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§ 901. —  Wartime pay of officer of armed force exercising command higher than his grade.



[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 37USC901]

 
         TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
 
              CHAPTER 17--MISCELLANEOUS RIGHTS AND BENEFITS
 
Sec. 901. Wartime pay of officer of armed force exercising 
        command higher than his grade
        
    In time of war, an officer of an armed force who is serving with 
troops operating against an enemy and who exercises, under assignment in 
orders issued by competent authority, a command above that pertaining to 
his grade, is entitled to the pay and allowances (not above that of pay 
grade O-7) appropriate to the command so exercised.

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 486.)

                                          Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
            Revised section                      Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
901...................................  37:235a.                             Apr. 26, 1898, ch. 191, Sec.  7
                                                                              (less last proviso), 30 Stat. 365.
----------------------------------------------------------------------------------------------------------------

    Applicability of the source law to the Air Force is based on 
Transfer Order No. 25(zzz), of the Secretary of Defense, dated October 
14, 1948. Its applicability, other than to the Army and the Air Force, 
is based upon an opinion of the Judge Advocate General of the Navy, JAG 
135: DDC; dmt.; 4229, dated July 29, 1960. The words ``(but not above 
that of pay grade O-7)'' are substituted for section 235a (proviso) of 
existing title 37.



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