1971-Subsec. (a). Pub. L. 92–171, § 1(1), substituted “a subsistence allowance of $100 a month" for "subsistence allowance at the rate of not less than $40 per month or more than $50 per month".

Subsec. (b). Pub. L. 92-171, § 1(2), substituted "a monthly subsistence allowance in the amount provided in subsection (a) of this section. A member enrolled in the first two years of a four-year program is entitled to receive subsistence for a maximum of twenty months. A member enrolled in the advanced course is entitled to subsistence as prescribed for a member enrolled under section 2104 of title 10 as prescribed in subsection (a) of this section." for "subsistence allowance at the rate of $50 a month beginning on the day that he starts his first term of college work under that section and ending upon the completion of his instruction under that section, but not for more than four years.".

EFFECTIVE DATE OF 1971 AMENDMENT

Section 2 of Pub. L. 92–171 provided that: "The amendments made by this Act [amending subsecs. (a) and (b) of this section] shall become effective on July 1, 1971. SUBSISTENCE ALLOWANCES FOR MEMBERS OF THE MARINE CORPS OFFICER CANDIDATE PROGRAMS

Pub. L. 92-172, Nov. 24, 1971, 85 Stat. 491, provided: "That until June 30, 1976, except when on active duty, a member enrolled in a Marine Corps officer candidate program which requires a baccalaureate degree as a prerequisite to being commissioned as a regular or reserve officer, and who is not enrolled in a program or an academy established under chapter 103, 403, 603, or 903 of title 10, United States Code, may be paid a subsistence allowance at the same rate as that prescribed by section 209 (a) of title 37, United States Code [subsection (a) of this section]."

Sec.

Chapter 5.-SPECIAL AND INCENTIVE PAY

302a. Special pay: optometrists.
308a. Special pay: enlistment bonus.
312.

Special pay: nuclear-qualified officers extending
period of active service.

312a. Special pay: nuclear-trained and qualified enlisted members.

AMENDMENTS

1972-Pub. L. 92–581, § 1(1), (4), Oct. 27, 1972, 86 Stat. 1277, 1278, struck out "submarine" in item 312, and added item 312a.

1971-Pub. L. 92-129, title II, §§ 202 (b), 203 (b), Sept. 28, 1971, 85 Stat. 358, added items 302a and 308a.

§ 301. Incentive pay; hazardous duty.

(a) Subject to regulations prescribed by the President, a member of a uniformed service who is entitled to basic pay is also entitled to incentive pay, in the amount set forth in subsection (b) or (c) of this section, for the performance of hazardous duty required by orders. For the purposes of this subsection, "hazardous duty" means duty

(2) as determined by the Secretary concerned, on a submarine (including, in the case of nuclearpowered submarines, periods of training and rehabilitation after assignment thereto), or in the case of personnel qualified in submarines, as a member of a submarine operational command staff whose duties require serving on a submarine during underway operations

(A) During one calendar month: 48 hours; however, hours served underway in excess of 48 as a member of a submarine operational command staff during any of the immediately preceding five calendar months and not already used to qualify for incentive pay may be applied to satisfy the underway time requirements for the current month;

(As amended Pub. L. 92-436, title VI, § 605, Sept. 26, 1972, 86 Stat. 740.)

AMENDMENTS

1972-Subsec. (a)(2)(A). Pub. L. 92-436 included in the hazardous duty for incentive pay of a member of a submarine operational command the application of hours served underway in excess of 48 during the preceding five calendar months and not used to qualify for incentive pay, to satisfy of underway time requirements for the current month.

