§ 308. — Special pay: reenlistment bonus.
[Laws in effect as of January 24, 2002]
[Document affected by Public Law 6 Section )]
[CITE: 37USC308]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 308. Special pay: reenlistment bonus
(a)(1) 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 fourteen 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;
(C) is not receiving special pay under section 312a of this
title; and
(D) 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).\1\
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\1\ So in original. The period probably should be a semicolon.
may be paid a bonus as provided in paragraph (2).
(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, not to
exceed six.
(B) $60,000.
(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 16 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.
(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)(1) A member who voluntarily, or because of his misconduct, does
not complete the term of enlistment for which a bonus was paid to him
under this section or a member who is not technically qualified in the
skill for which a bonus was paid to him under this section (other than a
member who is not qualified because of injury, illness, or other
impairment not the result of his own misconduct) shall refund that
percentage of the bonus that the unexpired part of his additional
obligated service is of the total reenlistment or extension period for
which the bonus was paid.
(2) If a refund is not required under paragraph (1) in the case of a
member who fails to complete a term of enlistment, the Secretary of
Defense with respect to the armed forces under the Secretary's
jurisdiction, and the Secretary of Homeland Security with respect to the
Coast Guard when it is not operating as a service in the Navy, may
decline to make any payment of a bonus installment under this section
that is due to be paid to the member after the date on which the member
fails to complete the term of enlistment for which the bonus is being
paid. The Secretary of Defense and the Secretary of Homeland Security
may prescribe the circumstances under which bonus installments may be
terminated under this paragraph.
(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, 2003.
(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 467; Pub. L. 89-132, Sec. 3,
Aug. 21, 1965, 79 Stat. 547; Pub. L. 90-623, Sec. 3(1), Oct. 22, 1968,
82 Stat. 1314; Pub. L. 93-277, Sec. 2(1), May 10, 1974, 88 Stat. 119;
Pub. L. 95-57, Sec. 1, June 29, 1977, 91 Stat. 253; Pub. L. 95-485,
title VIII, Sec. 802(a)(1), (b), Oct. 20, 1978, 92 Stat. 1619; Pub. L.
96-342, title VIII, Sec. 804(a), Sept. 8, 1980, 94 Stat. 1092; Pub. L.
96-579, Sec. 3(f), Dec. 23, 1980, 94 Stat. 3364; Pub. L. 97-60, title I,
Sec. 117(a), Oct. 14, 1981, 95 Stat. 996; Pub. L. 97-276, title I,
Sec. 131, Oct. 2, 1982, 96 Stat. 1197; Pub. L. 97-377, title I,
Sec. 101(c) [title VII, Sec. 798], Dec. 21, 1982, 96 Stat. 1833, 1865;
Pub. L. 98-14, Sec. 1, Mar. 30, 1983, 97 Stat. 55; Pub. L. 98-525, title
VI, Sec. 621, Oct. 19, 1984, 98 Stat. 2540; Pub. L. 99-145, title VI,
Sec. 631(a), Nov. 8, 1985, 99 Stat. 643; Pub. L. 100-180, div. A, title
VI, Secs. 625(a), 626(a), Dec. 4, 1987, 101 Stat. 1104; Pub. L. 101-189,
div. A, title VI, Sec. 611(a), Nov. 29, 1989, 103 Stat. 1445; Pub. L.
101-510, div. A, title VI, Sec. 615(a), Nov. 5, 1990, 104 Stat. 1578;
Pub. L. 102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat.
117; Pub. L. 102-484, div. A, title VI, Sec. 612(a), Oct. 23, 1992, 106
Stat. 2421; Pub. L. 103-160, div. A, title VI, Sec. 613(b), Nov. 30,
1993, 107 Stat. 1681; Pub. L. 103-337, div. A, title VI, Sec. 613(b),
Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104-106, div. A, title VI,
Sec. 613(b), Feb. 10, 1996, 110 Stat. 359; Pub. L. 104-201, div. A,
title VI, Sec. 613(b), Sept. 23, 1996, 110 Stat. 2544; Pub. L. 105-85,
div. A, title VI, Sec. 613(b), Nov. 18, 1997, 111 Stat. 1786; Pub. L.
105-261, div. A, title VI, Secs. 613(b), 618, 619, Oct. 17, 1998, 112
Stat. 2039, 2042; Pub. L. 106-65, div. A, title VI, Secs. 613(b),
618(a), (b), Oct. 5, 1999, 113 Stat. 650, 652; Pub. L. 106-398, Sec. 1
[[div. A], title VI, Sec. 623(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-
152; Pub. L. 107-107, div. A, title VI, Sec. 614(b), Dec. 28, 2001, 115
Stat. 1136; Pub. L. 107-296, title XVII, Sec. 1704(c), Nov. 25, 2002,
116 Stat. 2314; Pub. L. 107-314, div. A, title VI, Sec. 614(b), Dec. 2,
2002, 116 Stat. 2568.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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308(a)................................ 37:239(a). Oct. 12, 1949, ch. 681, Sec. 208;
37:239(e). added July 16, 1954, ch. 535, Sec.
308(b)................................ 37:239(b). 2, 68 Stat. 488; July 25, 1961,
308(c)................................ 37:239(c). Pub. L. 87-103, Sec. 1 (as
308(d)................................ 37:239(d). applicable to Sec. 208), 75 Stat.
308(e)................................ 37:239(f). 219.
308(f)................................ 37:239(g).
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In subsection (a), the words ``reenlists . . . after . . .
compulsory or voluntary active duty or who voluntarily extends his
enlistment for at least two years'' are substituted for the words
``reenlists . . . after . . . active duty'' and section 239(e) of
existing title 37. The words ``(other than for training)'' are inserted,
since the source statute has been consistently interpreted to exclude
that kind of duty. The words ``or release'' are inserted in column 1 of
the table and in footnotes 2, 4, and 5 to conform to the introductory
language preceding the tables.
In subsection (b), the words ``a total of'' are omitted as
surplusage.
Amendments
2002--Subsecs. (a)(1)(B), (d)(2), (f). Pub. L. 107-296 substituted
``of Homeland Security'' for ``of Transportation'' wherever appearing.
Subsec. (g). Pub. L. 107-314 substituted ``December 31, 2003'' for
``December 31, 2002''.
2001--Subsec. (g). Pub. L. 107-107 substituted ``December 31, 2002''
for ``December 31, 2001''.
2000--Subsec. (g). Pub. L. 106-398 substituted ``December 31, 2001''
for ``December 31, 2000''.
1999--Subsec. (a)(1)(A). Pub. L. 106-65, Sec. 618(a), substituted
``17 months'' for ``twenty-one months''.
Subsec. (a)(2)(A)(i). Pub. L. 106-65, Sec. 618(b)(1), substituted
``15'' for ``ten''.
Subsec. (a)(2)(B). Pub. L. 106-65, Sec. 618(b)(2), substituted
``$60,000'' for ``$45,000''.
Subsec. (g). Pub. L. 106-65, Sec. 613(b), substituted ``December 31,
2000'' for ``December 31, 1999''.
1998--Subsec. (a)(1)(D). Pub. L. 105-261, Sec. 618, amended subpar.
(D) generally. Prior to amendment, subpar. (D) read as follows:
``reenlists or voluntarily extends his enlistment in a regular component
of the service concerned for a period of at least three years;''.
Subsec. (b). Pub. L. 105-261, Sec. 619, designated par. (1) as
entire subsec. and struck out par. (2) which read as follows: ``Of the
bonuses paid under this section to members of a uniformed service during
a fiscal year, not more than 10 percent may exceed $20,000.''
Subsec. (g). Pub. L. 105-261, Sec. 613(b), substituted ``December
31, 1999'' for ``September 30, 1999''.
1997--Subsec. (g). Pub. L. 105-85 substituted ``September 30, 1999''
for ``September 30, 1998''.
1996--Subsec. (g). Pub. L. 104-201 substituted ``September 30,
1998'' for ``September 30, 1997''.
Pub. L. 104-106 substituted ``September 30, 1997'' for ``September
30, 1996''.
1994--Subsec. (g). Pub. L. 103-337 substituted ``September 30,
1996'' for ``September 30, 1995''.
1993--Subsec. (g). Pub. L. 103-160 substituted ``September 30,
1995'' for ``September 30, 1993''.
1992--Subsec. (g). Pub. L. 102-484 substituted ``September 30,
1993'' for ``September 30, 1992''.
1991--Subsec. (c). Pub. L. 102-25 struck out ``of this section''
after ``subsection (a)''.
1990--Subsec. (d). Pub. L. 101-510 designated existing provisions as
par. (1) and added par. (2).
1989--Subsec. (a)(1). Pub. L. 101-189, Sec. 611(a)(1), substituted
``may be paid a bonus as provided in paragraph (2)'' for ``may be paid a
bonus, not to exceed six months of the basic pay to which he was
entitled at the time of his discharge or release, multiplied by the
number of years, or the monthly fractions thereof, of additional
obligated service, not to exceed six years, or $30,000, whichever is the
lesser amount. Obligated service in excess of sixteen years will not be
used for bonus computation''.
Subsec. (a)(2), (3). Pub. L. 101-189, Sec. 611(a)(3), added pars.
(2) and (3). Former par. (2) redesignated (4).
Subsec. (a)(4). Pub. L. 101-189, Sec. 611(a)(2), redesignated former
par. (2) as (4) and struck out ``of this subsection'' after ``paragraph
(1)(B)''.
1987--Subsec. (b)(1). Pub. L. 100-180, Sec. 625(a), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ``Not less than
75 percent of the amount of a bonus under this section shall be paid in
a lump sum at the beginning of the period for which the bonus is paid,
with any remaining amount paid in equal annual installments.''
Subsec. (g). Pub. L. 100-180, Sec. 626(a), substituted ``September
30, 1992'' for ``September 30, 1987''.
1985--Subsec. (b)(1). Pub. L. 99-145 amended par. (1) generally.
Prior to amendment, par. (1) read as follows: ``Bonus payments
authorized under this section may be paid in either a lump sum or in
installments.''
1984--Subsec. (a)(1). Pub. L. 98-525, Sec. 621(b)(1), substituted
``$30,000'' for ``$20,000'' in provisions following subpar. (D).
Subsec. (b). Pub. L. 98-525, Sec. 621(b)(2), designated existing
provisions as par. (1) and added par. (2).
Subsec. (g). Pub. L. 98-525, Sec. 621(a), substituted ``September
30, 1987'' for ``September 30, 1984''.
1983--Subsec. (g). Pub. L. 98-14 substituted ``September 30, 1984''
for ``March 31, 1983''.
1982--Subsec. (g). Pub. L. 97-377 substituted ``March 31, 1983'' for
``December 17, 1982''.
Pub. L. 97-276 substituted ``December 17, 1982'' for ``September 30,
1982''. Notwithstanding directory language that amendment be made to
section 308(g) of ``title 35, United States Code'', amendment was
executed to this section as the probable intent of Congress.
1981--Subsec. (e). Pub. L. 97-60 inserted provision that 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 be considered as part of an immediately
subsequent term of reenlistment (or as part of an immediately subsequent
voluntary extension of an enlistment) and substituted ``Secretary
concerned'' for ``Secretary of the Navy'' as authority authorized to
prescribe regulations.
1980--Subsec. (a)(1). Pub. L. 96-342, Sec. 804(a)(1), substituted
``fourteen years'' for ``ten years'' in subpar. (A) and, in provisions
following subpar. (D), substituted ``$20,000'' for ``$15,000'' and
``sixteen years'' for ``twelve years''.
Subsec. (e). Pub. L. 96-579 added subsec. (e). Former subsec. (e)
redesignated (f).
Subsec. (f). Pub. L. 96-579 redesignated former subsec. (e) as (f).
Former subsec. (f) redesignated (g).
Pub. L. 96-342, Sec. 804(a)(2), substituted ``September 30, 1982''
for ``September 30, 1980''.
Subsec. (g). Pub. L. 96-579 redesignated former subsec. (f) as (g).
1978--Subsec. (a). Pub. L. 95-485, Sec. 802(a)(1), designated
existing provision as par. (1) and existing pars. (1) to (4) thereof as
subpars. (A) to (D), in subpar. (B) as so redesignated, substituted
``qualified in a military skill designated as critical'' for
``designated as having a critical military skill'', and added par. (2).
Subsec. (f). Pub. L. 95-485, Sec. 802(b), substituted ``September
30, 1980'' for ``September 30, 1978''.
1977--Subsec. (d). Pub. L. 95-57, Sec. 1(a), substituted ``or a
member who is not technically qualified in the skill for which a bonus
was paid to him under this section (other than a member who is not
qualified because of injury, illness, or other impairment not the result
of his own misconduct) shall refund that percentage of the bonus, that
the unexpired part of his additional obligated service is of the total
reenlistment or extension period for which the bonus was paid'' for
``shall refund that percentage of the bonus that the unexpired part of
his enlistment is of the total enlistment period for which the bonus was
paid''.
Subsec. (f). Pub. L. 95-57, Sec. 1(b), substituted ``September 30,
1978'' for ``June 30, 1977''.
1974--Pub. L. 93-277 amended section generally.
1968--Subsecs. (e), (g). Pub. L. 90-623 substituted ``Secretary of
Transportation'' for ``Secretary of the Treasury''.
1965--Subsec. (g). Pub. L. 89-132 added subsec. (g).
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 1999 Amendment
Pub. L. 106-65, div. A, title VI, Sec. 618(c), Oct. 5, 1999, 113
Stat. 652, provided that: ``The amendments made by subsections (a) and
(b) [amending this section] shall take effect on October 1, 1999, and
shall apply with respect to reenlistments and extensions of enlistments
taking effect on or after that date.''
Effective Date of 1993 Amendment
Section 613(h)(1) of Pub. L. 103-160 provided that: ``The amendments
made by subsections (b) and (c) [amending this section and section 308a
of this title] shall take effect as of September 30, 1993, and shall
apply with respect to an enlistment, reenlistment, or extension of an
enlistment described in section 308 or 308a of title 37, United States
Code, occurring on or after that date.''
Effective Date of 1990 Amendment
Section 615(b) of Pub. L. 101-510 provided that: ``The amendment
made by subsection (a) [amending this section] shall apply with respect
to any bonus paid under section 308 of title 37, United States Code, to
a person in connection with the reenlistment or extension of the term of
enlistment of the person in the Armed Forces on or after the date of the
enactment of this Act [Nov. 5, 1990].''
Effective Date of 1989 Amendment
Section 611(b) of Pub. L. 101-189 provided that: ``The amendments
made by this section [amending this section] shall apply with respect to
reenlistment and extension of enlistment agreements entered into under
section 308(a) of title 37, United States Code, after September 30,
1989.''
Effective Date of 1987 Amendment
Section 625(b) of Pub. L. 100-180 provided that: ``The amendment
made by subsection (a) [amending this section] shall apply with respect
to bonuses paid for reenlistment or extension of enlistment agreements
entered into after September 30, 1987.''
Effective Date of 1985 Amendment
Section 631(b) of Pub. L. 99-145 provided that: ``The amendment made
by subsection (a) [amending this section] shall apply with respect to
bonuses paid for reenlistments or extensions of enlistment effective
after September 30, 1986.''
Effective Date of 1981 Amendment
Section 117(d) of Pub. L. 97-60 provided that: ``The amendments made
by this section [enacting section 308f of this title and amending this
section and section 308a of this title] shall apply to enlistments and
reenlistments after the date of enactment of this Act [Oct. 14, 1981].''
