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37 U.S.C. § 308 — Special pay: reenlistment bonus

submitted 64 years ago by Pub. L. 87-649 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 805 words · no verdicts yet

in plain englishAI-generated · not legal advice

Service members who reenlist for at least three years in a critical skill can get a reenlistment bonus, capped at $90,000 or 15 times their monthly pay times years reenlisted, whichever is less. Members who don't finish their term or aren't properly qualified must repay the bonus. This bonus authority ended for enlistments after 2018.

(a) (1) The Secretary concerned may pay a bonus to a member who: (A) has served at least 17 months of continuous active duty (not counting training), but not more than 20 years of active duty total; (B) works in a skill the Secretary of Defense (or, for the Coast Guard outside the Navy, the Secretary of Homeland Security) has named critical; and (C) reenlists or voluntarily extends their enlistment for at least three years, either (i) in the regular armed forces, or (ii) in a reserve component while performing full-time Guard and Reserve duty. (2) The bonus cannot be more than the smaller of: (A) 15 times the member's monthly basic pay rate at discharge or release, multiplied by the number of years (or fraction of a year) in the reenlistment or extension; or (B) $90,000. (3) When figuring the bonus under (2)(A), don't count any part of the reenlistment or extension that would push the member's total service past 24 years. (4) A member who agrees to train and reenlist for a skill that's critical at the time of the agreement can still get the bonus set for that skill -- at the rate from the agreement -- even if the skill is no longer critical by the time the member finishes training and becomes eligible for payment. (5) The Secretary of Defense may waive the critical-skill requirement in (1)(B) for a member who reenlists or extends while serving on active duty in Afghanistan, Iraq, or Kuwait in support of Operation Enduring Freedom or Operation Iraqi Freedom. (b) The bonus can be paid as a lump sum or in installments. If paid in installments, the first payment must be at least half the total bonus. (c) For an officer who had prior enlisted service and qualifies for a bonus, use the monthly basic pay of the officer's old enlisted grade -- figured using the officer's years of service under section 205 -- instead of the officer's basic pay at release as an officer. (d) A member who doesn't finish the enlistment term the bonus was paid for, or who turns out not to be properly qualified in that skill, must repay the money under section 303a(e). (e) When deciding eligibility and computing the bonus amount, the Secretary may -- under regulations -- treat certain periods as part of the very next reenlistment or extension: (1) time added to an enlistment only to keep qualifying for continuous submarine duty incentive pay under section 301c, for which no bonus was otherwise payable; or (2) an unserved period of two years or less from an extension for which no bonus was paid or payable. (f) The Secretary of Defense writes the rules for the armed forces under their authority, and the Secretary of Homeland Security writes them for the Coast Guard when it isn't part of the Navy. (g) No bonus could be paid under this section for a reenlistment or extension entered into after December 31, 2018.
the actual law source: uscode.house.gov ↗public domain
(a)
(1)

The Secretary concerned may pay a bonus under paragraph (2) to a member of a uniformed service who—

(A)

has completed at least 17 months of continuous active duty (other than for training) but not more than 20 years of active duty;

(B)

is qualified in a military skill designated as critical by the Secretary of Defense, or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as service in the Navy; and

(C)

reenlists or voluntarily extends the member’s enlistment for a period of at least three years—

(i)

in a regular component of the service concerned; or

(ii)

in a reserve component of the service concerned, if the member is performing active Guard and Reserve duty (as defined in section 101(d)(6) of title 10).

(2)

The bonus to be paid under paragraph (1) may not exceed the lesser of the following amounts:

(A)

The amount equal to the product of—

(i)

15 times the monthly rate of basic pay to which the member was entitled at the time of the discharge or release of the member; and

(ii)

the number of years (or the monthly fractions thereof) of the term of reenlistment or extension of enlistment.

(B)

$90,000.

(3)

Any portion of a term of reenlistment or extension of enlistment of a member that, when added to the total years of service of the member at the time of discharge or release, exceeds 24 years may not be used in computing a bonus under paragraph (2)(A).

(4)

Notwithstanding paragraph (1)(B), a member who agrees to train and reenlist for service in a military skill which, at the time of that agreement, is designated as critical, may be paid the bonus approved for that skill, at the rate in effect at the time of agreement, upon completion of training and qualification in that skill, if otherwise qualified under this subsection and even if that skill is no longer designated as critical at the time the member becomes eligible for payment of the bonus.

(5)

The Secretary of Defense may waive the eligibility requirement in paragraph (1)(B) in the case of a reenlistment or voluntary extension of enlistment by a member of the armed forces that is entered into as described in this subsection while the member is serving on active duty in Afghanistan, Iraq, or Kuwait in support of Operation Enduring Freedom or Operation Iraqi Freedom.