Ex. ORD. No. 11157. REGULATIONS RELATING TO INCENTIVE PAY, SPECIAL PAY, AND ALLOWANCES

Ex. Ord. No. 11157, June 22, 1964, 29 F.R. 7973, as amended by Ex. Ord. No. 11242, Aug. 28, 1965, 30 F.R. 11205; Ex. Ord. No. 11253, Oct. 20, 1965, 30 F.R. 13509; Ex. Ord. No. 11259, Dec. 3, 1965, 30 F.R. 15057; Ex. Ord. No. 11292, Aug. 1, 1966, 31 F.R. 10447; Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247; Ex. Ord. No. 11424, Aug. 29, 1968, 33 F.R. 12361; Ex. Ord. No. 11473, June 14, 1969, 34 F.R. 9485; Ex. Ord. No. 11511, Feb. 27, 1970, 35 F.R. 3877; Ex. Ord. No. 11591, Apr. 23, 1971, 36 F.R. 7833; Ex. Ord. No. 11716, Apr. 26, 1973, 38 F.R. 10621; Ex. Ord. No. 11728, July 12, 1973, 38 F.R. 18861, provided:

PART I-INCENTIVE PAY FOR HAZARDOUS DUTY

SEC. 104. Under such regulations as the Secretary concerned may prescribe, members who are required by competent orders to participate frequently and regularly in aerial flights, other than glider flights, shall be required to meet the following minimum flight requirements, except as otherwise provided in section 101 hereof, in order to be entitled to receive monthly incentive pay for the performance of hazardous duty.

(b) Minimum flight requirements for members of reserve components of the uniformed services on inactiveduty training who may qualify for incentive pay under the provisions of section 301 (f) of title 37, United States Code: (1) During one calendar month: 2 hours of aerial flight; however, hours of aerial flight performed during the immediately preceding five calendar months and not already used to qualify for incentive pay may be applied to satisfy the aerial flight requirement for that month.

SEC. 106.

(b) As determined by the Secretary of the Navy, any member qualified in submarines who, pursuant to competent orders, is assigned as a member of a submarine operational command staff whose duties require serving on a submarine during underway operations and who

(1) during one calendar month, so serves 48 hours; hours; however, hours served underway in excess of 48 as a member of a submarine operational command staff during any of the immediately preceding five calendar months and not already used to qualify for incentive pay may be applied to satisfy the underway time requirements for the current month,

PART IV-BASIC ALLOWANCE FOR QUARTERS SEC. 403. Any quarters or housing facilities under the Jurisdiction of any of the uniformed services in fact occupied without payment of rental charges (a) by a member and his dependents, or (b) by a member without

dependents, or (c) by the dependents of a member on field duty or on sea duty or on duty at a station where adequate quarters are not available for his dependents, shall be deemed to have been assigned to such member as appropriate and adequate quarters, and no basic allowance for quarters shall accrue to such member under such circumstances unless the occupancy (1) occurs while such member is in a duty or leave status incident to a change of permanent station and is of a temporary nature under standards prescribed by regulations issued by the Secretary of Defense in the case of members of the Army, Navy, Air Force, or Marine Corps, and the reserve components thereof, or by the appropriate Secretary in the case of members of the other uniformed services, or (11) occurs while such member is in a duty or leave status not incident to a change of permanent station and does not exceed seven consecutive days at one location: Provided, That occupancy of quarters under such circumstances for a period in excess of such 7-day period or such other temporary period as may be authorized under standards prescribed by regulations issued by the Secretary concerned shall not result in a forfeiture of basic allowance for quarters for such 7-day or other authorized period: Provided further, That this paragraph shall not apply to occupancy of quarters as a guest of another member.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 552 of this title.

§ 302. Special pay: physicians and dentists.

(a) In addition to any other basic pay, special pay, incentive pay, or allowances to which he is entitled, each of the following officers is entitled to special pay at the rate set forth in subsection (b) of this section:

(1) a commissioned officer

who was on active duty on September 1, 1947; who retired before that date and was ordered to active duty after that date and before July 1, 1975; or who was appointed or designated as such an officer after September 1, 1947, and before July 1, 1975;

(2) a commissioned officer

who, after September 1, 1947, and before July 1, 1975, was ordered to active duty for a period of at least one year; and

(3) a general officer of the Army or the Air Force appointed, from any of the categories named in clause (1) or (2), in the Army, the Air Force, or the National Guard, as the case may be, who was on active duty on September 1, 1947; who was retired before that date and was ordered to active duty after that date and before July 1, 1975; or who, after September 1, 1947, was appointed from any of those categories.

(As amended Pub. L. 92-129, title I, § 104, Sept. 28, 1971, 85 Stat. 355; Pub. L. 93-64, title II, § 201, July 9, 1973, 87 Stat. 149.)

AMENDMENTS

1973-Subsec. (a). Pub. L. 93-64 substituted "July 1, 1975" for "July 1, 1973", wherever appearing. 1971-Subsec. (a). Pub. L. 92-129 substituted "July 1, 1973" for "July 1, 1971", wherever appearing.

EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-64 effective July 1, 1973, see section 206 of Pub. L. 93-64, set out as a note under section 401 of this title.

§ 302a. Special pay: optometrists.

(a) In addition to any other basic pay, special pay, incentive pay, or allowances to which he is entitled, each of the following officers is entitled to special pay at the rate of $100 a month for each month of active duty:

(1) a commissioned officer

(A) of the Regular Army or the Regular Navy who is designated as an optometry officer;

(B) of the Regular Air Force who is designated as an optometry officer; or

(C) who is an optometry officer of the Regular Corps of the Public Health Service; who was on active duty on the effective date of this section; who retired before that date and was ordered to active duty after that date and before July 1, 1975; or who was designated as such an officer after the effective date of this section and before July 1, 1975;

(2) a commissioned officer

(A) of a reserve component of the Army or Navy who is designated as an optometry officer; (B) of a reserve component of the Air Force who is designated as an optometry officer; or

(C) who is an optometry officer of the Reserve Corps of the Public Health Service;

who was on active duty on the effective date of this section as a result of a call or order to active duty for a period of at least one year; or who, after that date and before July 1, 1975, is called or ordered to active duty for such a period; and

(3) a general officer of the Army or the Air Force appointed, from any of the categories named in clause (1) or (2), in the Army, the Air Force, or the National Guard, as the case may be, who was on active duty on the effective date of this section; who was retired before that date and was ordered to active duty after that date and before July 1, 1975; or who, after the effective date of this section, was appointed from any of those categories. (b) The amount set forth in subsection (a) of this section may not be included in computing the amount of an increase in pay authorized by any other provision of this title or in computing retired pay or severance pay. (Added Pub. L. 92–129, title II, § 202 (a), Sept. 28, 1971, 85 Stat. 357, and amended Pub. L. 93-64, title II, § 202, July 9, 1973, 87 Stat. 149.)

REFERENCES IN TEXT

For the effective date of this section, referred to in text, see Effective Date note below.

AMENDMENTS

1973-Subsec. (a). Pub. L. 93-64 substituted "July 1, 1975" for "July 1, 1973", wherever appearing.

EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-64 effective July 1, 1973, see section 206 of Pub. L. 93-64, set out as a note under section 401 of this title.

EFFECTIVE DATE

Section 209 of Pub. L. 92-129 provided that: "The foregoing provisions of this title [enacting this section and section 428 of this title and amending section 203 (a) and 403 (a) of this title and sections 2204 and 2207 of Title 50 Appendix] shall become effective on October 1, 1971, except that section 203 [enacting section 308a of this title] shall become effective on such date as shall be prescribed by the Secretary of Defense, but not earlier than February 1, 1971, and section 206 [amending section 2203 of Title 50 Appendix] shall become effective July 1, 1971."

who was on active duty on June 29, 1953, as a result of a call or order to active duty for a period of at least one year; or who, after that date and before July 1, 1975, was called or ordered to active duty for such a period; and

(3) a general officer of the Army or the Air Force appointed, from any of the categories named in clause (1) or (2) of this subsection, in the Army, the Air Force, or the National Guard, as the case may be, who was on active duty on June 29, 1953; who was retired before that date and was ordered to active duty after that date and before July 1, 1975; or who after June 29, 1953, was appointed from one of those categories.