Effective Date of 1980 Amendments
Section 804(c) of Pub. L. 96-342 provided that: ``The amendments
made by this section [amending this section and section 308a of this
title] shall only apply to enlistments, reenlistments, and extensions of
enlistments made after September 30, 1980.''
Amendment by Pub. L. 96-579 effective Jan. 1, 1981, see section 3(g)
of Pub. L. 96-579, set out as an Effective Date note under section 301c
of this title.
Effective Date of 1978 Amendment
Section 802(a)(2) of Pub. L. 95-485 provided that: ``The amendments
made by paragraph (12) [amending this section] shall take effect on
October 1, 1978.''
Effective Date of 1977 Amendment
Section 3 of Pub. L. 95-57 provided that: ``The amendments made by
this Act [amending this section and section 308a of this title] shall
become effective on July 1, 1977.''
Effective Date of 1974 Amendment
Section 4 of Pub. L. 93-277 provided that: ``The amendments made by
this Act [amending this section and section 308a of this title and
enacting provisions set out below] become effective on the first day of
the month following the date of enactment [May 10, 1974].''
Effective Date of 1968 Amendment
Amendment by Pub. L. 90-623 intended to restate without substantive
change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-
623, set out as a note under section 5334 of Title 5, Government
Organization and Employees.
Effective Date of 1965 Amendment
Amendment by Pub. L. 89-132 effective Sept. 1, 1965, see section 10
of Pub. L. 89-132, set out as a note under section 203 of this title.
Coverage of Period of Lapsed Authority
For provisions relating to coverage of period of lapsed authority
from Oct. 1, 1992, to Oct. 23, 1992, for payment of bonuses or other
special pay under this section, see section 612(j)(2) of Pub. L. 102-
484, set out as a note under section 301b of this title.
Section 626(c) of Pub. L. 100-180 provided that:
``(1) The Secretary concerned, in the case of any person who during
the period beginning on October 1, 1987, and ending on the date of the
enactment of this Act [Dec. 4, 1987] would have qualified for an
agreement with the Secretary described in paragraph (2) but for the fact
that the authority for the payment of bonuses provided by that section
had lapsed, shall pay to that person a bonus under the terms of the
appropriate section specified in that paragraph (and related
regulations) as in effect on September 30, 1987.
``(2) An agreement referred to in paragraph (1) is an agreement with
the Secretary for the payment of a bonus under section 308, 308a, 308b,
308c, 308e, 308f, 308g, 308h, or 308i of title 37, United States Code.''
Cost Reductions for Fiscal Year 1987; Selective Reimbursement Bonus
Pub. L. 99-661, div. A, title VI, Sec. 663(a), Nov. 14, 1986, 100
Stat. 3894, provided that: ``During fiscal year 1987, the Secretary
concerned may not pay more than 50 percent of an amount paid to any
person under section 308 of title 37, United States Code, in a lump
sum.''.
Optional Choice of Reenlistment Bonus
Section 3 of Pub. L. 93-277 provided that: ``Notwithstanding section
308 of title 37, United States Code, as amended by this Act, a member of
a uniformed service on active duty on the effective date of this Act,
who would have been eligible, at the end of his current or subsequent
enlistment, for the reenlistment bonus prescribed in section 308(a) or
(d) of that title, as it existed on the day before the effective date of
this Act, shall continue to be eligible for the reenlistment bonus under
that section as it existed on the day before the effective date of this
act. If a member is also eligible for the reenlistment bonus prescribed
in that section as amended by this Act, he may elect to receive either
one of those reenlistment bonuses. However, a member's eligibility under
section 308(a) or (d) of that title, as it existed on the day before the
effective date of this Act, terminates when he has received a total of
$2,000 in reenlistment bonus payments, received under either section
308(a) or (d) of that title as it existed on the day before the
effective date of this Act, or under section 308 of that title, as
amended by this Act, or from a combination of both.''
Section Referred to in Other Sections
This section is referred to in section 312a of this title.