(b)

Bonus payments authorized under this section may be paid in either a lump sum or in installments. If the bonus is paid in installments, the initial payment shall be not less than 50 percent of the total bonus amount.

(c)

For the purpose of computing the reenlistment bonus in the case of an officer with prior enlisted service who may be entitled to a bonus under subsection (a), the monthly basic pay of the grade in which he is enlisted, computed in accordance with his years of service computed under section 205 of this title, shall be used instead of the monthly basic pay to which he was entitled at the time of his release from active duty as an officer.

(d)

A member who does not complete the term of enlistment for which a bonus was paid to the member under this section, or a member who is not technically qualified in the skill for which a bonus was paid to the member under this section, shall be subject to the repayment provisions of section 303a(e) of this title.

(e)

For the purposes of determining the eligibility of a member for a bonus under this section and of computing the amount of that bonus—

(1)

any period of enlistment (including any extension of an enlistment) (A) that is incurred by the member for the purpose of continuing to qualify for continuous submarine duty incentive pay under section 301c of this title, and (B) for which no bonus is otherwise payable; or

(2)

any unserved period of two years or less of an extension of an enlistment for which no bonus has been paid or for which no bonus is otherwise payable under this section,

may, under regulations prescribed by the Secretary concerned, be considered as part of an immediately subsequent term of reenlistment (or as part of an immediately subsequent voluntary extension of an enlistment).

(f)

This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction, and by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy.

(g)

No bonus shall be paid under this section with respect to any reenlistment, or voluntary extension of an active-duty enlistment, in the armed forces entered into after December 31, 2018.

Source credit: (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 467; Pub. L. 89–132, § 3, Aug. 21, 1965, 79 Stat. 547; Pub. L. 90–623, § 3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 93–277, § 2(1), May 10, 1974, 88 Stat. 119; Pub. L. 95–57, § 1, June 29, 1977, 91 Stat. 253; Pub. L. 95–485, title VIII, § 802(a)(1), (b), Oct. 20, 1978, 92 Stat. 1619; Pub. L. 96–342, title VIII, § 804(a), Sept. 8, 1980, 94 Stat. 1092; Pub. L. 96–579, § 3(f), Dec. 23, 1980, 94 Stat. 3364; Pub. L. 97–60, title I, § 117(a), Oct. 14, 1981, 95 Stat. 996; Pub. L. 97–276, title I, § 131, Oct. 2, 1982, 96 Stat. 1197; Pub. L. 97–377, title I, § 101(c) [title VII, § 798], Dec. 21, 1982, 96 Stat. 1833, 1865; Pub. L. 98–14, § 1, Mar. 30, 1983, 97 Stat. 55; Pub. L. 98–525, title VI, § 621, Oct. 19, 1984, 98 Stat. 2540; Pub. L. 99–145, title VI, § 631(a), Nov. 8, 1985, 99 Stat. 643; Pub. L. 100–180, div. A, title VI, §§ 625(a), 626(a), Dec. 4, 1987, 101 Stat. 1104; Pub. L. 101–189, div. A, title VI, § 611(a), Nov. 29, 1989, 103 Stat. 1445; Pub. L. 101–510, div. A, title VI, § 615(a), Nov. 5, 1990, 104 Stat. 1578; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–484, div. A, title VI, § 612(a), Oct. 23, 1992, 106 Stat. 2421; Pub. L. 103–160, div. A, title VI, § 613(b), Nov. 30, 1993, 107 Stat. 1681; Pub. L. 103–337, div. A, title VI, § 613(b), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104–106, div. A, title VI, § 613(b), Feb. 10, 1996, 110 Stat. 359; Pub. L. 104–201, div. A, title VI, § 613(b), Sept. 23, 1996, 110 Stat. 2544; Pub. L. 105–85, div. A, title VI, § 613(b), Nov. 18, 1997, 111 Stat. 1786; Pub. L. 105–261, div. A, title VI, §§ 613(b), 618, 619, Oct. 17, 1998, 112 Stat. 2039, 2042; Pub. L. 106–65, div. A, title VI, §§ 613(b), 618(a), (b), Oct. 5, 1999, 113 Stat. 650, 652; Pub. L. 106–398, § 1 [[div. A], title VI, § 623(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–152; Pub. L. 107–107, div. A, title VI, § 614(b), Dec. 28, 2001, 115 Stat. 1136; Pub. L. 107–296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title VI, § 614(b), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 108–136, div. A, title VI, §§ 614(b), 626(a), Nov. 24, 2003, 117 Stat. 1501, 1507; Pub. L. 108–375, div. A, title VI, §§ 614(c), 618(a), Oct. 28, 2004, 118 Stat. 1948, 1949; Pub. L. 109–163, div. A, title VI, §§ 624(c), 629(a)–(c), 687(b)(14), Jan. 6, 2006, 119 Stat. 3295, 3297, 3329; Pub. L. 109–364, div. A, title VI, § 614(c), Oct. 17, 2006, 120 Stat. 2248; Pub. L. 110–181, div. A, title VI, § 614(b), Jan. 28, 2008, 122 Stat. 149; Pub. L. 110–417, [div. A], title V, § 531(b), title VI, § 614(c), Oct. 14, 2008, 122 Stat. 4449, 4485; Pub. L. 111–84, div. A, title VI, § 615(3), title X, § 1073(b), Oct. 28, 2009, 123 Stat. 2354, 2474; Pub. L. 111–383, div. A, title VI, § 615(3), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, § 615(3), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, § 615(3), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, § 615(3), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113–291, div. A, title VI, § 615(3), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, § 615(3), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, § 615(3), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 115–91, div. A, title VI, § 615(3), Dec. 12, 2017, 131 Stat. 1423.)

