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HomeMilitary and Veterans CodeDiv. 2Pt. 1Ch. 3Art. 3§ 268 Military Absence Time Recovery

§ 268 Military Absence Time Recovery

Military and Veterans Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 268 Military Absence Time Recovery

This law says that if a service member is absent without leave or deserts for more than 24 hours, they must make up that extra time unless they are discharged earlier.

Key Takeaways

  • •Only absences longer than 24 hours trigger the make‑up requirement.
  • •The extra time equals the amount over 24 hours.
  • •If the person is discharged before reaching 24 hours, no extra time is owed.

Example

A soldier leaves his unit and doesn't return for 30 hours, then gets discharged after the 30 hours.

Because his absence lasted longer than 24 hours, the extra 6 hours (30‑24) must be made up unless he was discharged before reaching 24 hours.

How to Calculate

Excess time = Total absence time – 24 hours

  1. Determine how many hours the person was absent.
  2. Subtract 24 hours from that total.
  3. If the result is positive, that number of hours must be made up.
  4. If the result is zero or negative, no extra time is required.

A sailor is AWOL for 35 hours before being released.

Result: 11 hours must be made up (35 – 24 = 11)

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 268 Military Absence Time Recovery

All time lost while absent without leave or in desertion, in excess of twenty-four hours, shall be made good unless the enlisted person is sooner discharged by proper authority. (Amended by Stats. 2018, Ch. 118, Sec. 18. (SB 1501) Effective January 1, 2019.)

Last verified: January 11, 2026

Key Terms

absent without leavedesertionenlisted persondischarged by proper authority

Related Statutes

  • § 257 National Guard Retirement Age
  • § 261 Military Discharge Procedures
  • § 263 Desertion By National Guard
  • § 232.5 Military Officer Transfer Rules
  • § 233 Officer Resignation Restrictions

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Military and Veterans Code. Section 268.
View Official Source