§ 310. Special pay: duty subject to hostile fire or imminent danger

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(a)Eligibility.— Under regulations prescribed by the Secretary of Defense, a member of a uniformed service may be paid special pay under subsection

(b)for any day or portion of a day in which—

(1)the member was entitled to basic pay or compensation under section 204 or 206 of this title; and

(2)the member—

(A)was subject to hostile fire or explosion of hostile mines;

(B)was on duty in an area in which the member was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period the member was on duty in the area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines;

(C)was killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or

(D)was on duty in a foreign area in which the member was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.

(b)Special Pay Amount.—

(1)Except as provided in paragraph (2), the amount of special pay authorized by subsection

(a)for qualifying service during a day or portion of a day shall be the amount equal to 1/30th of the maximum monthly amount of special pay payable to a member as specified in paragraph (3).

(2)In the case of a member who is exposed to hostile fire or a hostile mine explosion event in or for a day or portion of a day, the Secretary concerned may, at the election of the Secretary, pay the member special pay under subsection

(a)for such service in an amount not to exceed the maximum monthly amount of special pay payable to a member as specified in paragraph (3).

(3)The maximum monthly amount of special pay payable to a member under this subsection for any month is $225.

(c)Continuation During Hospitalization.—

(1)A member described in paragraph

(2)may be paid special pay under this section for any day (or portion of a day) of not more than three additional months during which the member is hospitalized as described in such paragraph.

(2)Paragraph

(1)applies with respect to a member who—

(A)is injured or wounded under the circumstances described in subsection (a)(2)(C) and is hospitalized for the treatment of the injury or wound; or

(B)while in the line of duty, incurs a wound, injury, or illness in a combat operation or combat zone designated by the Secretary of Defense and is hospitalized outside of the theater of the combat operation or the combat zone for the treatment of the wound, injury, or illness.

(d)Limitations and Administration.—

(1)In the case of an area described in subparagraph

(B)or

(D)of subsection (a)(2), the Secretary of Defense shall be responsible for designating the period during which duty in the area will qualify members for special pay under this section. The effective date designated for the commencement of such a period may be a date occurring before, on, or after the actual date on which the Secretary makes the designation. If the commencement date for such a period is a date occurring before the date on which the Secretary makes the designation, the payment of special pay under this section for the period between the commencement date and the date on which the Secretary makes the designation shall be subject to the availability of appropriated funds for that purpose.

(2)A member may not be paid more than one special pay under this section for any day. A member may be paid special pay under this section in addition to any other pay and allowances to which he may be entitled.

(e)Determinations of Fact.— Any determination of fact that is made in administering this section is conclusive. Such a determination may not be reviewed by any other officer or agency of the United States unless there has been fraud or gross negligence. However, the determination may be changed on the basis of new evidence or for other good cause.

(Added Pub. L. 88–132, § 9(a)(1), Oct. 2, 1963, 77 Stat. 216; amended Pub. L. 89–132, § 4, Aug. 21, 1965, 79 Stat. 547; Pub. L. 98–94, title IX, § 905(a), (b)(1), Sept. 24, 1983, 97 Stat. 636, 637; Pub. L. 99–145, title VI, § 638(a), Nov. 8, 1985, 99 Stat. 649; Pub. L. 101–510, div. A, title XIII, § 1322(c)(6), Nov. 5, 1990, 104 Stat. 1672; Pub. L. 102–190, div. A, title VI, §§ 611(a), 613, Dec. 5, 1991, 105 Stat. 1376, 1377; Pub. L. 105–261, div. A, title VI, § 621, Oct. 17, 1998, 112 Stat. 2042;

Pub. L. 108–11, title I, § 1316(a), (c)(2), Apr. 16, 2003, 117 Stat. 570; Pub. L. 108–136, div. A, title VI, §§ 618(a), (b), (d)(2), 619, Nov. 24, 2003, 117 Stat. 1503, 1504; Pub. L. 108–375, div. A, title VI, § 623(a), Oct. 28, 2004, 118 Stat. 1955; Pub. L. 109–163, div. A, title VI, §§ 636, 642(b), Jan. 6, 2006, 119 Stat. 3300, 3306; Pub. L. 111–84, div. A, title VI, § 618(a), Oct. 28, 2009, 123 Stat. 2355; Pub. L. 112–81, div. A, title VI, § 616(a), Dec. 31, 2011, 125 Stat. 1451;

Pub. L. 112–239, div. A, title X, § 1076(h)(1), Jan. 2, 2013, 126 Stat. 1955.)

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