§ 201. Pay grades: assignment to; general rules
2,037 words·~9 min read·
/usc/title-37/section-201A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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: Pay gradeArmy, Air Force, Marine Corps, and Space ForceNavy, Coast Guard, andNational Oceanic and Atmospheric AdministrationPublic Health Service O–10GeneralAdmiralAssistant Secretary for Health. O–9Lieutenant generalVice admiralSurgeon General. O–8Major generalRear admiralDeputy Surgeon General.Assistant Surgeon General having rank of major general. O–7Brigadier generalRear admiral (lower half)Assistant Surgeon General having rank of brigadier general. O–6ColonelCaptainDirector grade. O–5Lieutenant colonelCommanderSenior grade. O–4MajorLieutenant commanderFull grade. O–3CaptainLieutenantSenior assistant grade. O–21st lieutenantLieutenant (junior grade)Assistant grade. O–12d lieutenantEnsignJunior assistant grade.
(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 Navy 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, § 3(a), Oct. 2, 1963, 77 Stat. 212; Pub. L. 89–718, § 49(a)(1), Nov. 2, 1966, 80 Stat. 1121; Pub. L. 91–278, § 3(1), June 12, 1970, 84 Stat. 306; Pub. L. 95–79, title III, § 302(a)(1), July 30, 1977, 91 Stat. 326; Pub. L. 96–76, title III, § 313(a), Sept. 29, 1979, 93 Stat. 586; Pub. L. 96–513, title V, §§ 506(3), 516(2), Dec. 12, 1980, 94 Stat. 2918, 2937; Pub. L. 97–86, title IV, § 405(c), Dec. 1, 1981, 95 Stat. 1106;
Pub. L. 98–94, title IX, § 932(d), Sept. 24, 1983, 97 Stat. 650; Pub. L. 98–557, § 25(b)(1), Oct. 30, 1984, 98 Stat. 2872; Pub. L. 99–145, title V, § 514(d)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 101–502, § 5(k)(2), Nov. 3, 1990, 104 Stat. 1289; Pub. L. 102–25, title VII, § 701(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–190, div. A, title VI, § 605, title XI, § 1111(b), Dec. 5, 1991, 105 Stat. 1374, 1491; Pub. L. 109–163, div. A, title V, § 515(d)(1)(B), Jan. 6, 2006, 119 Stat. 3236;
Pub. L. 116–283, div. A, title IX, § 925(c), Jan. 1, 2021, 134 Stat. 3827; Pub. L. 119–60, div. A, title VI, § 601(b)(1), Dec. 18, 2025, 139 Stat. 901.)
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.
Connections58 cite this · traces to 13
Cited by 58 sections · top 46
U.S. Code
- § 201Definitions
- § 101Definitions
- § 207Restrictions on former officers, employees, and elected officials of the executive and legislative branches
- § 1602Definitions
- § 1701Management policies
- § 403Basic allowance for housing
- § 203Rates
- § 1311Dependency and indemnity compensation to a surviving spouse
- § 301Incentive pay: hazardous duty
- § 213aRights, benefits, privileges, and immunities for commissioned officers or beneficiaries; exercise of authority by Secretary or designee
- § 1401PRESERVATION OF TITLE TO SUNKEN MILITARY CRAFT AND ASSOCIATED CONTENTS.
- § 1401aAdjustment of retired pay and retainer pay to reflect changes in Consumer Price Index
- § 1091SENSE OF CONGRESS AND POLICY CONCERNING PERSONS DETAINED BY THE UNITED STATES.
- § 302Special pay: medical officers of the armed forces
- § 310Special pay: duty subject to hostile fire or imminent danger
- § 13103Persons required to file
- § 405Reports
- § 13104Contents of reports
- § 209Members of precommissioning programs
- § 1402PROHIBITIONS.
- § 207Grades, ranks, and titles of commissioned corps
- § 427Family separation allowance
- § 13105Filing of reports
- § 8323Officers: 20 years
- § 7361Computation of retired pay
- § 305Special pay: hardship duty pay
- § 2504Computation of retired pay
- § 8327Officers and enlisted members of the Navy Reserve and Marine Corps Reserve: 30 years; 20 years; retired pay
- § 9361Computation of retired pay
- § 8372Regular Navy and Regular Marine Corps; officers designated for limited duty: retirement for length of service or failures of selection for promotion; discharge for failures of selection for promotion; reversion to prior status; retired grade; retired pay
- § 8262Higher retired grade and pay for members who serve satisfactorily under temporary appointments
- § 8325Officers: retired grade and pay
- § 8326Enlisted members: 30 years
- § 8415Reserve student aviation pilots; reserve aviation pilots: appointments in commissioned grade
- § 8383Retired members: grade
statutes-at-large
- Public Law 88–647
- Public Law 91–278
- Public Law 101–502To amend the Public Health Service Act to extend various programs with respect to vaccine-preventable diseases
- Public Law 98–94To authorize appropriations for fiscal year 1984 for the Armed Forces for procurement, for research, development, test, and evaluation, and for operation and maintenance, to prescribe personnel strengths for such fiscal year for the Armed Forces and for civilian employees of the Department of Defens
Traces to 13 documents
U.S. Code
- Rates§ 203
- Special pay: special duty assignment pay for enlisted members§ 307
- Computation: service creditable§ 205
- Entitlement§ 204
- Authority to prescribe total strengths of officers on active duty and officer strengths in various categories§ 521
- Grades, ranks, and titles of commissioned corps§ 207
- SENSE OF CONGRESS AND POLICY CONCERNING PERSONS DETAINED BY THE UNITED STATES.§ 1091
- Definitions§ 101
- Assignment of officers§ 206
- Definitions§ 101
- Reorganization plan§ 542
- INSTITUTIONAL REFUNDS AND FEDERAL STUDENT LOAN FLEXIBILITY.§ 3508
64 references not yet in our index
- Pub. L. 87–649
- 76 Stat. 453
- Pub. L. 88–132, § 3(a)
- 77 Stat. 212
- Pub. L. 89–718, § 49(a)(1)
- 80 Stat. 1121
- Pub. L. 91–278, § 3(1)
- 84 Stat. 306
- Pub. L. 95–79, title III, § 302(a)(1)
- 91 Stat. 326
- Pub. L. 96–76, title III, § 313(a)
- 93 Stat. 586
- Pub. L. 96–513, title V
- 94 Stat. 2918
- Pub. L. 97–86, title IV, § 405(c)
- 95 Stat. 1106
- Pub. L. 98–94, title IX, § 932(d)
- 97 Stat. 650
- Pub. L. 98–557, § 25(b)(1)
- 98 Stat. 2872
- Pub. L. 99–145, title V, § 514(d)(1)
- 99 Stat. 629
- Pub. L. 101–502, § 5(k)(2)
- 104 Stat. 1289
- Pub. L. 102–25, title VII, § 701(b)(1)
- 105 Stat. 117
- Pub. L. 102–190, div. A, title VI, § 605
- 105 Stat. 1374
- Pub. L. 109–163, div. A, title V, § 515(d)(1)(B)
- 119 Stat. 3236
- 134 Stat. 3827
- Pub. L. 119–60, div. A, title VI, § 601(b)(1)
- 139 Stat. 901
- section 53 of the Act of August 10, 1956, ch. 1041
- 70A Stat. 641
- section 6915(f) of title 10
- section 758a(f) of title 14
- Pub. L. 119–60
- Pub. L. 109–163
- Pub. L. 102–190, § 1111(b)
+ 24 more
Citation graph
cites case law
§ 201
Pay grades: assignment to; general rules
U.S.C.×45
Fed. Reg.×9
Stat.×4
Pub. L.Pub. L. 87–649
Stat.76 Stat. 453
Pub. L.Pub. L. 88–132, § 3(a)
Cites 77 · showing 12Cited by 58 across 3 sources