(As amended Pub. L. 92-129, title I, § 104, Sept. 28, 1971, 85 Stat. 355; Pub. L. 93-64, title II, § 203, July 9, 1973, 87 Stat. 149.)

AMENDMENTS

1973-Subsec. (a). Pub. L. 93-64 substituted "July 1, 1975" for "July 1, 1973".

1971-Subsec. (a). Pub. L. 92-129 substituted "July 1, 1973" for "July 1, 1971", wherever appearing.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-64 effective July 1, 1973, see section 206 of Pub. L. 93-64, set out as a note under section 401 of this title.

§ 308. Special pay: reenlistment bonus.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 312a of this title.

§ 308a. Special pay: enlistment bonus.

(a) Notwithstanding section 514(a) of title 10 or any other provision of law, a person who enlists in the career field of Infantry, Armor, or Field Artillery Cannon in the Army, or the career field of Infantry, Field Artillery, or Tank and Amphibian Tractor in the Marine Corps for a period of at least three years, or who extends his initial period of active duty in such a career field to a total of at least three years, may, under regulations to be prescribed by the Secretary of Defense, be paid a bonus in an amount prescribed by the Secretary, but not more than $3,000. The bonus may be paid in a lump sum or in equal periodic installments, as determined by the Secretary.

(b) Under regulations approved by the Secretary of Defense, a person who voluntarily, or because of his misconduct, does not complete the term of enlistment for which a bonus was paid to him under this section shall refund that percentage of the bonus that the unexpired part of his enlistment is of the total enlistment period for which the bonus was paid.

(c) No bonus shall be paid under this section with respect to any enlistment or extension of an initial period of active duty in the armed forces made after June 30, 1974. (Added Pub. L. 92-129, title II, § 203 (a), Sept. 28, 1971, 85 Stat. 358, and amended Pub. L. 93-64, title II, § 204, July 9, 1973, 87 Stat. 149.)

AMENDMENTS

1973-Subsec. (a). Pub. L. 93-64, § 204(1), substituted in first sentence "the career field of Infantry, Armor, or Field Artillery Cannon in the Army, or the career field of Infantry, Field Artillery, or Tank and Amphibian Tractor in the Marine Corps", for "any combat element of an armed force" and "such a career field" for "a combat element of an armed force".

Subsec. (c). Pub. L. 93-64, § 204(2), substituted "June 30, 1974" for "June 30, 1973".

EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-64 effective July 1, 1973, see section 206 of Pub. L. 93-64, set out as a note under section 401 of this title.

EFFECTIVE DATE

Section effective on a date to be prescribed by the Secretary of Defense, but not earlier than Feb. 1, 1971, see section 209 of Pub. L. 92-129, set out as a note under section 302a of this title.

REDUCTION IN PAY PROHIBITED

Enactment of this section not to reduce the pay to which any member of the uniformed services was entitled on June 30, 1971, see section 210 of Pub. L. 92-129, set out as a note under section 203 of this title.

§ 310. Special pay: duty subject to hostile fire. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 1079; title 20 section 1087ee.

§ 312. Special pay: nuclear-qualified officers extending period of active service.

(a) Under regulations to be prescribed by the Secretary of the Navy, an officer or the naval service who

(2) Repealed. Pub. L. 92-581, § 1(2) (A), Oct. 27, 1972, 86 Stat. 1277.

(5) executes a written agreement to remain on active duty in connection with supervision, operation, and maintenance of naval nuclear propsion plants for one period of four years in addition to any other period of obligated active service.

(c) Pursuant to regulations prescribed by the Secretary of the Navy and subject to such exceptions as may be prescribed in those regulations, refunds, on a pro rata basis, of sums paid pursuant to this section may be required if the officer having received the payment fails to complete the full period of four years of active duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants which he agreed to serve.

