37 U.S.C. § 552 : US Code - Section 552: Pay and allowances; continuance while in a missing status; limitations

Search 37 U.S.C. § 552 : US Code - Section 552: Pay and allowances; continuance while in a missing status; limitations

(a) A member of a uniformed service who is on active duty or
performing inactive-duty training, and who is in a missing status,
is -
(1) for the period he is in that status, entitled to receive or
have credited to his account the same pay and allowances, as
defined in this chapter, to which he was entitled at the
beginning of that period or may thereafter become entitled; and
(2) for the period, not to exceed one year, required for his
hospitalization and rehabilitation after termination of that
status, under regulations prescribed by the Secretaries
concerned, with respect to incentive pay, considered to have
satisfied the requirements of section 301 of this title so as to
entitle him to a continuance of that pay.
However, a member who is performing full-time training duty or
other full-time duty without pay, or inactive-duty training with or
without pay, is entitled to the pay and allowances to which he
would have been entitled if he had been on active duty with pay.
Notwithstanding section 1523 of title 10 or any other provision of
law, the promotion of a member while he is in a missing status is
fully effective for all purposes.
(b) The expiration of a member's term of service while he is in a
missing status does not end his entitlement to pay and allowances
under subsection (a). Notwithstanding the death of a member while
in a missing status, entitlement to pay and allowances under
subsection (a) ends on the date -
(1) the Secretary concerned receives evidence that the member
is dead; or
(2) that his death is prescribed or determined under section
555 of this title or under chapter 76 of title 10.
(c) A member is not entitled to pay and allowances under
subsection (a) for a period during which he is officially
determined to be absent from his post of duty without authority,
and he is indebted to the United States for payments from amounts
credited to his account for that period.
(d) A member who is performing full-time training duty or
inactive-duty training is entitled to the benefits of this section
only when he is officially determined to be in a missing status
that results from the performance of duties prescribed by competent
authority.
(e) A member in a missing status who is continued in that status
under section 555 of this title or under chapter 76 of title 10 is
entitled to be credited with pay and allowances under subsection
(a).