§ 201. — Pay grades: assignment to; general rules.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC201]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 3--BASIC PAY
Sec. 201. Pay grades: assignment to; general rules
(a) 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:
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Navy, Coast Guard, and
Army, Air Force, National Oceanic and
Pay grade and Marine Corps Atmospheric Public Health Service
Administration
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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................................ Brigadier general.. Rear admiral (lower half) Assistant Surgeon General
having rank of brigadier
general.
O-6................................ Colonel............ Captain.................. Director grade.
O-5................................ Lieutenant colonel. Commander................ Senior grade.
O-4................................ Major.............. Lieutenant commander..... Full grade.
O-3................................ Captain............ Lieutenant............... Senior assistant grade.
O-2................................ 1st lieutenant..... Lieutenant (junior grade) Assistant grade.
O-1................................ 2d lieutenant...... Ensign................... Junior assistant grade.
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(b) 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 Naval 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.
(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 453; Pub. L. 88-132, Sec. 3(a),
Oct. 2, 1963, 77 Stat. 212; Pub. L. 89-718, Sec. 49(a)(1), Nov. 2, 1966,
80 Stat. 1121; Pub. L. 91-278, Sec. 3(1), June 12, 1970, 84 Stat. 306;
Pub. L. 95-79, title III, Sec. 302(a)(1), July 30, 1977, 91 Stat. 326;
Pub. L. 96-76, title III, Sec. 313(a), Sept. 29, 1979, 93 Stat. 586;
Pub. L. 96-513, title V, Secs. 506(3), 516(2), Dec. 12, 1980, 94 Stat.
2918, 2937; Pub. L. 97-86, title IV, Sec. 405(c), Dec. 1, 1981, 95 Stat.
1106; Pub. L. 98-94, title IX, Sec. 932(d), Sept. 24, 1983, 97 Stat.
650; Pub. L. 98-557, Sec. 25(b)(1), Oct. 30, 1984, 98 Stat. 2872; Pub.
L. 99-145, title V, Sec. 514(d)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L.
101-502, Sec. 5(k)(2), Nov. 3, 1990, 104 Stat. 1289; Pub. L. 102-25,
title VII, Sec. 701(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L.
102-190, div. A, title VI, Sec. 605, title XI, Sec. 1111(b), Dec. 5,
1991, 105 Stat. 1374, 1491.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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201(a)................................ 37:232(b). Oct. 12, 1949, ch. 681, Sec.
201(b); restated May 20, 1958,
Pub. L. 85-422, Sec. 1(2), 72
Stat. 124.
201(b)................................ 37:304 (as applicable to basic Oct. 12, 1949, ch. 681, Sec. 504
pay). (as applicable to basic pay), 63
Stat. 827.
201(c)................................ 37:308 (as applicable to pay). Oct. 12, 1949, ch. 681, Sec. 508
(as applicable to pay), 63 Stat.
828; May 19, 1952, ch. 310, Sec.
1(e), 66 Stat. 80; Mar. 31, 1955,
ch. 20, Sec. 2(14), 69 Stat. 22.
201(d)................................ 10:555(a) (as applicable to pay [None.]
grades).
201(e)................................ 37:232(e). Oct. 12, 1949, ch. 681, Sec.
201(e); added Mar. 31, 1955, ch.
20, Sec. 2(3), 69 Stat. 19.
201(f)................................ 10:6915(f). [None.]
14:758a(f). [None.]
201(g)................................ 37:232(c) (less last sentence). Oct. 12, 1949, ch. 681, Sec.
201(c) (less last sentence), 63
Stat. 807; redesignated as ``(c)''
by Mar. 31, 1955, ch. 20, Sec.
2(2), 69 Stat. 19; May 20, 1958,
Pub. L. 85-422, Sec. 1(3) (first
sentence), 72 Stat. 124.
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In subsection (a), the words ``whether under temporary or permanent
appointment'' are omitted as surplusage. The words ``the following pay
grades'' are substituted for the words ``the various pay grades
prescribed for commissioned officers by subsection (a) of this section,
as follows''. The words ``(other than a commissioned warrant officer)''
are inserted to conform to the definition of ``warrant officer'' in
section 101(13) of this revised title.
In subsection (b), the words ``with two or less years of service
computed under section 205 of this title'' are substituted for the word
``minimum''.
In subsections (c) and (e), the words ``with two or less years of
service computed under section 205 of this title'' are substituted for
the words ``with under two cumulative years' service'' and ``with under
two cumulative years of service'', in sections 308 and 232(e),
respectively, of existing title 37.
In subsection (e), the words ``enlisted or appointed under the Army
Aviation Cadet Act, as amended, or under the Naval Aviation Cadet Act of
1942, as amended'' are omitted as obsolete and surplusage. Both of the
cited acts were repealed by section 53 of the Act of August 10, 1956,
ch. 1041 (70A Stat. 641), and replaced by various sections of title 10.
Further reference is surplusage, however, since aviation cadets are not
appointed or enlisted under any provision of law other than the sections
of title 10 embodying the former Army Aviation Cadet Act and the Naval
Aviation Cadet Act of 1942. The word ``basic'' is inserted for clarity,
since the word ``pay'' as defined in section 101(21) of this revised
title includes special and incentive pays. Incentive pay for aviation
cadets is provided in section 301(b) of this revised title.
In subsection (f), the words ``While on active duty'', in section
6915(f) of title 10 and section 758a(f) of title 14, are omitted as
covered by section 204 of this title which prescribes the conditions
under which members of the uniformed services are entitled to basic pay.
The words ``Unless he is entitled to the basic pay of a higher pay
grade'' are substituted for the words ``or that of his grade, whichever
is greater'' in section 6915(f) of title 10 and section 758a(f) of title
14.
In subsection (g), the words ``Except as provided by subsections (e)
and (f)'' are inserted to reflect those subsections relating to enlisted
aviation cadets or aviation pilots.
Amendments
1991--Subsec. (b). Pub. L. 102-190, Sec. 1111(b), amended table
generally, adding provisions relating to Chief Warrant Officer at grade
W-5.
Subsec. (c). Pub. L. 102-190, Sec. 605, amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ``An
aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard is
entitled to monthly basic pay at the rate of 50 percent of the basic pay
of a commissioned officer in pay grade O-1 with two or less years of
service computed under section 205 of this title.''
Subsec. (e). Pub. L. 102-25 struck out ``of this section'' after
``subsections (c) and (d)''.
1990--Subsec. (a). Pub. L. 101-502 inserted ``Assistant Secretary
for Health'' in fourth column of table in pay grade O-10.
1985--Subsec. (a). Pub. L. 99-145 substituted ``Rear admiral (lower
half)'' for ``Commodore'' in third column of table in pay grade O-7.
1984--Subsec. (a). Pub. L. 98-557 substituted ``Rear admiral'' for
``Rear admiral (Navy) and Rear admiral (upper half)(Coast Guard and
National Oceanic and Atmospheric Administration)'' in third column of
table in pay grade O-8, and in pay grade O-7 substituted ``Commodore''
for ``Commodore (Navy) and Rear admiral (lower half) and commodore
(Coast Guard and National Oceanic and Atmospheric Administration''.
1983--Subsecs. (b) to (f). Pub. L. 98-94 struck out subsec. (b)
which related to basic pay for contract surgeons, redesignated subsecs.
(c) to (f) as (b) to (e), respectively, and in subsec. (e), as so
redesignated, substituted ``subsections (c) and (d)'' for ``subsections
(d) and (e)''.
1981--Subsec. (a). Pub. L. 97-86 substituted ``Commodore'' for
``Commodore admiral'' in third column of table in pay grade O-7.
1980--Subsec. (a). Pub. L. 96-513, Sec. 506(3), substituted in
heading of third column of table ``National Oceanic and Atmospheric
Administration'' for ``Environmental Science Services Administration''
and in third column ``Rear admiral (Navy) and Rear admiral (upper half)
(Coast Guard and National Oceanic and Atmospheric Administration)'' for
``Rear admiral (upper half)'' and ``Commodore admiral (Navy) and Rear
admiral (lower half) and commodore (Coast Guard and National Oceanic and
Atmospheric Administration)'' for ``Rear admiral (lower half) and
commodore''.
Subsec. (f). Pub. L. 96-513, Sec. 516(2), substituted ``subsection
(d)'' for ``subsection (f)''.
1979--Subsec. (a). Pub. L. 96-76 transferred the Surgeon General
from pay grade O-8 to pay grade O-9 in fourth column of table.
1977--Subsecs. (c) to (g). Pub. L. 95-79 struck out subsec. (c)
which related to the monthly rate of pay of cadets and midshipmen at the
service academies, and redesignated subsecs. (d) to (g) as (c) to (f),
respectively.
1970--Subsec. (e). Pub. L. 91-278 entitled aviation cadets of Coast
Guard to basic pay rate.
1966--Subsec. (a). Pub. L. 89-718 substituted ``Environmental
Science Services Administration'' for ``Coast and Geodetic Survey'' in
heading of third column of table.
1963--Subsec. (b). Pub. L. 88-132 substituted ``O-3 with over four,
but not more than six,'' for ``O-2 with two or less''.
Effective Date of 1991 Amendment
Amendment by section 1111(b) of Pub. L. 102-190 effective Feb. 1,
1992, see section 1132 of Pub. L. 102-190, set out as a note under
section 521 of Title 10, Armed Forces.
Effective Date of 1990 Amendment
Section 5(k)(3) of Pub. L. 101-502 provided that: ``The amendments
made by paragraphs (1) and (2) [amending this section and section 207 of
Title 42, The Public Health and Welfare] shall take effect on the first
day of the month immediately following the month in which this Act was
enacted [November 1990].''
Effective Date of 1983 Amendment
Amendment by Pub. L. 98-94 effective Oct. 1, 1983, see section
932(f) of Pub. L. 98-94, set out as an Effective Date note under section
1091 of Title 10, Armed Forces.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-86 effective Sept. 15, 1981, see section
405(f) of Pub. L. 97-86, set out as a note under section 101 of Title
10, Armed Forces.
Effective Date of 1980 Amendment
Amendment by sections 506(3), 516(2) of Pub. L. 96-513 effective
Sept. 15, 1981, and Dec. 12, 1980, respectively, see section 701(a),
(b)(3) of Pub. L. 96-513, set out as a note under section 101 of Title
10, Armed Forces.
Effective Date of 1979 Amendment
Amendment by Pub. L. 96-76 effective Oct. 1, 1979, see section 314
of Pub. L. 96-76, set out as a note under section 206 of Title 42, The
Public Health Welfare.
Effective Date of 1963 Amendment
Section 14 of Pub. L. 88-132 provided that: ``This Act [see Short
Title of 1963 Amendment note set out under section 101 of this title]
becomes effective on October 1, 1963.''
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Functions of Public Health Service, Surgeon General of Public Health
Service, and all other officers and employees of Public Health Service,
and functions of all agencies of or in Public Health Service,
transferred to Secretary of Health, Education, and Welfare by Reorg.
Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set
out in the Appendix to Title 5, Government Organization and Employees.
Secretary of Health, Education, and Welfare redesignated Secretary of
Health and Human Services by section 3508(b) of Title 20, Education.
Section Referred to in Other Sections
This section is referred to in title 2 section 1602; title 10
section 571; title 18 section 207.
