§ 204. — Entitlement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC204]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 3--BASIC PAY
Sec. 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) 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 when he appears at the place of company rendezvous. However,
this subsection does not authorize any expenditure before arriving at
the place of rendezvous that is not authorized by law to be paid after
arrival at that place.
(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,
Sec. 506(4), Dec. 12, 1980, 94 Stat. 2919; Pub. L. 98-94, title X,
Sec. 1012(b), Sept. 24, 1983, 97 Stat. 665; Pub. L. 99-433, title V,
Sec. 531(b), Oct. 1, 1986, 100 Stat. 1063; Pub. L. 99-661, div. A, title
VI, Sec. 604(b), Nov. 14, 1986, 100 Stat. 3875; Pub. L. 100-456, div. A,
title VI, Sec. 631(a), (b), Sept. 29, 1988, 102 Stat. 1984, 1985; Pub.
L. 102-25, title VII, Sec. 701(b)(1), (c), Apr. 6, 1991, 105 Stat. 117;
Pub. L. 103-337, div. A, title XVI, Sec. 1676(b)(1), Oct. 5, 1994, 108
Stat. 3019; Pub. L. 104-106, div. A, title VII, Sec. 702(c), Feb. 10,
1996, 110 Stat. 371; Pub. L. 105-85, div. A, title V, Sec. 513(f), Nov.
18, 1997, 111 Stat. 1732; Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 665(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-168; Pub. L. 107-107,
div. A, title V, Sec. 513(d), Dec. 28, 2001, 115 Stat. 1093; Pub. L.
107-296, title XVII, Sec. 1704(c), Nov. 25, 2002, 116 Stat. 2314.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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204(a)................................ 37:232(d) (1st sentence, less Oct. 12, 1949, ch. 681, Sec.
provisos). 201(d), 63 Stat. 807; redesignated
204(b)................................ 37:232(d) (1st proviso of 1st as ``(d)'' by Mar. 31, 1955, ch.
sentence). 20, Sec. 2(2), 69 Stat. 19; Aug.
204(c)................................ 37:232(d) (2d proviso of 1st 10, 1956, ch. 1041, Sec. 20(a),
sentence). 70A Stat. 627; May 20, 1958, Pub.
204(d)................................ 37:232(d) (last proviso of 1st L. 85-422, Sec. 1(4), 72 Stat.
sentence). 124.
204(e)................................ 37:232(d) (less 1st sentence).
204(f)................................ 37:308a. Dec. 20, 1886, ch. 2, 24 Stat. 351;
June 2, 1950, ch. 217, Sec. 2, 64
Stat. 195.
204(g)................................ 10:3687 (as applicable to pay and [None.]
allowances).
10:8687 (as applicable to pay and [None.]
allowances).
204(h)................................ 32:318 (as applicable to pay and [None.]
allowances).
204(i)................................ 10:6148(a) (as applicable to pay [None.]
and allowances).
10:6148(b) (as applicable to pay [None.]
and allowances).
----------------------------------------------------------------------------------------------------------------
[The citations to section 232(d) of existing title 37, above, are to
the language of subsection (d) set forth in the codification note under
section 232, rather than that erroneously set forth in the text of the
section.]
In subsection (a), the last 27 words are substituted for the words
``or performance of the duties provided for by sections 5, 81, 94, 97
and 99 of the National Defense Act, as amended,'' to reflect the current
citations. So much of the introductory clause as follows the exception
is substituted for the 36 words preceding 1st proviso of 1st sentence of
section 232(d) of existing title 37. The words ``on the active list''
are omitted as covered by the words ``active duty'' as defined in
section 101(18) of this revised title. The words ``(provided for or
authorized in the National Defense Act, as amended, or in the Naval
Reserve Act of 1938, as amended)'' are omitted as covered by the words
``provided by law''.
In subsection (b), the words ``For the purposes of subsection (a)''
are inserted for clarity. The words ``active duty for a period of more
than 30 days'' are substituted for the words ``extended active duty in
excess of thirty days''. The words ``call or'' are inserted to conform
to the words ``called or''.
In subsection (c), the words ``and allowances'' are omitted, since,
under chapter 7 of this revised title, entitlement to allowances depends
upon entitlement to basic pay. The last sentence is substituted for the
last 38 words of the 2d proviso of the 1st sentence of section 232(d) of
existing title 37.
In subsection (d), the words ``for the purposes of this section''
are substituted for the words ``and which entitles them to receive basic
pay . . . in the service of the United States''. The words ``pursuant to
this section'' are omitted as surplusage.
In subsection (e), the words ``or active duty for training'' are
omitted as covered by the words ``active duty'' as defined in section
101(18) of this revised title.
In subsection (f), the words ``is appointed'' are substituted for
the words ``has been or may be commissioned''. The words ``under the
laws appointing such graduates to the Army'' and the last 16 words of
section 308a of existing title 37 are omitted as surplusage. The words
``to the date of his acceptance of and qualification under his
commission'' are omitted, since the member concerned would continue to
be entitled to basic pay after that acceptance and qualification. The
words ``or the United States Naval Academy'' are inserted to reflect
section 541 of title 10, under which graduates of that Academy may be
appointed in the Army or the Air Force.
In subsection (i), the inclusion of the Coast Guard Reserve is based
on the authority contained in section 755(c) of title 14.
Amendments
2002--Subsec. (i)(4)(B). Pub. L. 107-296 substituted ``of Homeland
Security'' for ``of Transportation''.
2001--Subsecs. (g)(1)(D), (h)(1)(D). Pub. L. 107-107 struck out ``,
if the site is outside reasonable commuting distance from the member's
residence'' before semicolon.
2000--Subsec. (g)(1)(E). Pub. L. 106-398, Sec. 1 [[div. A], title
VI, Sec. 665(a)(1)], added subpar. (E).
Subsec. (h)(1)(E). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 665(a)(2)], added subpar. (E).
1997--Subsecs. (g)(1)(D), (h)(1)(D). Pub. L. 105-85 inserted ``while
remaining overnight immediately before the commencement of inactive-duty
training, or'' after ``in line of duty''.
1996--Subsec. (g)(1)(D). Pub. L. 104-106, Sec. 702(c)(1), added
subpar. (D).
Subsec. (h)(1)(D). Pub. L. 104-106, Sec. 702(c)(2), added subpar.
(D).
1994--Subsec. (a)(2). Pub. L. 103-337 substituted ``10302, 10305,
10502, or 12402'' for ``3021, 3496, 3541, 8021, 8496, or 8541''.
1991--Subsec. (b). Pub. L. 102-25 struck out ``of this section''
after ``subsection (a)''.
1988--Subsec. (g). Pub. L. 100-456, Sec. 631(a), amended subsec. (g)
generally. Prior to amendment, subsec. (g) read as follows: ``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--
``(1) is called or ordered to active duty for a period of more
than 30 days; and
``(2) is physically disabled in line of duty from injury,
illness, or disease.''
Subsec. (h). Pub. L. 100-456, Sec. 631(a), amended subsec. (h)
generally, substituting pars. (1) and (2) for former pars. (1) to (5).
Subsecs. (i), (j). Pub. L. 100-456, Sec. 631(b), added subsec. (i)
and redesignated former subsec. (i) as (j).
1986--Subsec. (a)(2). Pub. L. 99-433 substituted ``3021'' and
``8021'' for ``3033'' and ``8033'', respectively.
Subsec. (g). Pub. L. 99-661, Sec. 604(b)(1), amended subsec. (g)
generally. Prior to amendment, subsec. (g) read as follows: ``A member
of the Army or the Air Force (other than of the Regular Army or the
Regular Air Force) is entitled to the pay and allowances provided by law
or regulation for a member of the Regular Army or the Regular Air Force,
as the case may be, of corresponding grade and length of service,
whenever--
``(1) he is called or ordered to active duty (other than for
training under section 270(b) of title 10) for a period of more than
30 days, and is disabled in line of duty from disease while so
employed; or
``(2) he is called or ordered to active duty, or to perform
inactive-duty training, for any period of time, and is disabled in
line of duty from injury while so employed.''
Subsec. (h). Pub. L. 99-661, Sec. 604(b)(1), amended subsec. (h)
generally. Prior to amendment, subsec. (h) read as follows: ``A member
of the National Guard is entitled to the pay and allowances provided by
law or regulation for a member of the Regular Army or the Regular Air
Force, as the case may be, of corresponding grade and length of service,
whenever he is called or ordered to perform training under section 502,
503, 504, or 505 of title 32--
``(1) for a period of more than 30 days, and is disabled in line
of duty from disease while so employed; or
``(2) for any period of time, and is disabled in line of duty
from injury while so employed.''
Subsecs. (i), (j). Pub. L. 99-661, Sec. 604(b)(2), (3), redesignated
subsec. (j) as (i) and struck out former subsec. (i) which read as
follows: ``A member of the Naval Reserve, Fleet Reserve, Marine Corps
Reserve, Fleet Marine Corps Reserve, or Coast Guard Reserve is entitled
to the pay and allowances provided by law or regulation for a member of
the Regular Navy, Regular Marine Corps, or Regular Coast Guard, as the
case may be, of corresponding grade and length of service, under the
same conditions as those described in clauses (1) and (2) of subsection
(g) of this section.''
1983--Subsec. (j). Pub. L. 98-94 added subsec. (j).
1980--Subsec. (a). Pub. L. 96-513 substituted ``The following
persons'' for ``Except for members covered by section 202(i) of this
title, the following persons''.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-296 effective on the date of transfer of
the Coast Guard to the Department of Homeland Security, see section
1704(g) of Pub. L. 107-296, set out as a note under section 101 of Title
10, Armed Forces.
Effective Date of 2000 Amendment
Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 665(c)(1)], Oct.
30, 2000, 114 Stat. 1654, 1654A-169, provided that: ``The amendments
made by subsection (a) [amending this section] shall apply with respect
to months beginning on or after the date of the enactment of this Act
[Oct. 30, 2000].''
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as
otherwise provided, see section 1691 of Pub. L. 103-337, set out as an
Effective Date note under section 10001 of Title 10, Armed Forces.
Effective Date of 1988 Amendment
Section 631(d) of Pub. L. 100-456 provided that: ``The amendments
made by this section [amending this section and section 206 of this
title] shall apply with respect to persons who, after the date of
enactment of this Act [Sept. 29, 1988], incur or aggravate an injury,
illness, or disease, or who die as the result of incurring or
aggravating an injury, illness, or disease.''
Effective Date of 1983 Amendment
Amendment by Pub. L. 98-94 applicable only in cases of injuries
incurred or aggravated on or after Sept. 24, 1983, see section 1012(c)
of Pub. L. 98-94, set out as an Effective Date note under section 1074a
of Title 10, Armed Forces.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section
701 of Pub. L. 96-513, set out as a note under section 101 of Title 10,
Armed Forces.
Section Referred to in Other Sections
This section is referred to in sections 206, 301, 301a, 304, 307,
316, 320, 402, 411h, 421, 707 of this title; title 5 sections 4102,
8334, 8422, 8440e; title 22 section 4045; title 50 section 2082.
