37 U.S.C. § 308

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.

Editorial Notes

Amendments

Pub. L. 115–91December 31, 2018December 31, 20172017—Subsec. (g). substituted “” for “”.

Pub. L. 114–328December 31, 2017December 31, 20162016—Subsec. (g). substituted “” for “”.

Pub. L. 114–92December 31, 2016December 31, 20152015—Subsec. (g). substituted “” for “”.

Pub. L. 113–291December 31, 2015December 31, 20142014—Subsec. (g). substituted “” for “”.

Pub. L. 113–66December 31, 2014December 31, 20132013—Subsec. (g). substituted “” for “”.

Pub. L. 112–239December 31, 2013December 31, 2012 substituted “” for “”.

Pub. L. 112–81December 31, 2012December 31, 20112011—Subsec. (g). substituted “” for “”.

Pub. L. 111–383December 31, 2011December 31, 2010 substituted “” for “”.

Pub. L. 111–84, § 1073(b)2009—Subsec. (a)(2)(A)(ii). , struck out comma before period at end.

Pub. L. 111–84, § 615(3)December 31, 2010December 31, 2009Subsec. (g). , substituted “” for “”.

Pub. L. 110–417, § 531(b)2008—Subsec. (a)(2)(A)(ii). , struck out “not to exceed six” after “extension of enlistment,”.

Pub. L. 110–417, § 614(c)December 31, 2009December 31, 2008Subsec. (g). , substituted “” for “”.

Pub. L. 110–181December 31, 2008December 31, 2007 substituted “” for “”.

Pub. L. 109–163, § 629(a)(1)2006—Subsec. (a)(1)(A). , substituted “20 years of active duty” for “16 years of active duty”.

Pub. L. 109–163, § 629(c)section 312a of this titleSubsec. (a)(1)(C), (D). , redesignated subpar. (D) as (C) and struck out former subpar. (C) which read as follows: “is not receiving special pay under ; and”.

Pub. L. 109–163, § 629(b)Subsec. (a)(2)(B). , substituted “$90,000” for “$60,000”.

Pub. L. 109–163, § 629(a)(2)Subsec. (a)(3). , substituted “24 years” for “18 years”.

Pub. L. 109–163, § 687(b)(14)Subsec. (d). , amended subsec. (d) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when member is not technically qualified in skill for which bonus was paid or fails to complete term of enlistment for which bonus was paid.

Pub. L. 109–364December 31, 2007December 31, 2006Subsec. (g). substituted “” for “”.

Pub. L. 109–163, § 624(c)December 31, 2006December 31, 2005, substituted “” for “”.

Pub. L. 108–375, § 618(a)(1)(D)2004—Subsec. (a)(1). , struck out concluding provisions which read as follows: “may be paid a bonus as provided in paragraph (2).”

Pub. L. 108–375, § 618(a)(1)(A), in introductory provisions, substituted “The Secretary concerned may pay a bonus under paragraph (2) to a member” for “A member”.

Pub. L. 108–375, § 618(a)(1)(B)Subsec. (a)(1)(A). , substituted “16 years” for “fourteen years”.

Pub. L. 108–375, § 618(a)(1)(C)Subsec. (a)(1)(D). , which directed that a period be substituted for the semicolon at end, could not be executed because a period already appeared at end.

Pub. L. 108–375, § 618(a)(2)Subsec. (a)(3). , substituted “18 years” for “16 years”.

Pub. L. 108–375, § 614(c)December 31, 2005December 31, 2004Subsec. (g). , substituted “” for “”.

Pub. L. 108–136, § 626(a)2003—Subsec. (a)(5). , added par. (5).

Pub. L. 108–136, § 614(b)December 31, 2004December 31, 2003Subsec. (g). , substituted “” for “”.

Pub. L. 107–2962002—Subsecs. (a)(1)(B), (d)(2), (f). substituted “of Homeland Security” for “of Transportation” wherever appearing.

Pub. L. 107–314December 31, 2003December 31, 2002Subsec. (g). substituted “” for “”.

Pub. L. 107–107December 31, 2002December 31, 20012001—Subsec. (g). substituted “” for “”.

