37 U.S.C. § 310 — Special pay: duty subject to hostile fire or imminent danger

submitted 63 years ago by Pub. L. 88-132 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 695 words · no verdicts yet

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Service members may get extra pay for days they face hostile fire, hostile mines, or serious danger from war, terrorism, or civil conflict abroad. The maximum is $225 a month. Pay can continue up to three extra months while a member is hospitalized for a related injury.

(a) Eligibility. Under Defense Department rules, a member of a uniformed service can get this special pay for any day they earned basic pay and one of these applied: they were exposed to hostile fire or a hostile mine explosion; they were on duty somewhere so dangerous that other members nearby faced hostile fire or mine explosions during that time; they were killed, injured, or wounded by hostile fire, a hostile mine, or other hostile action; or they were on duty in a foreign area facing physical harm from civil war, insurrection, terrorism, or wartime conditions. (b) Special Pay Amount. Normally, a member gets 1/30th of the maximum monthly amount for each qualifying day. But if a member is hit by hostile fire or a mine explosion on a given day, the Secretary concerned may instead pay them the full maximum monthly amount for that one day. The maximum monthly amount under this section is $225. (c) Continuation During Hospitalization. A member can keep getting this pay for up to three extra months while hospitalized, if they were wounded under the hostile-action circumstances in (a) and are being treated for it, or if they got a combat-related wound, injury, or illness in the line of duty and are hospitalized outside the combat zone for treatment. (d) Limitations and Administration. For duty in a dangerous foreign area (under (a)(2)(B) or (D)), the Secretary of Defense decides the exact period that qualifies for this pay — and that period can start before, on, or after the date the Secretary actually makes the decision. If the period starts before the decision date, paying for that gap depends on whether money has been appropriated for it. A member can't get more than one payment under this section per day, but can still get it along with other pay and allowances. (e) Determinations of Fact. Any factual decision made in running this program is final. No other officer or agency can review it unless there was fraud or serious carelessness — though it can still be changed based on new evidence or other good reason.

the actual law source: uscode.house.gov ↗public domain

(a)Eligibility.—

Under regulations prescribed by the Secretary of Defense, a member of a uniformed service may be paid special pay under subsection (b) for any day or portion of a day in which—

(1)

the member was entitled to basic pay or compensation under section 204 or 206 of this title; and

(2)

the member—

(A)

was subject to hostile fire or explosion of hostile mines;

(B)

was on duty in an area in which the member was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period the member was on duty in the area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines;

(C)

was killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or

(D)

was on duty in a foreign area in which the member was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.

(b)Special Pay Amount.—

(1)

Except as provided in paragraph (2), the amount of special pay authorized by subsection (a) for qualifying service during a day or portion of a day shall be the amount equal to 1/30th of the maximum monthly amount of special pay payable to a member as specified in paragraph (3).

(2)

In the case of a member who is exposed to hostile fire or a hostile mine explosion event in or for a day or portion of a day, the Secretary concerned may, at the election of the Secretary, pay the member special pay under subsection (a) for such service in an amount not to exceed the maximum monthly amount of special pay payable to a member as specified in paragraph (3).

(3)

The maximum monthly amount of special pay payable to a member under this subsection for any month is $225.

(c)Continuation During Hospitalization.—

(1)

A member described in paragraph (2) may be paid special pay under this section for any day (or portion of a day) of not more than three additional months during which the member is hospitalized as described in such paragraph.

(2)

Paragraph (1) applies with respect to a member who—

(A)

is injured or wounded under the circumstances described in subsection (a)(2)(C) and is hospitalized for the treatment of the injury or wound; or

(B)

while in the line of duty, incurs a wound, injury, or illness in a combat operation or combat zone designated by the Secretary of Defense and is hospitalized outside of the theater of the combat operation or the combat zone for the treatment of the wound, injury, or illness.

(d)Limitations and Administration.—

(1)

In the case of an area described in subparagraph (B) or (D) of subsection (a)(2), the Secretary of Defense shall be responsible for designating the period during which duty in the area will qualify members for special pay under this section. The effective date designated for the commencement of such a period may be a date occurring before, on, or after the actual date on which the Secretary makes the designation. If the commencement date for such a period is a date occurring before the date on which the Secretary makes the designation, the payment of special pay under this section for the period between the commencement date and the date on which the Secretary makes the designation shall be subject to the availability of appropriated funds for that purpose.

(2)

A member may not be paid more than one special pay under this section for any day. A member may be paid special pay under this section in addition to any other pay and allowances to which he may be entitled.

(e)Determinations of Fact.—

Any determination of fact that is made in administering this section is conclusive. Such a determination may not be reviewed by any other officer or agency of the United States unless there has been fraud or gross negligence. However, the determination may be changed on the basis of new evidence or for other good cause.

Source credit: (Added Pub. L. 88–132, § 9(a)(1), Oct. 2, 1963, 77 Stat. 216; amended Pub. L. 89–132, § 4, Aug. 21, 1965, 79 Stat. 547; Pub. L. 98–94, title IX, § 905(a), (b)(1), Sept. 24, 1983, 97 Stat. 636, 637; Pub. L. 99–145, title VI, § 638(a), Nov. 8, 1985, 99 Stat. 649; Pub. L. 101–510, div. A, title XIII, § 1322(c)(6), Nov. 5, 1990, 104 Stat. 1672; Pub. L. 102–190, div. A, title VI, §§ 611(a), 613, Dec. 5, 1991, 105 Stat. 1376, 1377; Pub. L. 105–261, div. A, title VI, § 621, Oct. 17, 1998, 112 Stat. 2042; Pub. L. 108–11, title I, § 1316(a), (c)(2), Apr. 16, 2003, 117 Stat. 570; Pub. L. 108–136, div. A, title VI, §§ 618(a), (b), (d)(2), 619, Nov. 24, 2003, 117 Stat. 1503, 1504; Pub. L. 108–375, div. A, title VI, § 623(a), Oct. 28, 2004, 118 Stat. 1955; Pub. L. 109–163, div. A, title VI, §§ 636, 642(b), Jan. 6, 2006, 119 Stat. 3300, 3306; Pub. L. 111–84, div. A, title VI, § 618(a), Oct. 28, 2009, 123 Stat. 2355; Pub. L. 112–81, div. A, title VI, § 616(a), Dec. 31, 2011, 125 Stat. 1451; Pub. L. 112–239, div. A, title X, § 1076(h)(1), Jan. 2, 2013, 126 Stat. 1955.)

history & why it existsrecord from the source credit

1963Enacted · Pub. L. 88-132 · 77 Stat. 216
1965Amended · Pub. L. 89-132 · 79 Stat. 547
1983Amended · Pub. L. 98-94 · 97 Stat. 636, 637
1985Amended · Pub. L. 99-145 · 99 Stat. 649
1990Amended · Pub. L. 101-510 · 104 Stat. 1672
1991Amended · Pub. L. 102-190 · 105 Stat. 1376, 1377
1998Amended · Pub. L. 105-261 · 112 Stat. 2042
2003Amended · Pub. L. 108-11 · 117 Stat. 570
2003Amended · Pub. L. 108-136 · 117 Stat. 1503, 1504
2004Amended · Pub. L. 108-375 · 118 Stat. 1955
2006Amended · Pub. L. 109-163 · 119 Stat. 3300, 3306
2009Amended · Pub. L. 111-84 · 123 Stat. 2355
2011Amended · Pub. L. 112-81 · 125 Stat. 1451
2013Amended · Pub. L. 112-239 · 126 Stat. 1955

A history note hasn’t been published yet. The record shows enactment by Pub. L. 88-132 on 1963-10-02.

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