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10 U.S.C. § 1040 — Transportation of dependent patients
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in subsection (b), if a dependent accompanying a member of the uniformed services who is stationed outside the United States or in Alaska or Hawaii and who is on active duty for a period of more than 30 days requires medical attention which is not available in the locality, transportation of the dependents at the expense of the United States is authorized to the nearest appropriate medical facility in which adequate medical care is available. On his recovery or when it is administratively determined that the patient should be removed from the medical facility involved, the dependent may be transported at the expense of the United States to the duty station of the member or to such other place determined to be appropriate under the circumstances. If a dependent is unable to travel unattended, travel and transportation allowances may be furnished to necessary attendants. The dependents and any attendants shall be furnished such travel and transportation allowances as specified in regulations prescribed under [section 464 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section464&num=0&edition=prelim). Travel expenses authorized by this section may include reimbursement for necessary local travel in the vicinity of the medical facility involved. The transportation and travel expenses authorized by this section may be paid in advance.
(2)
(A) Except as provided by subparagraph (E), for purposes of paragraph (1), required medical attention of a dependent includes, in the case of a dependent authorized to accompany a member at a location described in that paragraph, obstetrical anesthesia services for childbirth equivalent to the obstetrical anesthesia services for childbirth available in a military treatme
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Source file: Laws/federal/codes/united-states-code/title-10/section-1040-transportation-of-dependent-patients--71a83ea7cf.md
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Source location: Title 10, Chapter 53, § 1040; chapter-053-miscellaneous-rights-and-benefits.md
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**(a)**
(1) Except as provided in subsection (b), if a dependent accompanying a member of the uniformed services who is stationed outside the United States or in Alaska or Hawaii and who is on active duty for a period of more than 30 days requires medical attention which is not available in the locality, transportation of the dependents at the expense of the United States is authorized to the nearest appropriate medical facility in which adequate medical care is available. On his recovery or when it is administratively determined that the patient should be removed from the medical facility involved, the dependent may be transported at the expense of the United States to the duty station of the member or to such other place determined to be appropriate under the circumstances. If a dependent is unable to travel unattended, travel and transportation allowances may be furnished to necessary attendants. The dependents and any attendants shall be furnished such travel and transportation allowances as specified in regulations prescribed under [section 464 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section464&num=0&edition=prelim). Travel expenses authorized by this section may include reimbursement for necessary local travel in the vicinity of the medical facility involved. The transportation and travel expenses authorized by this section may be paid in advance.
(2)
(A) Except as provided by subparagraph (E), for purposes of paragraph (1), required medical attention of a dependent includes, in the case of a dependent authorized to accompany a member at a location described in that paragraph, obstetrical anesthesia services for childbirth equivalent to the obstetrical anesthesia services for childbirth available in a military treatment facility in the United States.
(B) In the case of a dependent at a remote location outside the continental United States who elects services described in subparagraph (A) and for whom air transportation would be needed to travel under paragraph (1) to the nearest appropriate medical facility in which adequate medical care is available, the Secretary may authorize the dependent to receive transportation under that paragraph to the continental United States and be treated at the military treatment facility that can provide appropriate obstetrical services that is nearest to the closest port of entry into the continental United States from such remote location.
(C) The second through sixth sentences of paragraph (1) shall apply to a dependent provided transportation by reason of this paragraph.
(D) The total cost incurred by the United States for the provision of transportation and expenses (including per diem) with respect to a dependent by reason of this paragraph may not exceed the cost the United States would otherwise incur for the provision of transportation and expenses with respect to that dependent under paragraph (1) if the transportation and expenses were provided to that dependent without regard to this paragraph.
(E) The Secretary may not provide transportation to a dependent under this paragraph if the Secretary determines that—
(i) the dependent would otherwise receive obstetrical anesthesia services at a military treatment facility; and
(ii) such facility, in carrying out the required number of necessary obstetric cases, would not maintain competency of its obstetrical staff unless the facility provides such services to such dependent.
**(b)** This section does not authorize transportation and travel expenses for a dependent for elective surgery which is determined to be not medically indicated by a medical authority designated under joint regulations to be prescribed under this section.
**(c)** In this section, the term “dependent” has the meaning given that term in [section 1072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1072&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) The term “uniformed services” means the armed forces and the Commissioned Corps of the National Oceanic and Atmospheric Administration and of the Public Health Service.
