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37 U.S.C. § 310 — Special pay: duty subject to hostile fire or imminent danger

Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 310 — Special pay: duty subject to hostile fire or imminent danger

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Stable record: federal_law:legal_authorities:record_usc_e9b325bbc8c34fb64cfc54ff
Source file: Laws/federal/codes/united-states-code/title-37/section-310-special-pay-duty-subject-to-hostile-fire-or-imminent-danger--94491c3dd4.md
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Source location: Title 37, Chapter 5, § 310; chapter-005-special-and-incentive-pays.md

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**(a) Eligibility.—** Under regulations prescribed by the Secretary of Defense, a member of a uniformed service may be paid special pay under subsection (b) for any day or portion of a day in which— (1) the member was entitled to basic pay or compensation under section 204 or 206 of this title; and (2) the member— (A) was subject to hostile fire or explosion of hostile mines; (B) was on duty in an area in which the member was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period the member was on duty in the area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines; (C) was killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or (D) was on duty in a foreign area in which the member was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions. **(b) Special Pay Amount.—** (1) Except as provided in paragraph (2), the amount of special pay authorized by subsection (a) for qualifying service during a day or portion of a day shall be the amount equal to 1/30th of the maximum monthly amount of special pay payable to a member as specified in paragraph (3). (2) In the case of a member who is exposed to hostile fire or a hostile mine explosion event in or for a day or portion of a day, the Secretary concerned may, at the election of the Secretary, pay the member special pay under subsection (a) for such service in an amount not to exceed the maximum monthly amount of special pay payable to a member as specified in paragraph (3). (3) The maximum monthly amount of special pay payable to a member under this subsection for any month is $225. **(c) Continuation During Hospitalization.—** (1) A member described in paragraph (2) may be paid special pay under this section for any day (or portion of a day) of not more than three additional months during which the member is hospitalized as described in such paragraph. (2) Paragraph (1) applies with respect to a member who— (A) is injured or wounded under the circumstances described in subsection (a)(2)(C) and is hospitalized for the treatment of the injury or wound; or (B) while in the line of duty, incurs a wound, injury, or illness in a combat operation or combat zone designated by the Secretary of Defense and is hospitalized outside of the theater of the combat operation or the combat zone for the treatment of the wound, injury, or illness. **(d) Limitations and Administration.—** (1) In the case of an area described in subparagraph (B) or (D) of subsection (a)(2), the Secretary of Defense shall be responsible for designating the period during which duty in the area will qualify members for special pay under this section. The effective date designated for the commencement of such a period may be a date occurring before, on, or after the actual date on which the Secretary makes the designation. If the commencement date for such a period is a date occurring before the date on which the Secretary makes the designation, the payment of special pay under this section for the period between the commencement date and the date on which the Secretary makes the designation shall be subject to the availability of appropriated funds for that purpose. (2) A member may not be paid more than one special pay under this section for any day. A member may be paid special pay under this section in addition to any other pay and allowances to which he may be entitled. **(e) Determinations of Fact.—** Any determination of fact that is made in administering this section is conclusive. Such a determination may not be reviewed by any other officer or agency of the United States unless there has been fraud or gross negligence. However, the determination may be changed on the basis of new evidence or for other good cause.

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 201 — Pay grades: assignment to; general rules

**(a)** For the purpose of computing their basic pay, commissioned officers of the uniformed services (other than commissioned warrant officers) are assigned by the grade or rank in which serving to the following pay grades: Pay gradeArmy, Air Force, Marine Corps, and Space ForceNavy, Coast Guard, andNational Oceanic and Atmospheric AdministrationPublic Health Service O–10GeneralAdmiralAssistant Secretary for Health. O–9Lieutenant generalVice admiralSurgeon General. O–8Major generalRear admiralDeputy Surgeon General.Assistant Surgeon General having rank of major general. O–7Brigadier generalRear admiral (lower half)Assistant Surgeon General having rank of brigadier general. O–6ColonelCaptainDirector grade. O–5Lieutenant colonelCommanderSenior grade. O–4MajorLieutenant commanderFull grade. O–3CaptainLieutenantSenior assistant grade. O–21st lieutenantLieutenant (junior grade)Assistant grade. O–12d lieutenantEnsignJunior assistant grade. **(b)** For the purpose of computing their basic pay, warrant officers of the armed forces are assigned, by the warrant officer grade in which serving, to the following pay grades: Pay Grade:Warrant Officer Grade: W–5 Chief Warrant Officer, W–5. W–4 Chief Warrant Officer, W–4. W–3 Chief Warrant Officer, W–3. W–2 Chief Warrant Officer, W–2. W–1 Warrant Officer, W–1. **(c)** Unless entitled to the basic pay of a higher pay grade, an aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard is entitled to monthly basic pay at the lowest rate prescribed for pay grade E–4. **(d)** Unless he is entitled to the basic pay of a higher pay grade, an aviation pilot of the Navy Reserve, Marine Corps Reserve, or Coast Guard Reserve is entitled to monthly basic pay at the rate prescribed for pay grade E–5. **(e)** Except as provided by s

