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37 U.S.C. § 204Entitlement

submitted 64 years ago by Pub. L. 87-649 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 1,414 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law says who's entitled to military base pay, and when. It covers active duty, National Guard training, cadets, and disabled reservists. It also limits how much extra pay disabled reservists can get, and for how long.

(a) These people get base pay for their pay grade, based on years of service under section 205: (1) a uniformed-service member on active duty; and (2) a uniformed-service member, or a National Guard member who isn't an Army or Air Force Reserve, doing full-time training or duty under specific listed statutes. (b) Under presidential regulations, travel time counts as active duty: for a member called to active duty for more than 30 days, the time it takes to travel from home to their first duty station, and from their last duty station back home. (c)(1) A National Guard member called into federal service for 30 days or less gets base pay starting from the day they contact their unit — in person, by phone, or electronically. (2) This doesn't authorize pay for any time before the unit actually receives that contact. (3) The Army and Air Force Secretaries must write regulations to carry this out for their respective Guards. (d) Full-time National Guard training or duty counts as active duty for purposes of this section. (e) A payment owed to a member for leaving active duty, or for traveling home afterward, can be paid before they actually leave — whether or not they end up making the trip. If the member gets this payment but dies before it would otherwise have been paid, the government can't take any of it back. (f) A cadet or midshipman who graduates and becomes a second lieutenant in the Army or Air Force starts getting O-1 base pay on their graduation date. (g)(1) A reserve-component member (or a Space Force member in active status, not on sustained duty) who becomes physically disabled gets the same pay and allowances as a corresponding regular-component member, if the disability happened or got worse: (A) in the line of duty during active duty; (B) in the line of duty during inactive-duty training (with some exceptions for correspondence courses or schooling); (C) while traveling directly to or from that duty or training; (D) in the line of duty while staying overnight around inactive-duty training; or (E) in the line of duty while doing funeral honors duty, traveling to or from it, or staying overnight nearby beforehand if it's too far to commute. (2) If the member also earns income from a civilian job or self-employment in a month they're getting this pay, their total pay and allowances get reduced by that income. Income from an income-protection plan, vacation pay, or sick leave the member chooses to take also counts. (h)(1) A reserve-component member who's physically able to do military duty can request part of the pay and allowances a regular-component member of the same grade and service length would get, for each month they show a loss of civilian earned income because of a disabling injury, illness, or disease that happened under the same line-of-duty circumstances listed in (g)(1)(A)-(E). (2) The monthly amount can't exceed the member's proven loss of civilian income. The same income sources from (g)(2) count here too. (i)(1) Total pay under (g), (h), and compensation under section 206(a) can't exceed what a regular-component member of the same grade and service would get for that period. (2) Pay under (g) or (h) can't run more than six months, though the relevant Secretary can extend it if fairness requires. (3) A member isn't entitled to (g) or (h) benefits if their injury or illness resulted from their own gross negligence or misconduct. (4) Procedures for paying (g) and (h) benefits must be set by the Secretary of Defense for the armed forces, and by the Secretary of Homeland Security for the Coast Guard when it's not part of the Navy. (j) A member entitled to medical or dental care under section 1074a of title 10 also gets travel and transportation allowances (or a cash allowance instead) for necessary travel connected to that care, and to get home after treatment ends.
the actual law source: uscode.house.gov ↗public domain
(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, or a member of the Space Force in space force active status not on sustained duty, 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, or a member of the Space Force in space force active status not on sustained duty, 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.

Source credit: (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; Pub. L. 119–60, div. A, title VI, § 601(b)(2), Dec. 18, 2025, 139 Stat. 901.)

history & why it existsrecord from the source credit
  • 1962Enacted · Pub. L. 87-649 · 76 Stat. 457
  • 1980Amended · Pub. L. 96-513 · 94 Stat. 2919
  • 1983Amended · Pub. L. 98-94 · 97 Stat. 665
  • 1986Amended · Pub. L. 99-433 · 100 Stat. 1063
  • 1986Amended · Pub. L. 99-661 · 100 Stat. 3875
  • 1988Amended · Pub. L. 100-456 · 102 Stat. 1984, 1985
  • 1991Amended · Pub. L. 102-25 · 105 Stat. 117
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 3019
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 371
  • 1997Amended · Pub. L. 105-85 · 111 Stat. 1732
  • 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
  • 2001Amended · Pub. L. 107-107 · 115 Stat. 1093
  • 2002Amended · Pub. L. 107-296 · 116 Stat. 2314
  • 2013Amended · Pub. L. 113-66 · 127 Stat. 779
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 901

A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-649 on 1962-09-07.

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