(2) The term “dependent”, with respect to a member or former member of a uniformed service, means—
(A) the spouse;
(B) the unremarried widow;
(C) the unremarried widower;
(D) a child who—
(i) has not attained the age of 21;
(ii) has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary and is, or was at the time of the member’s or former member’s death, in fact dependent on the member or former member for over one-half of the child’s support; or
(iii) is incapable of self-support because of a mental or physical incapacity that occurs while a dependent of a member or former member under clause (i) or (ii) and is, or was at the time of the member’s or former member’s death, in fact dependent on the member or former member for over one-half of the child’s support;
(E) a parent or parent-in-law who is, or was at the time of the member’s or former member’s death, in fact dependent on him for over one-half of his support and residing in his household;
(F) the unremarried former spouse of a member or former member who (i) on the date of the final decree of divorce, dissolution, or annulment, had been married to the member or former member for a period of at least 20 years during which period the member or former member performed at least 20 years of service which is creditable in determining that member’s or former member’s eligibility for retired or retainer pay, or equivalent pay, and (ii) does not have medical coverage under an employer-sponsored health plan;
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1072
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Federal law — U.S. Code and appendices · legal_authorities
If satisfactory proof is presented that a person who was discharged honorably or under honorable conditions has lost his certificate of discharge from an armed force or that it was destroyed without his procurement or connivance, the Secretary concerned may give that person, or his surviving spouse, a certificate of that discharge, indelibly marked to show that it is a certificate in place of the lost or destroyed certificate. A certificate given under this section may not be accepted as a voucher for the payment of a claim against the United States for pay, bounty, or other allowance, or as evidence in any other case.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1041
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Federal law — U.S. Code and appendices · legal_authorities
This subchapter and subchapter I shall be administered under terms, rates, conditions, and regulations prescribed by the Secretary of Defense in consultation with the other administering Secretaries for members of the uniformed services. Such regulations shall be uniform for the Department of Defense and shall apply as uniformly as practicable to the uniformed services under the jurisdiction of the other administering Secretaries.
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 464
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 86–160, § 1(1), Aug. 14, 1959, 73 Stat. 358; amended Pub. L. 98–94, title IX, § 913(a), Sept. 24, 1983, 97 Stat. 640, provided for transportation and travel allowances for escorts for dependents of members.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1036
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The rates of monthly basic pay for members of the uniformed services within each pay grade are those prescribed in accordance with [section 1009 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section1009&num=0&edition=prelim) or as otherwise prescribed by law.
(2) Notwithstanding the rates of basic pay in effect at any time as provided by law, the rates of basic pay payable for commissioned officers in pay grades O–7 through O–10 may not exceed the monthly equivalent of the rate of pay for level II of the Executive Schedule, and the rates of basic pay payable for all other officers and for enlisted members may not exceed the monthly equivalent of the rate of pay for level V of the Executive Schedule.
**(b)** While serving as a permanent professor at the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy or as a member of the permanent commissioned teaching staff at the United States Coast Guard Academy, an officer who has over 36 years of service computed under [section 205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section205&num=0&edition=prelim) is, in addition to the pay and allowances to which he is otherwise entitled under this title, entitled to additional pay in the amount of $250 a month. This additional pay may not be used in the computation of retired pay.
**(c)** A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, or a midshipman at the United States Naval Academy, is entitled to monthly cadet pay, or midshipman pay, at the monthly rate equal to 35 percent of the basic pay of a commissioned officer in the pay grade O–1 with less than two years of service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 203
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Federal law — U.S. Code and appendices · legal_authorities
Page 926
TITLE 10—ARMED FORCES
§ 1038
In subsection (a), the words ‘‘Under regulations to be
prescribed by him’’ and the last sentence are sub-
stituted for 50:752.
In subsection (b), the words ‘‘subject to the Uniform
Code of Military Justice’’ are omitted as surplusage.
In subsection (c), the words ‘‘the terms and provi-
sions of’’ are omitted as surplusage.
Editorial Notes
REFERENCES IN TEXT
The Uniform Code of Military Justice, referred to in
subsec. (a), is classified to chapter 47 (§ 801 et seq.) of
this title.
AMENDMENTS
2002—Subsec. (c). Pub. L. 107–296 substituted ‘‘Depart-
ment of Homeland Security’’ for ‘‘Department of
Transportation’’.
1985—Subsec. (a). Pub. L. 99–145 provided for payment
of expenses for legal representation of civilians over-
seas.
1980—Subsec. (c). Pub. L. 96–513 substituted ‘‘Depart-
ment of Transportation’’ for ‘‘Department of the Treas-
ury’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective on the date of
transfer of the Coast Guard to the Department of
Homeland Security, see section 1704(g) of Pub. L.
107–296, set out as a note under section 101 of this title.
EFFECTIVE DATE OF 1985 AMENDMENT
Pub. L. 99–145, title VI, § 681(b), Nov. 8, 1985, 99 Stat.
665, provided that: ‘‘The amendment made by sub-
section (a) [amending this section] shall apply with re-
spect to costs incurred after September 30, 1985.’’
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.
§ 1038. Service credit: certain service in Women’s
Army Auxiliary Corps
In computing years of active service of any fe-
male member of the armed forces, there shall be
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1040
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