37 U.S.C. § 1007 : US Code - Section 1007: Deductions from pay

Search 37 U.S.C. § 1007 : US Code - Section 1007: Deductions from pay

(a) The pay of an officer of an armed force may be withheld,
under section 5512 of title 5, only for an indebtedness to the
United States admitted by the officer or shown by the judgment of a
court, or upon a special order issued in the discretion of the
Secretary of Defense (or the Secretary of Homeland Security, in the
case of an officer of the Coast Guard when the Coast Guard is not
operating as a service in the Navy), or upon the denial of relief
of an officer pursuant to section 3527 of title 31.
(b) An amount due to the United States from an enlisted member of
the Army or the Air Force for articles sold to him on credit under
section 4621(a)(1) or 9621(a)(1) of title 10, as the case may be,
shall be deducted from the next pay due him after the sale is
reported.
(c) Under regulations prescribed by the Secretary concerned, an
amount that a member of the uniformed services is administratively
determined to owe the United States or any of its instrumentalities
may be deducted from his pay in monthly installments. However,
after the deduction of pay forfeited by the sentence of a court-
martial, if any, or otherwise authorized by law to be withheld,
the deductions authorized by this section may not reduce the pay
actually received for any month to less than one-third of his pay
for that month.
(d) Subject to subsection (c), an amount due the United States
from an enlisted member of the Army or the Air Force may be
deducted from his pay on final statement, or from his savings on
his clothing allowance.
(e) The amount of any damage, or cost of repairs, to arms or
equipment caused by the abuse or negligence of a member of the
Army, Navy, Air Force, or Marine Corps, as the case may be, who had
the care of, or was using, the property when it was damaged, shall
be deducted from his pay.
(f) If, upon final settlement of the accounts of an officer of
the Army or the Air Force charged with the issue of an article of
military supply, there is a deficiency of that article, or if an
article of military supply with whose issue an officer is charged
is damaged, the value of the lost article or the amount of the
damage shall be charged against the officer and deducted from his
monthly pay, unless he shows to the satisfaction of the Secretary
of the Army or the Secretary of the Air Force, as the case may be,
by one or more affidavits setting forth the circumstances, that he
was not at fault.
(g) An amount due the United States from an officer of the Army
or the Air Force for rations bought on credit, and for articles
bought on credit under section 4621(a)(1) or 9621(a)(1) of title
10, shall be deducted from the next pay due that officer after the
sale is reported.
(h)(1) Upon request by a service relief society and subject to
paragraph (2), an amount owed by a member of the uniformed services
to the relief society may be deducted from the pay on final
statement of such member and paid to that relief society.
(2) An amount may not be deducted under paragraph (1) from the
pay of a member unless the Secretary concerned makes a
determination of the amount owed in accordance with the regulations
prescribed under subsection (c). Any amount determined to be owed
to a service relief society under this paragraph shall be
considered an amount that the member is administratively determined
to owe the United States under subsection (c) and shall be
collectible in accordance with such subsection.
(3) The Secretaries concerned shall prescribe regulations to
carry out this subsection.
(4) In this subsection, the term "service relief society" means
the Army Emergency Relief, the Air Force Aid Society, the Navy
Relief Society, or the Coast Guard Mutual Assistance.
(i)(1) There shall be deducted each month from the pay of each
enlisted member, warrant officer, and limited duty officer of the
armed forces on active duty an amount (determined under paragraph
(3)) not to exceed $1.00.
(2) Amounts deducted under paragraph (1) shall be deposited in
the Armed Forces Retirement Home Trust Fund.
(3) The Secretary of Defense, after consultation with the Armed
Forces Retirement Home Board, shall determine from time to time the
amount to be deducted under paragraph (1) from the pay of enlisted
members, warrant officers, and limited duty officers on the basis
of the financial needs of the Armed Forces Retirement Home. The
amount to be deducted may be fixed at different amounts on the
basis of grade or length of service, or both.
(4) In this subsection, the term "armed forces" does not include
the Coast Guard when it is not operating as a service in the Navy.
(5) This subsection does not apply to an enlisted member, warrant
officer, or limited duty officer of a reserve component.