
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC4837]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
             CHAPTER 453--ACCOUNTABILITY AND RESPONSIBILITY
 
Sec. 4837. Settlement of accounts: remission or cancellation of 
        indebtedness of enlisted members
        
    If he considers it in the best interest of the United States, the 
Secretary may have remitted or cancelled any part of an enlisted 
member's indebtedness to the United States or any of its 
instrumentalities remaining unpaid before, or at the time of, that 
member's honorable discharge.

(Aug. 10, 1956, ch. 1041, 70A Stat. 273; Pub. L. 85-861, Sec. 33(a)(27), 
Sept. 2, 1958, 72 Stat. 1566; Pub. L. 87-649, Sec. 14c(10), Sept. 7, 
1962, 76 Stat. 501; Pub. L. 96-513, title V, Sec. 512(24)(A), (B), Dec. 
12, 1980, 94 Stat. 2930.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
4837(a)...............................  10:875.                              R.
S. 1300.
                                        10:875b.                             R.
S. 1301.
4837(b)...............................  10:875a (less 3d and last            Ma
y 22, 1928, ch. 676, 45 Stat.
                                         provisos).                           6
98; June 26, 1934, ch. 751, 48
4837(c)...............................  10:875a (last proviso).               S
tat. 1222.
4837(d)...............................  10:875a (3d proviso).
4837(e)...............................  10:871.                              R.
S. 1303.
4837(f)...............................  10:872.                              R.
S. 1304.
4837(g)...............................  10:875c.                             R.
S. 1299.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``sold to the member on credit under 
section 4621(a)(1) of this title'' are substituted for the words 
``articles designated by the inspectors general of the Army, and sold to 
him on credit by officers of the Quartermaster Corps'', in 10:875. The 
words ``at cost prices'' are omitted to reflect section 4623 of this 
title.
    In subsection (b), the last sentence is substituted for 10:875a (1st 
and 2d provisos). The words ``on current payrolls'' are omitted as 
surplusage.
    In subsection (c), the words ``Subject to subsection (b)'' are 
substituted for the words ``in the proportions hereinbefore indicated''.
    In subsection (d), the words ``If he considers it in the best 
interest of the United States'' are substituted for the words ``when in 
his opinion the interests of the Government are best served by such 
action''. The words ``before, or at the time of'' are substituted for 
the words ``either on * * * or prior thereto''.
    In subsection (e), the words ``member'' and ``his'' are substituted 
for the words ``officer or soldier''. The words ``or implement'' are 
omitted as surplusage.
    In subsection (f), the words ``or if an article of military supply 
with whose issue a commissioned officer is charged is damaged'' are 
substituted for 10:872 (last sentence). The words ``that he was not at 
fault'' are substituted for the words ``that said deficiency [such 
damage] was not occasioned by any fault on his part''.
    In subsection (g), the words ``bought on credit under section 
4621(a)(1) of this title'' are substituted for the words ``designated by 
the officers of the Inspector-General's Department of the Army and 
purchased on credit from commissaries of subsistence''.

                            1958 Act

    The change [in subsec. (b)] reflects the opinion of the Judge 
Advocate General of the Air Force (June 10, 1957) that the term ``rate 
of pay'', as used in the source law for section 4837(b) (Act of May 22, 
1928, ch. 676 (45 Stat. 698), as amended), included special pay and 
incentive pay.
    The change [in subsec. (f)] reflects the opinion of the Assistant 
General Counsel (Fiscal Matters), Department of Defense (July 19, 1957), 
that section 1304, Revised Statutes (formerly 10 U.S.C. 872), the source 
law for this section, applied to warrant officers as well as to 
commissioned officers.


                               Amendments

    1980--Pub. L. 96-513, substituted ``remission or cancellation of 
indebtedness of enlisted members'' for ``deductions from pay'' in 
section catchline, and in text substituted ``If he'' for ``(d) If he''.
    1962--Pub. L. 87-649 repealed subsecs. (a) to (c) and (e) to (g) 
which related to deductions from pay. See subsecs. (b) to (g), 
respectively, of section 1007 of Title 37, Pay and Allowances of the 
Uniformed Services.
    1958--Subsec. (b). Pub. L. 85-861, Sec. 33(a)(27)(A), substituted 
``his pay for that month'' for ``his basic pay for that month''.
    Subsec. (f). Pub. L. 85-861, Sec. 33(a)(27)(B), substituted ``an 
officer'' for ``a commissioned officer'' in two places.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this 
title.


                    Effective Date of 1962 Amendment

    Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15 
of Pub. L. 87-649, set out as an Effective Date note preceding section 
101 of Title 37, Pay and Allowances of the Uniformed Services.


                    Effective Date of 1958 Amendment

    Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section 
33(g) of Pub. L. 85-861, set out as a note under section 101 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in title 5 section 5514.