Pub. L. 106–398December 31, 2001December 31, 20002000—Subsec. (g). substituted “” for “”.

Pub. L. 106–65, § 618(a)1999—Subsec. (a)(1)(A). , substituted “17 months” for “twenty-one months”.

Pub. L. 106–65, § 618(b)(1)Subsec. (a)(2)(A)(i). , substituted “15” for “ten”.

Pub. L. 106–65, § 618(b)(2)Subsec. (a)(2)(B). , substituted “$60,000” for “$45,000”.

Pub. L. 106–65, § 613(b)December 31, 2000December 31, 1999Subsec. (g). , substituted “” for “”.

Pub. L. 105–261, § 6181998—Subsec. (a)(1)(D). , amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “reenlists or voluntarily extends his enlistment in a regular component of the service concerned for a period of at least three years;”.

Pub. L. 105–261, § 619Subsec. (b). , designated par. (1) as entire subsec. and struck out par. (2) which read as follows: “Of the bonuses paid under this section to members of a uniformed service during a fiscal year, not more than 10 percent may exceed $20,000.”

Pub. L. 105–261, § 613(b)December 31, 1999September 30, 1999Subsec. (g). , substituted “” for “”.

Pub. L. 105–85September 30, 1999September 30, 19981997—Subsec. (g). substituted “” for “”.

Pub. L. 104–201September 30, 1998September 30, 19971996—Subsec. (g). substituted “” for “”.

Pub. L. 104–106September 30, 1997September 30, 1996 substituted “” for “”.

Pub. L. 103–337September 30, 1996September 30, 19951994—Subsec. (g). substituted “” for “”.

Pub. L. 103–160September 30, 1995September 30, 19931993—Subsec. (g). substituted “” for “”.

Pub. L. 102–484September 30, 1993September 30, 19921992—Subsec. (g). substituted “” for “”.

Pub. L. 102–251991—Subsec. (c). struck out “of this section” after “subsection (a)”.

Pub. L. 101–5101990—Subsec. (d). designated existing provisions as par. (1) and added par. (2).

Pub. L. 101–189, § 611(a)(1)1989—Subsec. (a)(1). , substituted “may be paid a bonus as provided in paragraph (2)” for “may be paid a bonus, not to exceed six months of the basic pay to which he was entitled at the time of his discharge or release, multiplied by the number of years, or the monthly fractions thereof, of additional obligated service, not to exceed six years, or $30,000, whichever is the lesser amount. Obligated service in excess of sixteen years will not be used for bonus computation”.

Pub. L. 101–189, § 611(a)(3)Subsec. (a)(2), (3). , added pars. (2) and (3). Former par. (2) redesignated (4).

Pub. L. 101–189, § 611(a)(2)Subsec. (a)(4). , redesignated former par. (2) as (4) and struck out “of this subsection” after “paragraph (1)(B)”.

Pub. L. 100–180, § 625(a)1987—Subsec. (b)(1). , amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Not less than 75 percent of the amount of a bonus under this section shall be paid in a lump sum at the beginning of the period for which the bonus is paid, with any remaining amount paid in equal annual installments.”

Pub. L. 100–180, § 626(a)September 30, 1992September 30, 1987Subsec. (g). , substituted “” for “”.

Pub. L. 99–1451985—Subsec. (b)(1). amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Bonus payments authorized under this section may be paid in either a lump sum or in installments.”

Pub. L. 98–525, § 621(b)(1)1984—Subsec. (a)(1). , substituted “$30,000” for “$20,000” in provisions following subpar. (D).

Pub. L. 98–525, § 621(b)(2)Subsec. (b). , designated existing provisions as par. (1) and added par. (2).

Pub. L. 98–525, § 621(a)September 30, 1987September 30, 1984Subsec. (g). , substituted “” for “”.

Pub. L. 98–14September 30, 1984March 31, 19831983—Subsec. (g). substituted “” for “”.

Pub. L. 97–377March 31, 1983December 17, 19821982—Subsec. (g). substituted “” for “”.