(d) Nothing in this section shall alter or modify the obligation of a regular officer to perform active service at the pleasure of the President. Completion of the additional period of four years' active service under this section shall in no way obligate the President to accept a resignation submitted by a regular officer at the end of the four-year period.

(e) The provisions of this section shall be effective only in the case of officers who, on or before June 30, 1975, execute the required written agreement to remain in active service. (As amended Pub. L. 92-581, § 1(1), (2), Oct. 27, 1972, 86 Stat. 1277.)

AMENDMENTS

1972-Pub. L. 92-581, § 1(1), struck out "submarine" in the section catchline.

Subsec. (a) (2). Pub. L. 92–581, § 1(2) (A), struck out cl. (2) which referred to officers of the naval service currently designated "qualified in submarines".

Subsec. (a) (5). Pub. L. 92-581, § 1(2) (B), substituted "on active duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants", for "in active submarine service".

Subsec. (c). Pub. L. 92-581, § 1(2) (C), substituted "duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants", for "submarine service".

Subsec. (d). Pub. L. 92-581, § 1(2) (D), struck out "submarine".

Subsec. (e). Pub. L. 92-581, § 1(2) (E), substituted "1975" for "1973".

§ 312a. Special pay: nuclear-trained and qualified enlisted members.

(a) Under regulations prescribed by the Secretary of Defense, an enlisted member of the naval service who

(1) is entitled to basic pay;

(2) is currently qualified for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; and

(3) has completed at least six, but not more than ten, years of active duty and executes, when eligible, a reenlistment agreement for not less than two years;

may upon acceptance of the reenlistment agreement by the Secretary of the Navy or his designee, be paid a bonus not to exceed six months of the basic pay to which he was entitled at the time of his discharge or release, multiplied by the number of years or the monthly fractions thereof of additional obligated service, not to exceed six years, or $15,000, whichever is the lesser amount.

(b) Bonus payments authorized under this section may be paid in either a lump sum or in installments.

(c) An amount paid to a member under subsection (a) of this section is in addition to all other compensation to which he is entitled and does not count against the limitation prescribed by section 308 (c) of this title concerning the total amount of reenlistment bonus that may be paid. However, if he receives payment under this section, he is not entitled to any further payments under section 308(g) of this title.

(d) Under regulations prescribed by the Secretary of the Navy, refunds, on a pro rata basis, of sums paid under subsection (a) of this section may be required, and further payments terminated, if the member who has received the payment fails to complete his reenlistment contract or fails to maintain his technical qualification for duty in connection

(2) his unmarried child (including any of the following categories of children if such child is in fact dependent on the member: a stepchild; an adopted child; or an illegitimate child whose alleged member-father has been judically decreed to be the father of the child or judicially ordered to contribute to the child's support, or whose parentage has been admitted in writing by the member) who either

(A) is under 21 years of age; or

(B) is incapable of self-support because of a mental or physical incapacity, and in fact dependent on the member for over one-half of his support; and

(3) his parent (including a stepparent or parent by adoption, and any person, including a former stepparent, who has stood in loco parentis to the member at any time for a continuous period of at least five years before the member became 21 years of age) who is in fact dependent on the member for over one-half of his support; however, the dependency of such a parent is determined on the basis of an affidavit submitted by the parent, and any other evidence required under regulations prescribed by the Secretary concerned, and he is not considered a dependent of the member claiming the dependence unless

(A) the member has provided over one-half of his support for the period prescribed by the Secretary concerned; or

(B) due to changed circumstances arising after the member enters on active duty, he becomes in fact dependent on the member for over one-half of his support.

For the purposes of this section, the relationship between a stepparent and his stepchild is terminated by the stepparent's divorce from the parent by blood. (As amended Pub. L. 93-64, title I, §§ 103, 104, July 9, 1973, 87 Stat. 148.)

20-347 0-74-vol. 2—21

AMENDMENTS

1973-Cl. (2). Pub. L. 93–64, § 103(1), in revising cl. (1) of first sentence, substituted "unmarried child" for "unmarried legitimate child" and defined dependent to include an illegitimate child whose alleged member-father has been judicially decreed to be the father of the child or judicially ordered to contribute to the child's support, or whose parentage has been admitted in writing by the member.

Cl. (3). Pub. L. 93-64, § 104, in revising cl. (3) of first sentence, substituted "five years before the member became 21 years" for "five years before he became 21 years", struck out requirement of actual residence of parent in the member's household, and added provision respecting determination of dependency of parent, including items (A) and (B), formerly contained in former section 2201 of Appendix to Title 50, War and National Defense.

Closing text. Pub. L. 93-64, § 103(2), struck out second sentence, following cl. (3) of first sentence, stating that a person is not a dependent of a female member unless he is in fact dependent on her for over one-half of his support.

EFFECTIVE DATE OF 1973 AMENDMENT

Section 206 of Pub. L. 93-64 provided that: "This Act [enacting section 1173 of Title 10, amending sections 302, 302a, 303, 308 (a), (c), 401, and 403 of this title, and repealing sections 2210-2212 of Title 50, Appendix] shall become effective July 1, 1973."

§ 403. Basic allowance for quarters.

(a) Except as otherwise provided by this section or by another law, a member of a uniformed service who is entitled to basic pay is entitled to a basic allowance for quarters at the following monthly rates according to the pay grade in which he is assigned or distributed for basic pay purposes:

(h) The Secretary concerned, or his designee, may make any determination necessary to administer this section with regard to enlisted members, including determinations of dependency and relationship, and may, when warranted by the circumstances, reconsider and change or modify any such determination. This authority may be redelegated by the Secretary concerned or his designee. Any determination made under this section with regard to enlisted members is final and is not subject to review by any accounting officer of the United States or a court, unless there is fraud or gross negligence.

(i) Notwithstanding any other provision of law, the basic allowance for quarters to which an enlisted member may be entitled as a member with dependents shall not, for such period as the Secretary concerned may prescribe, be contingent on the right of such member to receive pay.

(j) The President may prescribe regulations for the administration of this section, including definitions of the words "field duty" and "sea duty". (As amended Pub. L. 92-129, title II, § 204, Sept. 28, 1971, 85 Stat. 358; Pub. L. 93-64, title I, § 105, July 9, 1973, 87 Stat. 148.)

E-4 (4 years' or less service).

ents

ents

45.00

45.00"

(b) Except as otherwise provided by law, a member of a uniformed service who is assigned to quarters of the United States or a housing facility under the jurisdiction of a uniformed service, appropriate to his grade, rank, or rating and adequate for himself, and his dependents, if with dependents, is not entitled to a basic allowance for quarters. However, except as provided by regulations prescribed under subsection (j) of this section, a commissioned officer without dependents who is in a pay grade above pay grade O-3 and who is assigned to quarters of the United States or a housing facility under the jurisdiction of a uniformed service, appropriate to his grade or rank and adequate for himself, may elect not to occupy those quarters and instead to receive the basic allowance for quarters prescribed for his pay grade by this section.

(g) An aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard is entitled to the same basic allowance for quarters as a member of the uniformed services in pay grade E-4.

and deleted sentence reading "A member in pay grade E-4 (less than four years' service), E-3, E-2, or E-1 is considered at all times to be without dependents." Subsec. (b). Pub. L. 93-64, § 105(3), substituted in second sentence reference to subsection “(J)" for "(g)". Subsec. (g). Pub. L. 93-64, § 105(4), added subsec. (g). Former subsec. (g) redesignated (j).

Subsec. (h), (1). Pub. L. 93–64, § 105(4), added subsecs. (h) and (1).

Subsec. (1). Pub. L. 93-64, § 105(5), redesignated former subsec. (g) as (j).

1971-Subsec. (a). Pub. L. 92-129 increased the quarters allowances as shown on the table. Prior to this amendment the table was set out as follows: