§ 308. Special pay: reenlistment bonus
4,612 words·~21 min read·
/usc/title-37/section-308A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The Secretary concerned may pay a bonus under paragraph
(2)to 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 20 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; and
(C)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).
(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.
(B)$90,000.
(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 24 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.
(5)The Secretary of Defense may waive the eligibility requirement in paragraph (1)(B) in the case of a reenlistment or voluntary extension of enlistment by a member of the armed forces that is entered into as described in this subsection while the member is serving on active duty in Afghanistan, Iraq, or Kuwait in support of Operation Enduring Freedom or Operation Iraqi Freedom.
(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)A member who does not complete the term of enlistment for which a bonus was paid to the member under this section, or a member who is not technically qualified in the skill for which a bonus was paid to the member under this section, shall be subject to the repayment provisions of section 303a(e) of this title.
(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, 2018.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 467; Pub. L. 89–132, § 3, Aug. 21, 1965, 79 Stat. 547; Pub. L. 90–623, § 3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 93–277, § 2(1), May 10, 1974, 88 Stat. 119; Pub. L. 95–57, § 1, June 29, 1977, 91 Stat. 253; Pub. L. 95–485, title VIII, § 802(a)(1), (b), Oct. 20, 1978, 92 Stat. 1619; Pub. L. 96–342, title VIII, § 804(a), Sept. 8, 1980, 94 Stat. 1092; Pub. L. 96–579, § 3(f), Dec. 23, 1980, 94 Stat. 3364; Pub. L. 97–60, title I, § 117(a), Oct. 14, 1981, 95 Stat. 996;
Pub. L. 97–276, title I, § 131, Oct. 2, 1982, 96 Stat. 1197; Pub. L. 97–377, title I, § 101(c) [title VII, § 798], Dec. 21, 1982, 96 Stat. 1833, 1865; Pub. L. 98–14, § 1, Mar. 30, 1983, 97 Stat. 55; Pub. L. 98–525, title VI, § 621, Oct. 19, 1984, 98 Stat. 2540; Pub. L. 99–145, title VI, § 631(a), Nov. 8, 1985, 99 Stat. 643; Pub. L. 100–180, div. A, title VI, §§ 625(a), 626(a), Dec. 4, 1987, 101 Stat. 1104; Pub. L. 101–189, div. A, title VI, § 611(a), Nov. 29, 1989, 103 Stat. 1445;
Pub. L. 101–510, div. A, title VI, § 615(a), Nov. 5, 1990, 104 Stat. 1578; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–484, div. A, title VI, § 612(a), Oct. 23, 1992, 106 Stat. 2421; Pub. L. 103–160, div. A, title VI, § 613(b), Nov. 30, 1993, 107 Stat. 1681; Pub. L. 103–337, div. A, title VI, § 613(b), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104–106, div. A, title VI, § 613(b), Feb. 10, 1996, 110 Stat. 359; Pub. L. 104–201, div. A, title VI, § 613(b), Sept. 23, 1996, 110 Stat. 2544;
Pub. L. 105–85, div. A, title VI, § 613(b), Nov. 18, 1997, 111 Stat. 1786; Pub. L. 105–261, div. A, title VI, §§ 613(b), 618, 619, Oct. 17, 1998, 112 Stat. 2039, 2042; Pub. L. 106–65, div. A, title VI, §§ 613(b), 618(a), (b), Oct. 5, 1999, 113 Stat. 650, 652; Pub. L. 106–398, § 1 [[div. A], title VI, § 623(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–152; Pub. L. 107–107, div. A, title VI, § 614(b), Dec. 28, 2001, 115 Stat. 1136; Pub. L. 107–296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314;
Pub. L. 107–314, div. A, title VI, § 614(b), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 108–136, div. A, title VI, §§ 614(b), 626(a), Nov. 24, 2003, 117 Stat. 1501, 1507; Pub. L. 108–375, div. A, title VI, §§ 614(c), 618(a), Oct. 28, 2004, 118 Stat. 1948, 1949; Pub. L. 109–163, div. A, title VI, §§ 624(c), 629(a)–(c), 687(b)(14), Jan. 6, 2006, 119 Stat. 3295, 3297, 3329; Pub. L. 109–364, div. A, title VI, § 614(c), Oct. 17, 2006, 120 Stat. 2248; Pub. L. 110–181, div. A, title VI, § 614(b), Jan. 28, 2008, 122 Stat. 149;
Pub. L. 110–417, [div. A], title V, § 531(b), title VI, § 614(c), Oct. 14, 2008, 122 Stat. 4449, 4485; Pub. L. 111–84, div. A, title VI, § 615(3), title X, § 1073(b), Oct. 28, 2009, 123 Stat. 2354, 2474; Pub. L. 111–383, div. A, title VI, § 615(3), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, § 615(3), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, § 615(3), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, § 615(3), Dec. 26, 2013, 127 Stat. 781;
Pub. L. 113–291, div. A, title VI, § 615(3), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, § 615(3), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, § 615(3), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 115–91, div. A, title VI, § 615(3), Dec. 12, 2017, 131 Stat. 1423.)
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.
Connections32 cite this · traces to 18
Cited by 32 sections · top 24
U.S. Code
statutes-at-large
- Public Law 92–578
- Public Law 346
- Public Law 16
- Public Law 93–272
- Public Law 95–57To amend chapter 5 of title 37, United States Code, to extend the special pay provisions for reenlistment and enlistment bonuses, and for other purposes
- Public Law 96–342To authorize appropriations for fiscal year 1981 for procurement of aircraft, missiles, naval vessels, track combat vehicles, torpedoes, and other weapons and for research, development, test, and evaluation for the Armed Forces, to prescribe the authorized personnel strength for each active duty com
- Public Law 99–661To authorize appropriations for fiscal year 1987 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, to improve the defense acquisition pro
- Public Law 108–136To authorize appropriations for fiscal year 2004 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 99–145To authorize appropriations for military functions of the Department of Defense and to prescribe military personnel levels for the Department of Defense for fiscal year 1986, to revise and improve military compensation programs, to improve defense procurement procedures, to authorize appropriations
- Public Law 97–276
- Public Law 98–525To authorize appropriations for military functions of the Department of Defense and to prescribe military personnel levels for the Department of Defense for fiscal year 1985, to revise and improve defense procurement, compensation, and management programs, to establish new defense educational assist
- Public Law 101–510To authorize appropriations for fiscal year 1991 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 101–189To authorize appropriations for fiscal years 1990 and 1991 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal years for the Armed Forces, and for other purposes
- Public Law 95–485To authorize appropriations for fiscal year 1979 for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons and for research, development, test and evaluation for the Armed Forces, to prescribe the authorized personnel strength for each active duty co
- Public Law 97–60To increase the pay and allowances of members of the uniformed services, and for other purposes
- Public Law 106–65To authorize appropriations for fiscal year 2000 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 96–579To amend title 37, United States Code, to improve certain special pay and allowance benefits for members of the uniformed services, and for other purposes
- Public Law 100–180To authorize appropriations for fiscal years 1988 and 1989 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal years for the Armed Forces, and for other purposes
- Public Law 108–375To authorize appropriations for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
Traces to 18 documents
U.S. Code
- Definitions§ 101
- Computation: service creditable§ 205
- Special pay: general provisions§ 303a
- Incentive pay: submarine duty§ 301c
- Repealed. Pub. L. 109–163, div. A, title VI, § 629(d)(1), Jan. 6, 2006, 119 Stat. 3297]§ 312a
- Financial assistance: nurse officer candidates§ 2130a
- Special pay: reenlistment bonus§ 308
- Repealed. Pub. L. 106–398, § 1 [[div. A], title VI, § 624(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–153]§ 308a
- Repealed. Pub. L. 106–398, § 1 [[div. A], title VI, § 624(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–153]§ 308f
- Rate on change of position or type of appointment; regulations§ 5334
- Rates§ 203
- Enlistment incentives for pursuit of skills to facilitate national service§ 510
- Special pay: aviation career officers extending period of active duty§ 301b
public-private-law
- National Defense Authorization Act for Fiscal Year 2014Public Law 113-66
- Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015Public Law 113-291
- National Defense Authorization Act for Fiscal Year 2016Public Law 114-92
- National Defense Authorization Act for Fiscal Year 2017Public Law 114-328
- National Defense Authorization Act for Fiscal Year 2018Public Law 115-91
180 references not yet in our index
- Pub. L. 87–649
- 76 Stat. 467
- Pub. L. 89–132, § 3
- 79 Stat. 547
- Pub. L. 90–623, § 3(1)
- 82 Stat. 1314
- Pub. L. 93–277, § 2(1)
- 88 Stat. 119
- Pub. L. 95–57, § 1
- 91 Stat. 253
- Pub. L. 95–485, title VIII, § 802(a)(1)
- 92 Stat. 1619
- Pub. L. 96–342, title VIII, § 804(a)
- 94 Stat. 1092
- Pub. L. 96–579, § 3(f)
- 94 Stat. 3364
- Pub. L. 97–60, title I, § 117(a)
- 95 Stat. 996
- Pub. L. 97–276, title I, § 131
- 96 Stat. 1197
- Pub. L. 97–377, title I, § 101(c) [title VII, § 798]
- 96 Stat. 1833
- Pub. L. 98–14, § 1
- 97 Stat. 55
- Pub. L. 98–525, title VI, § 621
- 98 Stat. 2540
- Pub. L. 99–145, title VI, § 631(a)
- 99 Stat. 643
- Pub. L. 100–180, div. A, title VI
- 101 Stat. 1104
- Pub. L. 101–189, div. A, title VI, § 611(a)
- 103 Stat. 1445
- Pub. L. 101–510, div. A, title VI, § 615(a)
- 104 Stat. 1578
- Pub. L. 102–25, title VII, § 702(b)(1)
- 105 Stat. 117
- Pub. L. 102–484, div. A, title VI, § 612(a)
- 106 Stat. 2421
- Pub. L. 103–160, div. A, title VI, § 613(b)
- 107 Stat. 1681
+ 140 more
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§ 308
Special pay: reenlistment bonus
Stat.×23
U.S.C.×8
Fed. Reg.×1
Pub. L.Pub. L. 87–649
Stat.76 Stat. 467
Pub. L.Pub. L. 89–132, § 3
Cites 198 · showing 12Cited by 32 across 3 sources