Collapse to view only § 204. Entitlement

§ 201. Pay grades: assignment to; general rules
(a)
(1) Subject to paragraph (2), 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 grade

Army, Air Force, and Marine Corps

Navy, Coast Guard, and

National Oceanic and Atmospheric Administration

Public Health Service

O–10

General

Admiral

Assistant Secretary for Health.

O–9

Lieutenant general

Vice admiral

Surgeon General.

O–8

Major general

Rear admiral

Deputy Surgeon General.

Assistant Surgeon General having rank of major general.

O–7

(2) For the purpose of computing their basic pay, commissioned officers of the Space Force are assigned to the pay grades in the table in paragraph (1) by grade or rank in the Air Force that is equivalent to the grade or rank in which such officers are serving in the Space Force.
(span) 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 subsections (c) and (d), enlisted members of the uniformed services shall, for the purpose of computing their basic pay, be distributed by the Secretary concerned in the various enlisted pay grades set forth in section 203 of this title. However, except as provided by section 307 of this title, an enlisted member may not be placed in pay grade E–8 or E–9 until he has completed at least 8 years or 10 years, respectively, of enlisted service computed under section 205 of this title.
(Puspan. L. 87–649, Sept. 7, 1962, 76 Stat. 453; Puspan. L. 88–132, § 3(a), Oct. 2, 1963, 77 Stat. 212; Puspan. L. 89–718, § 49(a)(1), Nov. 2, 1966, 80 Stat. 1121; Puspan. L. 91–278, § 3(1), June 12, 1970, 84 Stat. 306; Puspan. L. 95–79, title III, § 302(a)(1), July 30, 1977, 91 Stat. 326; Puspan. L. 96–76, title III, § 313(a), Sept. 29, 1979, 93 Stat. 586; Puspan. L. 96–513, title V, §§ 506(3), 516(2), Dec. 12, 1980, 94 Stat. 2918, 2937; Puspan. L. 97–86, title IV, § 405(c), Dec. 1, 1981, 95 Stat. 1106; Puspan. L. 98–94, title IX, § 932(d), Sept. 24, 1983, 97 Stat. 650; Puspan. L. 98–557, § 25(span)(1), Oct. 30, 1984, 98 Stat. 2872; Puspan. L. 99–145, title V, § 514(d)(1), Nov. 8, 1985, 99 Stat. 629; Puspan. L. 101–502, § 5(k)(2), Nov. 3, 1990, 104 Stat. 1289; Puspan. L. 102–25, title VII, § 701(span)(1), (c), Apr. 6, 1991, 105 Stat. 117; Puspan. L. 102–190, div. A, title VI, § 605, title XI, § 1111(span), Dec. 5, 1991, 105 Stat. 1374, 1491; Puspan. L. 109–163, div. A, title V, § 515(d)(1)(B), Jan. 6, 2006, 119 Stat. 3236; Puspan. L. 116–283, div. A, title IX, § 925(c), Jan. 1, 2021, 134 Stat. 3827.)
§ 202. Pay grades: retired Coast Guard rear admirals (lower half)

An officer of the Coast Guard holding a permanent appointment in the grade of rear admiral (lower half) on the retired list, and who in time of war or national emergency has served satisfactorily on active duty for two years in that grade or in a higher grade, is entitled when on active duty to the basic pay of a rear admiral.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 454; Pub. L. 89–718, § 50, Nov. 2, 1966, 80 Stat. 1121; Pub. L. 90–130, § 3(1), Nov. 8, 1967, 81 Stat. 383; Pub. L. 90–179, § 7, Dec. 8, 1967, 81 Stat. 548; Pub. L. 90–623, § 3(2), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 92–451, § 2, Oct. 2, 1972, 86 Stat. 757; Pub. L. 96–342, title X, § 1004(a), Sept. 8, 1980, 94 Stat. 1120; Pub. L. 96–513, title IV, § 401, Dec. 12, 1980, 94 Stat. 2904; Pub. L. 97–417, § 3(a), Jan. 4, 1983, 96 Stat. 2087; Pub. L. 98–557, § 25(b)(2)(A), Oct. 30, 1984, 98 Stat. 2872; Pub. L. 99–145, title V, § 514(d)(2)(A), (B), Nov. 8, 1985, 99 Stat. 629.)
§ 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 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 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.
(d)
(1) The basic pay of a commissioned officer who is in pay grade O–1, O–2, or O–3 and who is credited with a total of over four years’ service described in paragraph (2) shall be computed in the same manner as the basic pay of a commissioned officer in the same pay grade who has been credited with over four years’ active service as an enlisted member.
(2) Service to be taken into account for purposes of computing basic pay under paragraph (1) is as follows:
(A) Active service as a warrant officer or as a warrant officer and an enlisted member.
(B) Service as a warrant officer, as an enlisted member, or as a warrant officer and an enlisted member, for which at least 1,460 points have been credited to the officer for the purposes of section 12732(a)(2) of title 10.
(e)
(1) A student at the United States Military Academy Preparatory School, the United States Naval Academy Preparatory School, or the United States Air Force Academy Preparatory School who was selected to attend the preparatory school from civilian life is entitled to monthly student pay at the same rate as provided for cadets and midshipmen under subsection (c).
(2) A student at a preparatory school referred to in paragraph (1) who, at the time of the student’s selection to attend the preparatory school, was an enlisted member of the uniformed services shall receive monthly basic pay at the rate prescribed for the student’s pay grade and years of service as an enlisted member or at the rate provided for cadets and midshipmen under subsection (c), whichever is greater.
(3) The monthly student pay of a student described in paragraph (1) shall be treated for purposes of the accrual charge for the Department of Defense Military Retirement Fund established under section 1461 of title 10 in the same manner as monthly cadet pay or midshipman pay under subsection (c).
(f)
(1) An officer candidate enrolled in the basic officer training program of the commissioned officer corps of the National Oceanic and Atmospheric Administration is entitled, while participating in such program, to monthly officer candidate pay at monthly rates equal to the basic pay of an enlisted member in the pay grade E–5 with less than two years of service.
(2) An individual who graduates from such program shall receive credit for the time spent participating in such program as if such time were time served while on active duty as a commissioned officer. If the individual does not graduate from such program, such time shall not be considered creditable for active duty or pay.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 456; Pub. L. 88–132, § 2, Oct. 2, 1963, 77 Stat. 210; Pub. L. 88–422, § 1, Aug. 12, 1964, 78 Stat. 395; Pub. L. 89–132, § 1, Aug. 21, 1965, 79 Stat. 545; Pub. L. 89–501, title III, § 301, July 13, 1966, 80 Stat. 276; Pub. L. 90–207, § 1(1), Dec. 16, 1967, 81 Stat. 649; Pub. L. 91–278, § 3(2), June 12, 1970, 84 Stat. 306; Pub. L. 92–129, title II, § 201, Sept. 28, 1971, 85 Stat. 355; Pub. L. 92–455, § 3, Oct. 2, 1972, 86 Stat. 761; Pub. L. 93–419, § 2, Sept. 19, 1974, 88 Stat. 1152; Pub. L. 95–79, title III, § 302(a)(2), July 30, 1977, 91 Stat. 326; Pub. L. 96–343, § 6(b), Sept. 8, 1980, 94 Stat. 1127; Pub. L. 97–60, title I, § 102(a), Oct. 14, 1981, 95 Stat. 992; Pub. L. 98–94, title IX, § 902(a), Sept. 24, 1983, 97 Stat. 635; Pub. L. 99–145, title XIII, § 1303(b)(1), Nov. 8, 1985, 99 Stat. 740; Pub. L. 99–661, div. A, title VI, § 601(c), Nov. 14, 1986, 100 Stat. 3874; Pub. L. 100–180, div. A, title VI, § 601(c), Dec. 4, 1987, 101 Stat. 1092, as amended Pub. L. 100–202, § 110(b), Dec. 22, 1987, 101 Stat. 1329–436; Pub. L. 100–456, div. A, title VI, § 601(d), Sept. 29, 1988, 102 Stat. 1976; Pub. L. 101–189, div. A, title VI, § 601(c), Nov. 29, 1989, 103 Stat. 1445; Pub. L. 103–160, div. A, title VI, § 603(a), Nov. 30, 1993, 107 Stat. 1678; Pub. L. 103–337, div. A, title VI, § 601(c), Oct. 5, 1994, 108 Stat. 2779; Pub. L. 104–201, div. A, title VI, § 602, Sept. 23, 1996, 110 Stat. 2540; Pub. L. 105–261, div. A, title VI, § 602(a), Oct. 17, 1998, 112 Stat. 2037; Pub. L. 106–65, div. A, title VI, § 601(d), Oct. 5, 1999, 113 Stat. 648; Pub. L. 106–398, § 1 [[div. A], title VI, § 612(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–150; Pub. L. 107–107, div. A, title VI, § 602(a), Dec. 28, 2001, 115 Stat. 1132; Pub. L. 107–314, div. A, title X, § 1062(f)(1), Dec. 2, 2002, 116 Stat. 2651; Pub. L. 108–136, div. A, title VI, § 603, Nov. 24, 2003, 117 Stat. 1499; Pub. L. 109–163, div. A, title VI, §§ 602, 603, Jan. 6, 2006, 119 Stat. 3286; Pub. L. 109–364, div. A, title VI, § 602(a), Oct. 17, 2006, 120 Stat. 2245; Pub. L. 116–259, title III, § 305(d), Dec. 23, 2020, 134 Stat. 1174.)
§ 204. Entitlement
(a) The following persons are entitled to the basic pay of the pay grade to which assigned or distributed, in accordance with their years of service computed under section 205 of this title
(1) a member of a uniformed service who is on active duty; and
(2) a member of a uniformed service, or a member of the National Guard who is not a Reserve of the Army or the Air Force, who is participating in full-time training, training duty with pay, or other full-time duty, provided by law, including participation in exercises or the performance of duty under section 10302, 10305, 10502, or 12402 of title 10, or section 503, 504, 505, or 506 of title 32.
(b) For the purposes of subsection (a), under regulations prescribed by the President, the time necessary for a member of a uniformed service who is called or ordered to active duty for a period of more than 30 days to travel from his home to his first duty station and from his last duty station to his home, by the mode of transportation authorized in his call or orders, is considered active duty.
(c)
(1) A member of the National Guard who is called into Federal service for a period of 30 days or less is entitled to basic pay from the date on which the member, in person or by authorized telephonic or electronic means, contacts the member’s unit.
(2) Paragraph (1) does not authorize any expenditure to be paid for a period before the date on which the unit receives the member’s contact provided under such paragraph.
(3) The Secretary of the Army, with respect to the Army National Guard, and the Secretary of the Air Force, with respect to the Air National Guard, shall prescribe such regulations as may be necessary to carry out this subsection.
(d) Full-time training, training duty with pay, or other full-time duty performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in his status as a member of the National Guard, is active duty for the purposes of this section.
(e) A payment accruing under any law to a member of a uniformed service incident to his release from active duty or for his return home incident to that release may be paid to him before his departure from his last duty station, whether or not he actually performs the travel involved. If a member receives a payment under this subsection but dies before that payment would have been made but for this subsection, no part of that payment may be recovered by the United States.
(f) A cadet of the United States Military Academy or the United States Air Force Academy, or a midshipman of the United States Naval Academy, who, upon graduation from one of those academies, is appointed as a second lieutenant of the Army or the Air Force is entitled to the basic pay of pay grade O–1 beginning upon the date of his graduation.
(g)
(1) A member of a reserve component of a uniformed service is entitled to the pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service whenever such member is physically disabled as the result of an injury, illness, or disease incurred or aggravated—
(A) in line of duty while performing active duty;
(B) in line of duty while performing inactive-duty training (other than work or study in connection with a correspondence course of an armed force or attendance in an inactive status at an educational institution under the sponsorship of an armed force or the Public Health Service);
(C) while traveling directly to or from such duty or training;
(D) in line of duty while remaining overnight immediately before the commencement of inactive-duty training, or while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training; or
(E) in line of duty while—
(i) serving on funeral honors duty under section 12503 of title 10 or section 115 of title 32;
(ii) traveling to or from the place at which the duty was to be performed; or
(iii) remaining overnight at or in the vicinity of that place immediately before so serving, if the place is outside reasonable commuting distance from the member’s residence.
(2) In the case of a member who receives earned income from nonmilitary employment or self-employment performed in any month in which the member is otherwise entitled to pay and allowances under paragraph (1), the total pay and allowances shall be reduced by the amount of such income. In calculating earned income for the purpose of the preceding sentence, income from an income protection plan, vacation pay, or sick leave which the member elects to receive shall be considered.
(h)
(1) A member of a reserve component of a uniformed service who is physically able to perform his military duties, is entitled, upon request, to a portion of the monthly pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service for each month for which the member demonstrates a loss of earned income from nonmilitary employment or self-employment as a result of an injury, illness, or disease incurred or aggravated—
(A) in line of duty while performing active duty;
(B) in line of duty while performing inactive-duty training (other than work or study in connection with a correspondence course of an armed force or attendance in an inactive status at an educational institution under the sponsorship of an armed force or the Public Health Service);
(C) while traveling directly to or from such duty or training;
(D) in line of duty while remaining overnight immediately before the commencement of inactive-duty training, or while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training; or
(E) in line of duty while—
(i) serving on funeral honors duty under section 12503 of title 10 or section 115 of title 32;
(ii) traveling to or from the place at which the duty was to be performed; or
(iii) remaining overnight at or in the vicinity of that place immediately before so serving, if the place is outside reasonable commuting distance from the member’s residence.
(2) The monthly entitlement may not exceed the member’s demonstrated loss of earned income from nonmilitary or self-employment. In calculating such loss of income, income from an income protection plan, vacation pay, or sick leave which the member elects to receive shall be considered.
(i)
(1) The total amount of pay and allowances paid under subsections (g) and (h) and compensation paid under section 206(a) of this title for any period may not exceed the amount of pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service for that period.
(2) Pay and allowances may not be paid under subsection (g) or (h) for a period of more than six months. The Secretary concerned may extend such period in any case if the Secretary determines that it is in the interests of fairness and equity to do so.
(3) A member is not entitled to benefits under subsection (g) or (h) if the injury, illness, disease, or aggravation of an injury, illness, or disease is the result of the gross negligence or misconduct of the member.
(4) Regulations with respect to procedures for paying pay and allowances under subsections (g) and (h) shall be prescribed—
(A) by the Secretary of Defense for the armed forces under the jurisdiction of the Secretary; and
(B) by the Secretary of Homeland Security for the Coast Guard when the Coast Guard is not operating as a service in the Navy.
(j) A member of the uniformed services who is entitled to medical or dental care under section 1074a of title 10 is entitled to travel and transportation allowances, or a monetary allowance in place thereof, for necessary travel incident to such care, and return to his home upon discharge from treatment.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 457; Pub. L. 96–513, title V, § 506(4), Dec. 12, 1980, 94 Stat. 2919; Pub. L. 98–94, title X, § 1012(b), Sept. 24, 1983, 97 Stat. 665; Pub. L. 99–433, title V, § 531(b), Oct. 1, 1986, 100 Stat. 1063; Pub. L. 99–661, div. A, title VI, § 604(b), Nov. 14, 1986, 100 Stat. 3875; Pub. L. 100–456, div. A, title VI, § 631(a), (b), Sept. 29, 1988, 102 Stat. 1984, 1985; Pub. L. 102–25, title VII, § 701(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 103–337, div. A, title XVI, § 1676(b)(1), Oct. 5, 1994, 108 Stat. 3019; Pub. L. 104–106, div. A, title VII, § 702(c), Feb. 10, 1996, 110 Stat. 371; Pub. L. 105–85, div. A, title V, § 513(f), Nov. 18, 1997, 111 Stat. 1732; Pub. L. 106–398, § 1 [[div. A], title VI, § 665(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–168; Pub. L. 107–107, div. A, title V, § 513(d), Dec. 28, 2001, 115 Stat. 1093; Pub. L. 107–296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 113–66, div. A, title VI, § 602, Dec. 26, 2013, 127 Stat. 779.)
§ 205. Computation: service creditable
(a) Subject to subsections (b) and (c), for the purpose of computing the basic pay of a member of a uniformed service, his years of service are computed by adding—
(1) all periods of active service as an officer, Army field clerk, flight officer, aviation midshipman, or enlisted member of a uniformed service;
(2) all periods during which he was enlisted or held an appointment as an officer, Army field clerk, or flight officer of—
(A) a regular component of a uniformed service;
(B) the Regular Army Reserve;
(C) the Organized Militia before July 1, 1916;
(D) the National Guard;
(E) the National Guard Reserve;
(F) a reserve component of a uniformed service;
(G) the Naval Militia;
(H) the National Naval Volunteers;
(I) the Navy Reserve Force;
(J) the Army without specification of component;
(K) the Air Force without specification of component;
(L) the Marine Corps Reserve Force;
(M) the Philippine Scouts; or
(N) the Philippine Constabulary;
(3) for a commissioned officer in service on June 30, 1922, all service that was then counted in computing longevity pay and all service as a contract surgeon serving full time;
(4) all periods during which he held an appointment as a nurse, reserve nurse, or commissioned officer in the Army Nurse Corps as it existed at any time before April 16, 1947, the Navy Nurse Corps as it existed at any time before April 16, 1947, or the Public Health Service, or a reserve component of any of them;
(5) all periods during which he was a deck officer or junior engineer in the National Oceanic and Atmospheric Administration;
(6) all periods that, under law in effect on January 10, 1962, were authorized to be credited in computing basic pay; and
(7) all periods while—
(A) on a temporary disability retired list, honorary retired list, or a retired list of a uniformed service;
(B) entitled to retired pay, retirement pay, or retainer pay, from a uniformed service or the Department of Veterans Affairs, as a member of the Fleet Reserve or the Fleet Marine Corps Reserve; or
(C) a member of the Honorary Reserve of the Officers’ Reserve Corps or the Organized Reserve Corps.
Except for any period of active service described in clause (1) and except as provided by subsections (b), (c), and (d) of section 1402 and subsections (b), (c), and (d) of section 1402a of title 10, a period of service described in clauses (2) through (7) that is performed while on a retired list, in a retired status, or in the Fleet Reserve or Fleet Marine Corps Reserve, may not be included to increase retired pay, retirement pay, or retainer pay. For the purpose of clause (5), periods during which a member was a deck officer or junior engineer in the National Oceanic and Atmospheric Administration includes periods during which a member was a deck officer or junior engineer in the Environmental Science Services Administration or the Coast and Geodetic Survey.
(b) A period of time may not be counted more than once under subsection (a).
(c) The periods of service authorized to be counted under subsection (a) shall, under regulations prescribed by the Secretary concerned, include service performed by a member of a uniformed service before he became 18 years of age.
(d) Notwithstanding subsection (a), a commissioned officer may not count in computing basic pay a period of service after October 13, 1964, that the officer performed concurrently as a member of the Senior Reserve Officers’ Training Corps, except for service that the officer performed on or after August 1, 1979, other than for training as an enlisted member of the Selected Reserve may be so counted.
(e)
(1) Notwithstanding subsection (a), a period of service described in paragraph (2) of a member who enlists in a reserve component may not be counted under this section.
(2) Paragraph (1) applies to the following service:
(A) Service performed while a member of a reserve component under an enlistment under section 12103(b) or 12103(d) of title 10 before the member begins service on active duty under such section (including a period of active duty for training) unless the member performs inactive-duty training before beginning service on active duty or active duty for training;
(B) Service performed while a member of a reserve component under an enlistment under section 513 of title 10 (other than a period of active duty to which the member is ordered under chapter 1209 of title 10 or another provision of law).
(f) Notwithstanding subsection (a), the periods of service of a commissioned officer appointed under section 12203 of title 10 after receiving financial assistance under section 16401 of such title that are counted under this section may not include a period of service after January 1, 2000, that the officer performed concurrently as an enlisted member of the Marine Corps Platoon Leaders Class program and the Marine Corps Reserve, except that service after that date that the officer performed before commissioning (concurrently with the period of service as a member of the Marine Corps Platoon Leaders Class program) as an enlisted member on active duty or as a member of the Selected Reserve may be so counted.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 458; Pub. L. 88–647, title II, § 202(1), Oct. 13, 1964, 78 Stat. 1070; Pub. L. 89–718, § 49(a)(1), (b), Nov. 2, 1966, 80 Stat. 1121; Pub. L. 90–623, § 3(3), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 93–545, § 2, Dec. 26, 1974, 88 Stat. 1741; Pub. L. 96–342, title VIII, § 813(b)(3)(D), Sept. 8, 1980, 94 Stat. 1104; Pub. L. 96–513, title IV, § 402, title V, § 516(3), Dec. 12, 1980, 94 Stat. 2904, 2937; Pub. L. 98–525, title VI, § 607(a), Oct. 19, 1984, 98 Stat. 2538; Pub. L. 101–189, div. A, title V, § 501(c), Nov. 29, 1989, 103 Stat. 1435; Pub. L. 102–25, title VII, § 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–484, div. A, title V, § 517(b), Oct. 23, 1992, 106 Stat. 2407; Pub. L. 103–35, title II, § 204(a)(1), May 31, 1993, 107 Stat. 102; Pub. L. 103–337, div. A, title XVI, § 1676(b)(2), Oct. 5, 1994, 108 Stat. 3019; Pub. L. 104–201, div. A, title V, § 507(b), Sept. 23, 1996, 110 Stat. 2512; Pub. L. 105–85, div. A, title X, § 1073(b), Nov. 18, 1997, 111 Stat. 1904; Pub. L. 106–65, div. A, title V, § 551(c), Oct. 5, 1999, 113 Stat. 614; Pub. L. 106–398, § 1 [[div. A], title V, § 533(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A–111; Pub. L. 109–163, div. A, title V, § 515(d)(1)(C), Jan. 6, 2006, 119 Stat. 3236.)
§ 206. Reserves; members of National Guard: inactive-duty training
(a) Under regulations prescribed by the Secretary concerned, and to the extent provided for by appropriations, a member of the National Guard or a member of a reserve component of a uniformed service who is not entitled to basic pay under section 204 of this title, is entitled to compensation, at the rate of 130 of the basic pay authorized for a member of a uniformed service of a corresponding grade entitled to basic pay—
(1) for each regular period of instruction, or period of appropriate duty, at which the member is engaged for at least two hours, including that performed on a Sunday or holiday;
(2) for the performance of such other equivalent training, instruction, duty, or appropriate duties, as the Secretary may prescribe;
(3) for a regular period of instruction that the member is scheduled to perform but is unable to perform because of physical disability resulting from an injury, illness, or disease incurred or aggravated—
(A) in line of duty while performing—
(i) active duty; or
(ii) inactive-duty training;
(B) while traveling directly to or from that duty or training (unless such injury, illness, disease, or aggravation of an injury, illness, or disease is the result of the gross negligence or misconduct of the member); or
(C) in line of duty while remaining overnight immediately before the commencement of inactive-duty training, or while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training; or
(4) for each of six days for each period during which the member is on maternity leave.
(b) The regulations prescribed under subsection (a) for each uniformed service, the National Guard, and each of the classes of organization of the reserve components within each uniformed service, may be different. The Secretary concerned shall, for the National Guard and each of the classes of organization within each uniformed service, prescribe—
(1) minimum standards that must be met before an assembly for drill or other equivalent period of training, instruction, duty, or appropriate duties may be credited for pay purposes, and those standards may require the presence for duty of officers and enlisted members in numbers equal to or more than a minimum number or percentage of the unit strength for a specified period of time with participation in a prescribed kind of training;
(2) the maximum number of assemblies or periods of other equivalent training, instruction, duty, or appropriate duties, that may be counted for pay purposes in each fiscal year or in lesser periods of time; and
(3) the minimum number of assemblies or periods of other equivalent training, instruction, duty, or appropriate duties that must be completed in stated periods of time before the members of units or organizations can qualify for pay.
(c) A person enlisted in the inactive National Guard is not entitled to pay under this section.
(d)
(1) Except as provided in paragraph (2), this section does not authorize compensation for work or study performed by a member of a reserve component or by a member of the National Guard while not in Federal service in connection with correspondence courses of a uniformed service.
(2) A member of the Selected Reserve of the Ready Reserve may be paid compensation under this section at a rate and under terms determined by the Secretary of Defense, but not to exceed the rate otherwise applicable to the member under subsection (a), upon the member’s successful completion of a course of instruction undertaken by the member using electronic-based distributed learning methodologies to accomplish training requirements related to unit readiness or mobilization, as directed for the member by the Secretary concerned. The compensation may be paid regardless of whether the course of instruction was under the direct control of the Secretary concerned or included the presence of an instructor.
(3) The prohibition in paragraph (1), including the prohibition as it relates to a member of the National Guard while not in Federal service, applies to—
(A) any work or study performed on or after September 7, 1962, unless that work or study is specifically covered by the exception in paragraph (2); and
(B) any claim based on that work or study arising after that date.
(e) A member of the National Guard or of a reserve component of the uniformed services may not be paid under this section for more than four periods of equivalent training, instruction, duty, or appropriate duties performed during a fiscal year instead of the member’s regular period of instruction or regular period of appropriate duty during that fiscal year.
(f) A member of the Individual Ready Reserve is not entitled to compensation under this section for participation in screening for which the member is paid a stipend under section 433a of this title.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 460; Pub. L. 98–525, title XIV, § 1402(a), Oct. 19, 1984, 98 Stat. 2620; Pub. L. 99–661, div. A, title VI, § 604(c), Nov. 14, 1986, 100 Stat. 3876; Pub. L. 100–456, div. A, title VI, § 631(c), Sept. 29, 1988, 102 Stat. 1985; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–106, div. A, title VII, § 702(d), Feb. 10, 1996, 110 Stat. 371; Pub. L. 105–85, div. A, title V, § 513(g), Nov. 18, 1997, 111 Stat. 1732; Pub. L. 107–107, div. A, title V, § 513(e), title VI, § 603(a), Dec. 28, 2001, 115 Stat. 1093, 1133; Pub. L. 109–163, div. A, title VI, § 604, Jan. 6, 2006, 119 Stat. 3287; Pub. L. 109–364, div. A, title VI, § 607, Oct. 17, 2006, 120 Stat. 2247; Pub. L. 110–181, div. A, title VI, § 633(b), Jan. 28, 2008, 122 Stat. 155; Pub. L. 116–283, div. A, title VI, § 602(a), Jan. 1, 2021, 134 Stat. 3670.)
§ 207. Band leaders
(a) The leader of the Army Band is entitled to the basic pay of a captain in the Army.
(b) The leader of the United States Navy Band is entitled to the basic pay of a lieutenant in the Navy.
(c) A member of the Marine Corps who is appointed as director or assistant director of the United States Marine Band under section 8287 of title 10 is entitled, while serving thereunder, only to the basic pay of an officer in the grade in which he is serving. However, his basic pay may not be less that to which he was entitled at the time of his appointment under that section.
(d) The leader of the Naval Academy Band is entitled to the basic pay of the grade the Secretary of the Navy prescribes. The second leader is entitled to the basic pay of a warrant officer, W–1.
(e) The director of the Coast Guard Band is entitled to the basic pay of an officer in the grade in which he is serving. However, his basic pay may not be less than that to which he was entitled at the time of his appointment as director.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 460; Pub. L. 89–189, § 2, Sept. 17, 1965, 79 Stat. 820; Pub. L. 95–551, § 3(b)(1), Oct. 30, 1978, 92 Stat. 2069; Pub. L. 115–232, div. A, title VIII, § 809(m)(1), Aug. 13, 2018, 132 Stat. 1843.)
[§ 208. Repealed. Pub. L. 91–482, § 1(b), Oct. 21, 1970, 84 Stat. 1082]
§ 209. Members of precommissioning programs
(a)Senior ROTC Members in Advanced Training.—
(1) Except when on active duty, a member of the Senior Reserve Officers’ Training Corps who is selected for advance training under section 2104 of title 10 is entitled to a monthly subsistence allowance at a rate prescribed under paragraph (2) beginning on the day he starts advanced training and ending upon the completion of his instruction under that section, but in no event shall any member receive such pay for more than 30 months.
(2) The Secretary of Defense shall prescribe by regulation the monthly rates for subsistence allowances provided under this section. The rate may not be less than $250 per month, but may not exceed $674 per month.
(3) A subsistence allowance under this section may not be considered financial assistance requiring additional service within the meaning of the third sentence of section 6(d)(1) of the Military Selective Service Act (50 U.S.C. 3806(d)(1)).
(b)Senior ROTC Members Appointed in Reserves.—Except when on active duty, a cadet or midshipman appointed under section 2107 of title 10 is entitled to a monthly subsistence allowance at a rate prescribed under subsection (a). 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).
(c)Nonscholarship Senior ROTC Members Not in Advanced Training.—A member of the Selected Reserve Officers’ Training Corps who has entered into an agreement under section 2103a of title 10 is entitled to a monthly subsistence allowance at a rate prescribed under subsection (a). That allowance may be paid to the member by reason of such agreement for a maximum of 20 months.
(d)Pay While Attending Training or Practice Cruise.—Each cadet or midshipman in the Senior Reserve Officers’ Training Corps, while he is attending training or practice cruises under chapter 103 of title 10 if the training or cruise is of at least four weeks duration and must be completed before the cadet or midshipman is commissioned, and each applicant for membership in the Senior Reserve Officers’ Training Corps, while he is attending field training or practice cruises to satisfy the requirements of section 2104(b)(6)(B) of title 10 for admission to advanced training, is entitled, while so attending, to pay at the rate prescribed for cadets and midshipmen at the United States Military, Naval, and Air Force Academies under section 203(c) of this title, except that the rate for a cadet or midshipman who is a member of the regular component of an armed force shall be the rate of basic pay applicable to the member under section 203 of this title.
(e)Members of Marine Corps Officer Candidate Program.—Except when serving on active duty, a member who is enrolled in a Marine Corps officer candidate program which requires a baccalaureate degree as a prerequisite to being commissioned as an officer and who is not enrolled in a program established under chapter 103 of title 10 or an academy established under chapter 403, 603, or 903 of title 10 may be paid a subsistence allowance at a monthly rate prescribed under subsection (a) for a member of the Senior Reserve Officers’ Training Corps who is selected for advanced training under section 2104 of title 10.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 461; Pub. L. 88–647, title II, § 202(2), Oct. 13, 1964, 78 Stat. 1070; Pub. L. 89–51, § 3, June 28, 1965, 79 Stat. 173; Pub. L. 89–718, § 51, Nov. 2, 1966, 80 Stat. 1121; Pub. L. 92–171, § 1, Nov. 24, 1971, 85 Stat. 490; Pub. L. 95–79, title III, § 302(a)(3), July 30, 1977, 91 Stat. 326; Pub. L. 96–342, title VIII, § 811(a), Sept. 8, 1980, 94 Stat. 1098; Pub. L. 96–513, title V, § 516(4), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96–579, § 8, Dec. 23, 1980, 94 Stat. 3368; Pub. L. 98–94, title X, § 1003(a)(4), Sept. 24, 1983, 97 Stat. 656; Pub. L. 100–456, div. A, title VI, § 633(d), Sept. 29, 1988, 102 Stat. 1987; Pub. L. 101–189, div. A, title VI, § 653(d), Nov. 29, 1989, 103 Stat. 1462; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 103–337, div. A, title VI, § 603(a), Oct. 5, 1994, 108 Stat. 2782; Pub. L. 106–65, div. A, title V, § 546(a), Oct. 5, 1999, 113 Stat. 608; Pub. L. 106–398, § 1 [[div. A], title VI, § 612(b), (c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–150; Pub. L. 107–107, div. A, title V, § 535(b), Dec. 28, 2001, 115 Stat. 1107; Pub. L. 107–314, div. A, title X, § 1062(g)(2), Dec. 2, 2002, 116 Stat. 2651; Pub. L. 108–136, div. A, title V, § 523(a), Nov. 24, 2003, 117 Stat. 1463; Pub. L. 114–328, div. A, title X, § 1081(b)(1)(B), Dec. 23, 2016, 130 Stat. 2418.)
§ 210. Pay of senior enlisted members during terminal leave and while hospitalized
(a) A noncommissioned officer of an armed force who, immediately following the completion of service as the senior enlisted member of that armed force or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau, is placed on terminal leave pending retirement shall be entitled, for not more than 60 days while in such status, to the rate of basic pay authorized for the senior enlisted member of that armed force.
(b) A noncommissioned officer of an armed force who is hospitalized and who, during or immediately before such hospitalization, completed service as the senior enlisted member of that armed force, shall continue to be entitled, for not more than 180 days while so hospitalized, to the rate of basic pay authorized for the senior enlisted member of that armed force.
(c) In this section, the term “senior enlisted member” means the following:
(1) The Sergeant Major of the Army.
(2) The Master Chief Petty Officer of the Navy.
(3) The Chief Master Sergeant of the Air Force.
(4) The Sergeant Major of the Marine Corps.
(5) The senior enlisted advisor of the Space Force.
(6) The Master Chief Petty Officer of the Coast Guard.
(Added Pub. L. 102–190, div. A, title VI, § 606(a), Dec. 5, 1991, 105 Stat. 1374; amended Pub. L. 104–201, div. A, title VI, § 603(a), (b)(1), Sept. 23, 1996, 110 Stat. 2540; Pub. L. 109–163, div. A, title VI, § 685(b), Jan. 6, 2006, 119 Stat. 3325; Pub. L. 109–364, div. A, title X, § 1071(c)(1), Oct. 17, 2006, 120 Stat. 2400; Pub. L. 113–291, div. A, title VI, § 603(b), Dec. 19, 2014, 128 Stat. 3398; Pub. L. 116–283, div. A, title IX, § 925(d), Jan. 1, 2021, 134 Stat. 3827.)
§ 211. Participation in Thrift Savings Plan
(a)Definition.—In this section, the term “member” means—
(1) a member of the uniformed services serving on active duty; and
(2) a member of the Ready Reserve in any pay status.
(b)Authority.—Any member may participate in the Thrift Savings Plan in accordance with section 8440e of title 5.
(c)Rule of Construction Regarding Separation.—For purposes of subchapters III and VII of chapter 84 of title 5, each of the following actions shall, in the case of a member participating in the Thrift Savings Plan in accordance with section 8440e of such title, be considered a separation from Government employment:
(1) Release of the member from active duty, not followed, before the end of the 31-day period beginning on the day following the effective date of the release, by—
(A) a resumption of active duty; or
(B) an appointment to a position covered by chapter 83 or 84 of title 5 or an equivalent retirement system, as identified by the Executive Director (appointed by the Federal Retirement Thrift Investment Board) in regulations.
(2) Transfer of the member to inactive status, or to a retired list pursuant to any provision of title 10.
(d)Repayment of Amounts Borrowed From Member Account.—If a loan is issued to a member under section 8433(g) of title 5 from funds in the member’s account in the Thrift Savings Plan, repayment of the loan may be required on the same semi-monthly basis as authorized for contributions to the Thrift Savings Fund on behalf of the member under section 1014(c) of this title.
(Added and amended Pub. L. 106–65, div. A, title VI, §§ 661(a)(1)(A), 662, Oct. 5, 1999, 113 Stat. 670, 672; Pub. L. 109–163, div. A, title VI, § 605, Jan. 6, 2006, 119 Stat. 3287; Pub. L. 110–181, div. A, title VI, § 605(b), Jan. 28, 2008, 122 Stat. 146; Pub. L. 114–92, div. A, title VI, § 632(e)(1), Nov. 25, 2015, 129 Stat. 847.)
§ 212. Advancement of basic pay: members deployed in combat zone for more than one year
(a)Eligibility; Amount Advanced.—If a member of the armed forces is assigned to duty in an area for which special pay under section 310, or paragraph (1) or (3) of section 351(a), of this title is available and the assignment is pursuant to orders specifying an assignment of one year or more (or the assignment is extended beyond one year), the member may request, during the period of the assignment, the advanced payment of not more than three months of the basic pay of the member.
(b)Consideration of Request.—A request by a member described in subsection (a) for the advanced payment of a single month of basic pay shall be granted. The Secretary concerned may grant a member’s request for a second or third month of advanced basic pay during the assignment upon a showing of financial hardship.
(c)Recoupment of Advanced Pay.—The Secretary concerned shall recoup an advance made on the basic pay of a member under this section in equal installments over a one-year period beginning as provided in subsection (d). If the member is serving on active duty for any month during the recoupment period, the amount of the installment for the month shall be deducted from the basic pay of the member for that month. The estate of a deceased member shall not be required to repay any portion of the advanced pay paid to the member and not repaid before the death of the member.
(d)Commencement of Recoupment.—The recoupment period for an advancement of basic pay to a member under this section shall commence on the first day of the first month beginning on or after the date on which the member receives the advanced pay.
(Added Pub. L. 108–375, div. A, title VI, § 606(a), Oct. 28, 2004, 118 Stat. 1945; amended Pub. L. 114–328, div. A, title VI, § 618(h)(1), Dec. 23, 2016, 130 Stat. 2160.)