history & why it existsrecord from the source credit
  • 1962Enacted · Pub. L. 87-649 · 76 Stat. 467
  • 1965Amended · Pub. L. 89-132 · 79 Stat. 547
  • 1968Amended · Pub. L. 90-623 · 82 Stat. 1314
  • 1974Amended · Pub. L. 93-277 · 88 Stat. 119
  • 1977Amended · Pub. L. 95-57 · 91 Stat. 253
  • 1978Amended · Pub. L. 95-485 · 92 Stat. 1619
  • 1980Amended · Pub. L. 96-342 · 94 Stat. 1092
  • 1980Amended · Pub. L. 96-579 · 94 Stat. 3364
  • 1981Amended · Pub. L. 97-60 · 95 Stat. 996
  • 1982Amended · Pub. L. 97-276 · 96 Stat. 1197
  • 1982Amended · Pub. L. 97-377 · 96 Stat. 1833, 1865
  • 1983Amended · Pub. L. 98-14 · 97 Stat. 55
  • 1984Amended · Pub. L. 98-525 · 98 Stat. 2540
  • 1985Amended · Pub. L. 99-145 · 99 Stat. 643
  • 1987Amended · Pub. L. 100-180 · 101 Stat. 1104
  • 1989Amended · Pub. L. 101-189 · 103 Stat. 1445
  • 1990Amended · Pub. L. 101-510 · 104 Stat. 1578
  • 1991Amended · Pub. L. 102-25 · 105 Stat. 117
  • 1992Amended · Pub. L. 102-484 · 106 Stat. 2421
  • 1993Amended · Pub. L. 103-160 · 107 Stat. 1681
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 2783
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 359
  • 1996Amended · Pub. L. 104-201 · 110 Stat. 2544
  • 1997Amended · Pub. L. 105-85 · 111 Stat. 1786
  • 1998Amended · Pub. L. 105-261 · 112 Stat. 2039, 2042
  • 1999Amended · Pub. L. 106-65 · 113 Stat. 650, 652
  • 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
  • 2001Amended · Pub. L. 107-107 · 115 Stat. 1136
  • 2002Amended · Pub. L. 107-296 · 116 Stat. 2314
  • 2002Amended · Pub. L. 107-314 · 116 Stat. 2568
  • 2003Amended · Pub. L. 108-136 · 117 Stat. 1501, 1507
  • 2004Amended · Pub. L. 108-375 · 118 Stat. 1948, 1949
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3295, 3297, 3329
  • 2006Amended · Pub. L. 109-364 · 120 Stat. 2248
  • 2008Amended · Pub. L. 110-181 · 122 Stat. 149
  • 2008Amended · Pub. L. 110-417 · 122 Stat. 4449, 4485
  • 2009Amended · Pub. L. 111-84 · 123 Stat. 2354, 2474
  • 2011Amended · Pub. L. 111-383 · 124 Stat. 4237
  • 2011Amended · Pub. L. 112-81 · 125 Stat. 1450
  • 2013Amended · Pub. L. 112-239 · 126 Stat. 1777
  • 2013Amended · Pub. L. 113-66 · 127 Stat. 781
  • 2014Amended · Pub. L. 113-291 · 128 Stat. 3401
  • 2015Amended · Pub. L. 114-92 · 129 Stat. 839
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2159
  • 2017Amended · Pub. L. 115-91 · 131 Stat. 1423

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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