US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 1413a

Combat-related special compensation

(a)

Authority .—

The Secretary concerned shall pay to each eligible combat-related disabled uniformed services retiree who elects benefits under this section a monthly amount for the combat-related disability of the retiree determined under subsection (b).
(b)

Amount.—

(1)

Determination of monthly amount .—

Subject to paragraphs (2) and (3), the monthly amount to be paid an eligible combat-related disabled uniformed services retiree under subsection (a) for any month is the amount of compensation to which the retiree is entitled under title 38 for that month, determined without regard to any disability of the retiree that is not a combat-related disability.
(2)

Maximum amount .—

The amount paid to an eligible combat-related disabled uniformed services retiree for any month under paragraph (1) may not exceed the amount of the reduction in retired pay that is applicable to the retiree for that month under sections 5304 and 5305 of title 38.
(3)

Special rules for chapterdisability retirees 61 .—

(A)

General rule .—

In the case of an eligible combat-related disabled uniformed services retiree who is retired under chapter 61 of this title, the amount of the payment under paragraph (1) for any month may not, when combined with the amount of retired pay payable to the retiree after any such reduction under sections 5304 and 5305 of title 38, cause the total of such combined payment to exceed the amount of retired pay to which the member would have been entitled under any other provision of law based upon the member’s service in the uniformed services if the member had not been retired under chapter 61 of this title.
(B)

Special rule for retirees with fewer than 20 years of service .—

section 1409(b) of this titleIn the case of an eligible combat-related disabled uniformed services retiree who is retired under chapter 61 of this title with fewer than 20 years of creditable service, the amount of the payment under paragraph (1) for any month may not, when combined with the amount of retired pay payable to the retiree after any such reduction under sections 5304 and 5305 of title 38, cause the total of such combined payment to exceed the amount equal to the retired pay percentage (determined for the member under ) of the member’s years of creditable service multiplied by the member’s retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.
(c)

Eligible Retirees .—

For purposes of this section, an eligible combat-related disabled uniformed services retiree referred to in subsection (a) is a member of the uniformed services who—
(1)
section 12731b of this title is entitled to retired pay (other than by reason of ); and
(2)
has a combat-related disability.
(d)

Procedures .—

The Secretary of Defense shall prescribe procedures and criteria under which a disabled uniformed services retiree may apply to the Secretary of a military department to be considered to be an eligible combat-related disabled uniformed services retiree. Such procedures shall apply uniformly throughout the Department of Defense.
(e)

Combat-Related Disability .—

In this section, the term “combat-related disability” means a disability that is compensable under the laws administered by the Secretary of Veterans Affairs and that—
(1)
is attributable to an injury for which the member was awarded the Purple Heart; or
(2)
was incurred (as determined under criteria prescribed by the Secretary of Defense)—
(A)
as a direct result of armed conflict;
(B)
while engaged in hazardous service;
(C)
in the performance of duty under conditions simulating war; or
(D)
through an instrumentality of war.
(f)

Coordination With Concurrent Receipt Provision .—

section 1414 of this titleSubsection (d) of provides for coordination between benefits under that section and under this section.
(g)

Status of Payments .—

Payments under this section are not retired pay.
(h)

Source of Payments .—

Payments under this section for a member of the Army, Navy, Air Force, Marine Corps, or Space Force shall be paid from the Department of Defense Military Retirement Fund. Payments under this section for any other member for any fiscal year shall be paid out of funds appropriated for pay and allowances payable by the Secretary concerned for that fiscal year.
(i)

Other Definitions .—

In this section:
(1)
section 101 of title 38 The term “service-connected” has the meaning given such term in .
(2)
The term “retired pay” includes retainer pay, emergency officers’ retirement pay, and naval pension.

Pub. L. 107–314, div. A, title VI, § 636(a)(1)116 Stat. 2574Pub. L. 108–136, div. A, title VI117 Stat. 1514Pub. L. 110–181, div. A, title VI, § 641(a)122 Stat. 156Pub. L. 112–239, div. A, title VI, § 643(a)126 Stat. 1783Pub. L. 113–76, div. C, title X, § 10001(b)(1)128 Stat. 151Pub. L. 114–92, div. A, title VI, § 631(d)(2)129 Stat. 845Pub. L. 114–328, div. A, title VI, § 634(a)130 Stat. 2163Pub. L. 116–283, div. A, title IX, § 924(b)(3)(X)134 Stat. 3821(Added , , ; amended , §§ 641(c)(1), 642(a)–(e)(1), , , 1516, 1517; , (b), , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 116–2832021—Subsec. (h). substituted “Marine Corps, or Space Force” for “or Marine Corps”.

Pub. L. 114–328section 1409(b) of this title2016—Subsec. (b)(3)(B). substituted “the retired pay percentage (determined for the member under )” for “2½ percent”.

Pub. L. 114–92, § 631(d)(2)Pub. L. 113–76, § 10001(b)(1)2015—Subsec. (b)(3). , which was approved , provided that the amendments made by , which were effective , would not take effect. See 2014 Amendment notes below.

Pub. L. 113–76, § 10001(b)(1)(A)section 1401a(b) of this titlePub. L. 114–92, § 631(d)(2)2014—Subsec. (b)(3)(A). , which directed insertion of “, with adjustment under paragraph (2) of to which the member would have been entitled (but without the application of paragraph (4) of such section),” after “under any other provision of law”, did not take effect pursuant to . See 2015 Amendment note above.

Pub. L. 113–76, § 10001(b)(1)(B)section 1401a(b) of this titlePub. L. 114–92, § 631(d)(2)Subsec. (b)(3)(B). , which directed substitution of “with adjustment under paragraph (2) of to which the member would have been entitled (but without the application of paragraph (4) of such section), whichever is applicable to the member.” for “whichever is applicable to the member.”, did not take effect pursuant to . See 2015 Amendment note above.

Pub. L. 112–2392013—Subsec. (b)(3). substituted “may not, when combined with the amount of retired pay payable to the retiree after any such reduction under sections 5304 and 5305 of title 38, cause the total of such combined payment to exceed” for “shall be reduced by the amount (if any) by which the amount of the member’s retired pay under chapter 61 of this title exceeds” in subpars. (A) and (B).

Pub. L. 110–181, § 641(b)2008—Subsec. (b)(3). , designated existing text as subpar. (A), inserted heading, and added subpar. (B).

Pub. L. 110–181, § 641(a)Subsec. (c). , substituted “who—” for “entitled to retired pay who—” in introductory provisions, added pars. (1) and (2), and struck out former pars. (1) and (2) which read as follows:

section 12731 of this titlesection 12731b of this title“(1) has completed at least 20 years of service in the uniformed services that are creditable for purposes of computing the amount of retired pay to which the member is entitled or is entitled to retired pay under (other than by reason of ); and

“(2) has a combat-related disability.”

Pub. L. 108–136, § 642(e)(1)2003—, substituted “Combat-related special compensation” for “Special compensation for certain combat-related disabled uniformed services retirees” in section catchline.

Pub. L. 108–136, § 642(c)Subsec. (b)(1). , substituted “under subsection (a) for any month is the amount of compensation to which the retiree is entitled under title 38 for that month, determined without regard to any disability of the retiree that is not a combat-related disability.” for “for a combat-related disability under subsection (a) is the monthly amount of compensation to which the retiree would be entitled solely for the combat-related disability consistent with chapter 11 of title 38.”

Pub. L. 108–136, § 642(b)section 12731 of this titlesection 12731b of this titleSubsec. (c)(1). , inserted before semicolon at end “or is entitled to retired pay under (other than by reason of )”.

Pub. L. 108–136, § 642(a)(2)Subsec. (c)(2). , struck out “qualifying” before “combat-related disability”.

Pub. L. 108–136, § 642(a)(1)Subsec. (e). , amended heading and text of subsec. (e) generally. Prior to amendment, subsec. (e) defined term “qualifying combat-related disability”.

Pub. L. 108–136, § 642(d)Subsec. (f). , amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows:

Single source of compensationsection 1413 of this title“(1) .—An individual who is paid special compensation under this section may not receive special compensation under .

Election of sourcesection 1413 of this title“(2) .—An individual who is eligible for special compensation under this section and special compensation under shall elect which special compensation to receive.

Regulations“(3) .—The Secretary of Defense shall prescribe in regulations the manner and form of an election under this subsection.”

Pub. L. 108–136, § 641(c)(1)Subsec. (h). , inserted first sentence and inserted “for any other member” before “for any fiscal year”.

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Pub. L. 114–328, div. A, title VI, § 634(b)130 Stat. 2164

Public Law 114–92129 Stat. 842section 1415 of this titlesection 356 of Title 37section 3045 of Title 33section 5304 of Title 38section 212 of Title 42“The amendment made by subsection (a) [amending this section] shall take effect on , immediately after the coming into effect of the amendments made by part I of subtitle D of title VI of the National Defense Authorization Act for Fiscal Year 2016 (; ) [§§ 631–635, enacting and , Pay and Allowances of the Uniformed Services, and amending this section and sections 1401, 1401a, 1409, 1410, 1414, 1463, and 12739 of this title, sections 8432, 8432b, 8438, and 8440e of Title 5, Government Organization and Employees, , Navigation and Navigable Waters, sections 211 and 354 of Title 37, , Veterans’ Benefits, and , The Public Health and Welfare], to which the amendment made by subsection (a) relates.”
, , , provided that:

Effective Date of 2014 Amendment

Pub. L. 113–76section 403 of Pub. L. 113–67section 10001(c) of Pub. L. 113–76section 1401a of this titlesection 631(d)(2) of Pub. L. 114–92section 1401a of this titleAmendment by effective , immediately after the coming into effect of and the amendments made by that section, see , set out as a note under . Amendment did not take effect pursuant to , set out as a Repeal of Reduced Cost-of-living Adjustments for Members Under the Age of 62 note under .

Effective Date of 2013 Amendment

Pub. L. 112–239, div. A, title VI, § 643(b)126 Stat. 1783

“The amendment made by this section [amending this section] shall take effect as of , and shall apply to payments for months beginning on or after that date.”
, , , provided that:

Effective Date of 2008 Amendment

Pub. L. 110–181, div. A, title VI, § 641(c)122 Stat. 156

“The amendments made by this section [amending this section] shall take effect on , and shall apply to payments for months beginning on or after that date.”
, , , provided that:

Effective Date of 2003 Amendment

Pub. L. 108–136, div. A, title VI, § 641(c)(6)117 Stat. 1516

“The amendments made by this subsection [amending this section and sections 1413, 1463, 1465, and 1466 of this title] shall take effect as of . The Secretary of Defense shall provide for such administrative adjustments as necessary to provide for payments made for any period during fiscal year 2004 before the date of the enactment of this Act [] to be treated as having been made in accordance with such amendments and for the provisions of such amendments to be implemented as if enacted as of .”
, , , provided that:

Pub. L. 108–136, div. A, title VI, § 642(f)117 Stat. 1517

section 1413a of title 10“The amendments made by subsections (a), (b), and (c) [amending this section] shall apply to payments under , United States Code, for months beginning on or after . The amendment made by subsection (d) [amending this section] shall take effect on .”
, , , provided that:

Effective Date

Pub. L. 107–314, div. A, title VI, § 636(a)(2)116 Stat. 2576

Section 1413a of title 10“, United States Code, as added by paragraph (1), shall take effect not later than 180 days after the date of the enactment of this Act [].”
, , , provided that:

Clarification of Eligibility of Members of the Coast Guard for Combat-Related Special Compensation

Pub. L. 114–120, title II, § 221130 Stat. 48Pub. L. 117–263, div. K, title CXIV, § 11404(c)136 Stat. 4110Pub. L. 119–60, div. G, title LXXII, § 7201(k)(2)139 Stat. 1687

“(a)

Consideration of Eligibility.—

“(1)

In general .—

section 1413a of title 10Not later than 90 days after the date of the enactment of this Act [], the Secretary of the department in which the Coast Guard is operating shall issue procedures and criteria to use in determining whether the disability of a member of the Coast Guard is a combat-related disability for purposes of the eligibility of such member for combat-related special compensation under , United States Code. Such procedures and criteria shall include the procedures and criteria prescribed by the Secretary of Defense pursuant to subsection (e)(2) of such section. Such procedures and criteria shall apply in determining whether the disability of a member of the Coast Guard is a combat-related disability for purposes of determining the eligibility of such member for combat-related special compensation under such section.
“(2)

Disability for which a determination is made .—

section 1413a(e)(2)(B) of title 10For the purposes of this section, and in the case of a member of the Coast Guard, a disability under , United States Code, includes a disability incurred during aviation duty, diving duty, rescue swimmer or similar duty, hazardous service duty onboard a small vessel (such as duty as a surfman), or a duty in which chemical or other hazardous material exposure has occurred (such as during marine inspections or pollution response activities)—
“(A)
in the performance of duties for which special or incentive pay was paid pursuant to section 301, 301a, 304, 307, 334, or 351 of title 37, United States Code;
“(B)
section 102 of title 14 in the performance of duties related to a statutory mission of the Coast Guard under , United States Code; or
“(C)
while engaged in a training exercise for the performance of a duty described in subparagraphs (A) and (B).
“(b)

Applicability of Procedures and Criteria .—

Public Law 107–314116 Stat. 257410 U.S.C. 1413aThe procedures and criteria issued pursuant to subsection (a) shall apply to disabilities described in that subsection that are incurred on or after the effective date provided in section 636(a)(2) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (; ; note) [See Effective Date note above].
“(c)

Reapplication for Compensation .—

section 1413a of title 10Any member of the Coast Guard who was denied combat-related special compensation under , United States Code, during the period beginning on the effective date specified in subsection (b) and ending on the date of the issuance of the procedures and criteria required by subsection (a) may reapply for combat-related special compensation under such section on the basis of such procedures and criteria in accordance with such procedures as the Secretary of the department in which the Coast Guard is operating shall specify.”
, , , as amended by , , , , , , provided that: