-while-absent-without-leave/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Military & Defence Law](https://ailawframework.com/practice/military-and-defence-law.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | Record the dates of absence, the service, and whether any excuse or Secretarial determination is in the file. Do not draft the advice. |
| What the lawyer must review | 37 U.S.C. § 503(a)(1) provides that a member of the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, or the 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. For a member of the Army, Navy, Air Force, Marine Corps, Space Force, or the Coast Guard when operating as a service in the Department of the Navy, the Secretary of Defense may determine to pay that pay and those allowances. The Secretary may not delegate that authority, and not later than 30 days after such a determination shall report it to the Committees on Armed Services of the Senate and House. 10 U.S.C. § 886 makes it an offense for a member of the armed forces, without authority, to fail to go to the appointed place of duty, to go from that place, or to absent himself or remain absent, punishable as a court-martial may direct. Section 886 does not itself state a forfeiture of pay. You write the advice on whether the absence is excused and whether pay was forfeited. |
| Written for | United States |
| Applies to | [Advise a member on forfeiture of pay while absent without leave](https://ailawframework.com/practice/military-and-defence-law/advise-a-member-on-forfeiture-of-pay-while-absent-without-leave.md) |

## Checking plan

- What the AI does: Record the dates of absence, the service, and whether any excuse or Secretarial determination is in the file. Do not draft the advice.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Subsection (b) of § 503 is a separate forfeiture rule for a commissioned officer of the Regular Corps of the Public Health Service, or an officer of the Ready Reserve Corps on active duty. The renaming note on the page was read.
- Article 15 forfeiture limits in 10 U.S.C. § 815 are punishments for a minor offense. They are not the § 503 absence rule.

## Sources

- [37 U.S.C. § 503 (absence without leave or over leave)](https://www.law.cornell.edu/uscode/text/37/503) (checked 2026-10-22)
- [10 U.S.C. § 886 (Art. 86, absence without leave)](https://www.law.cornell.edu/uscode/text/10/886) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*