37 U.S.C. § 1004 — Computation of pay and allowances for

Page 242 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 1004 (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 490; Pub. L. 112–81, div. A, title VI, § 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117–263, div. A, title VI, § 626(h)(8), Dec. 23, 2022, 136 Stat. 2630.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1003 ......... 37:309. Oct. 12, 1949, ch. 681, § 509; restated May 19, 1952, ch. 310, § 3, 66 Stat. 80. Editorial Notes AMENDMENTS 2022—Pub. L. 117–263 substituted ‘‘sections 402 through 403b, 405, 414, 452, and 453’’ for ‘‘sections 402–403b, 474–477, 479–481, and 414’’. 2013—Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below. 2011—Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9), substituted ‘‘402–403b, 474–477’’ for ‘‘402–407’’ and ‘‘479–481’’ for ‘‘409–411’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if in- cluded in Pub. L. 112–81 as enacted. § 1004. Computation of pay and allowances for month or part of month A member of a uniformed service who is enti- tled to pay and allowances under this title for a continuous period of less than one month is en- titled to his pay and allowances for each day of that period at the rate of 1⁄30 of the monthly amount of his pay and allowances. The thirty- first day of a calendar month may not be ex- cluded from a computation under this section. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 490.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1004 ......... 37:310. Oct. 12, 1949, ch. 681, § 510, 63 Stat. 828. § 1005. Army, Air Force, and Space Force: prompt payments required Members of the Army, the Air Force, and the Space Force shall be paid at such times that ar- rears will at no time be more than two months, unless circumstances make further arrears un- avoidable. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 490; Pub. L. 116–283, div. A, title IX, § 925(k)(1)(A), (B), Jan. 1, 2021, 134 Stat. 3829.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1005 ......... 37:310b. R.S. 1189. The applicability of this section to members of the Air Force is based on Department of Defense Transfer Order No. 25, dated October 14, 1948. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘Army, Air Force, and Space Force: prompt payments required’’ for ‘‘Army and Air Force: prompt payments required’’ in section catchline and ‘‘, the Air Force, and the Space Force’’ for ‘‘and of the Air Force’’ in text. § 1006. Advance payments (a) Under regulations prescribed by the Sec- retary concerned, a member of a uniformed serv- ice may be paid in advance— (1) not more than three months’ pay of such member upon such member’s change of perma- nent station; or (2) the amount of an allotment made from such member’s pay to a dependent if such member is assigned or scheduled for assign- ment to sea duty or other duty with a unit or command deployed or to be deployed outside the United States and the allotment is made by such member not more than sixty days be- fore the scheduled date of the assignment of such member to such duty. (b) Under regulations prescribed by the Sec- retary concerned, a member of a uniformed serv- ice who is on duty at a distant station where the pay and emoluments to which he is entitled can- not be disbursed regularly, may be paid in ad- vance. (c) Under regulations prescribed by the Sec- retary concerned, an advance of pay to a mem- ber of a uniformed service who is on duty out- side the United States, or other place designated by the Secretary of Defense, of not more than two months’ basic pay may be made to a mem- ber if the member or the dependents of the mem- ber are ordered evacuated by competent author- ity. An advance of pay under this subsection is not subject to the conditions under which ad- vances of pay may be made under subsection (a) or (b). An advance may be made on the basis of the evacuation of a member’s dependents only if all dependents of members of the uniformed services are ordered evacuated from the place where the member’s dependents are located. In the case of a member with dependents, the pay- ment may be made directly to dependents pre- viously designated by the member. The Sec- retary concerned or his designee may waive any right of recovery of not more than one month’s basic pay advanced under this subsection if he finds that recovery of the advance would be against equity and good conscience or against the public interest. (d) If a person to whom an advance of pay is made under subsection (a), (b), or (c) dies or is separated from his uniformed service, before liq- uidation of that advance, the amount remaining unliquidated at the time of his death or separa- tion shall be credited to the account of the dis- bursing officer concerned. However, the unliqui- dated amount remains a debt of that person or his estate to the United States. (e)(1) As far as practicable, regulations for the administration of subsections (a)–(d) shall be uniform for all of the uniformed services. (2)(A) Notwithstanding any other provision of law, an obligation for an advance of pay made