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 201

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 203 — Rates

**(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

37 U.S.C. § 427 — Family separation allowance

**(a) Entitlement to Allowance.—** (1) In addition to any allowance or per diem to which he otherwise may be entitled under this title a member of a uniformed service with dependents is entitled to a monthly allowance of not less than $300, and not more than $400, if— (A) the movement of his dependents to his permanent station or a place near that station is not authorized at the expense of the United States under [section 452 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section452&num=0&edition=prelim) and his dependents do not reside at or near that station; (B) he is on duty on board a ship away from the home port of the ship (or under orders to remain on board the ship while at the home port) for a continuous period of more than 30 days; or (C) he is on temporary duty away from his permanent station for a continuous period of more than 30 days and his dependents do not reside at or near his temporary duty station. (2) A member who becomes entitled to an allowance under this subsection by virtue of duty prescribed in subparagraph (B) or (C) of paragraph (1) for a continuous period of more than 30 days is entitled to the allowance effective as of the earlier of— (A) the first day of that period; or (B) the first day the member ceased being entitled to a previous allowance under this subsection by reason of the end of duty prescribed in such subparagraphs, if the member ceased being entitled to the previous allowance within 30 days before the first day of that period. **(b) Entitlement When No Residence or Household Maintained for Dependents.—** An allowance is payable under subsection (a) even though the member does not maintain for his primary dependents who would otherwise normally reside with him, a residence

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 427

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1133 — Bronze Star: limitation on persons eligible to receive

The decoration known as the “Bronze Star” may only be awarded to a member of a military force who— (1) at the time of the events for which the decoration is to be awarded, was serving in a geographic area in which special pay is authorized under section 310 or paragraph (1) or (3) of [section 351(a) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section351/a&num=0&edition=prelim); or (2) receives special pay under section 310 or paragraph (1) or (3) of [section 351(a) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section351/a&num=0&edition=prelim) as a result of those events.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1133

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 112 — Certain combat zone compensation of members of the Armed Forces

**(a) Enlisted personnel** Gross income does not include compensation received for active service as a member below the grade of commissioned officer in the Armed Forces of the United States for any month during any part of which such member— (1) served in a combat zone, or (2) was hospitalized as a result of wounds, disease, or injury incurred while serving in a combat zone; but this paragraph shall not apply for any month beginning more than 2 years after the date of the termination of combatant activities in such zone. **(b) Commissioned officers** Gross income does not include so much of the compensation as does not exceed the maximum enlisted amount received for active service as a commissioned officer in the Armed Forces of the United States for any month during any part of which such officer— (1) served in a combat zone, or (2) was hospitalized as a result of wounds, disease, or injury incurred while serving in a combat zone; but this paragraph shall not apply for any month beginning more than 2 years after the date of the termination of combatant activities in such zone. With respect to service in the combat zone designated for purposes of the Vietnam conflict, paragraph (2) shall not apply to any month after January 1978. **(c) Definitions** For purposes of this section— (1) The term “commissioned officer” does not include a commissioned warrant officer. (2) The term “combat zone” means any area which the President of the United States by Executive Order designates, for purposes of this section or corresponding provisions of prior income tax laws, as an area in which Armed Forces of the United States are or have engaged in combat. (3) Service is performed in a combat zone only if performed on or after the date designated by the President by Executive O

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 112

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 310 — Special pay: duty subject to hostile fire or

Page 104 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 310 Stat. 149; Pub. L. 110–417, [div. A], title VI, § 614(d), Oct. 14, 2008, 122 Stat. 4485; Pub. L. 111–84, div. A, title VI, § 615(4), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111–383, div. A, title VI, § 615(4), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, § 615(4), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, § 615(4), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, § 615(4), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113–291, div. A, title VI, § 615(4), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, § 615(4), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, § 615(4), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 115–91, div. A, title VI, § 615(4), Dec. 12, 2017, 131 Stat. 1423.) Editorial Notes PRIOR PROVISIONS A prior section 309, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 468, related to authority of Secretary concerned to provide for additional pay for performance of admin- istrative functions by officers of the National Guard and reserve components, prior to repeal by Pub. L. 96–107, title IV, § 404(a)(1), (b), Nov. 9, 1979, 93 Stat. 808, 809, applicable only with respect to administrative functions performed after Sept. 30, 1980. AMENDMENTS 2017—Subsec. (e). Pub. L. 115–91 substituted ‘‘Decem- ber 31, 2018’’ for ‘‘December 31, 2017’’. 2016—Subsec. (e). Pub. L. 114–328 substituted ‘‘Decem- ber 31, 2017’’ for ‘‘December 31, 2016’’. 2015—Subsec. (e). Pub. L. 114–92 substituted ‘‘Decem- ber 31, 2016’’ for ‘‘December 31, 2015’’. 2014—Subsec. (e). Pub. L. 113–291 substituted ‘‘Decem- ber 31, 2015’’ for ‘‘December 31, 2014’’. 2013—Subsec. (e). Pub. L. 113–66 substituted ‘‘Decem- ber 31, 2014’’ for ‘‘Dec

Source: Supplied 2024 U.S. Code historical extraction · 37 U.S.C. § 310

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