Pub. L. 97–276December 17, 1982September 30, 1982 substituted “” for “”. Notwithstanding directory language that amendment be made to section 308(g) of “title 35, United States Code”, amendment was executed to this section as the probable intent of Congress.

Pub. L. 97–601981—Subsec. (e). inserted provision that 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 be considered as part of an immediately subsequent term of reenlistment (or as part of an immediately subsequent voluntary extension of an enlistment) and substituted “Secretary concerned” for “Secretary of the Navy” as authority authorized to prescribe regulations.

Pub. L. 96–342, § 804(a)(1)1980—Subsec. (a)(1). , substituted “fourteen years” for “ten years” in subpar. (A) and, in provisions following subpar. (D), substituted “$20,000” for “$15,000” and “sixteen years” for “twelve years”.

Pub. L. 96–579Subsec. (e). added subsec. (e). Former subsec. (e) redesignated (f).

Pub. L. 96–579Subsec. (f). redesignated former subsec. (e) as (f). Former subsec. (f) redesignated (g).

Pub. L. 96–342, § 804(a)(2)September 30, 1982September 30, 1980, substituted “” for “”.

Pub. L. 96–579Subsec. (g). redesignated former subsec. (f) as (g).

Pub. L. 95–485, § 802(a)(1)1978—Subsec. (a). , designated existing provision as par. (1) and existing pars. (1) to (4) thereof as subpars. (A) to (D), in subpar. (B) as so redesignated, substituted “qualified in a military skill designated as critical” for “designated as having a critical military skill”, and added par. (2).

Pub. L. 95–485, § 802(b)September 30, 1980September 30, 1978Subsec. (f). , substituted “” for “”.

Pub. L. 95–57, § 1(a)1977—Subsec. (d). , substituted “or a member who is not technically qualified in the skill for which a bonus was paid to him under this section (other than a member who is not qualified because of injury, illness, or other impairment not the result of his own misconduct) shall refund that percentage of the bonus, that the unexpired part of his additional obligated service is of the total reenlistment or extension period for which the bonus was paid” for “shall refund that percentage of the bonus that the unexpired part of his enlistment is of the total enlistment period for which the bonus was paid”.

Pub. L. 95–57, § 1(b)September 30, 1978June 30, 1977Subsec. (f). , substituted “” for “”.

Pub. L. 93–2771974— amended section generally.

Pub. L. 90–6231968—Subsecs. (e), (g). substituted “Secretary of Transportation” for “Secretary of the Treasury”.

Pub. L. 89–1321965—Subsec. (g). added subsec. (g).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–181Dec. 31, 2007section 610 of Pub. L. 110–181section 2130a of Title 10Amendment by effective as of , and subject to various special provisions, see , set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under , Armed Forces.

Effective Date of 2004 Amendment

Pub. L. 108–375, div. A, title VI, § 618(g)Oct. 28, 2004118 Stat. 1950

Effective Date of 2003 Amendment

Pub. L. 108–136, div. A, title VI, § 626(d)Nov. 24, 2003117 Stat. 1508

Effective Date of 2002 Amendment

Pub. L. 107–296section 1704(g) of Pub. L. 107–296section 101 of Title 10Amendment by effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see , set out as a note under , Armed Forces.

Effective Date of 1999 Amendment

Pub. L. 106–65, div. A, title VI, § 618(c)Oct. 5, 1999113 Stat. 652

Effective Date of 1993 Amendment

Pub. L. 103–160, div. A, title VI, § 613(h)(1)Nov. 30, 1993107 Stat. 1681

Effective Date of 1990 Amendment

Pub. L. 101–510, div. A, title VI, § 615(b)Nov. 5, 1990104 Stat. 1578

Effective Date of 1989 Amendment

Pub. L. 101–189, div. A, title VI, § 611(b)Nov. 29, 1989103 Stat. 1445

Effective Date of 1987 Amendment

Pub. L. 100–180, div. A, title VI, § 625(b)Dec. 4, 1987101 Stat. 1104

Effective Date of 1985 Amendment

Pub. L. 99–145, title VI, § 631(b)Nov. 8, 198599 Stat. 643

Effective Date of 1981 Amendment

Pub. L. 97–60, title I, § 117(d)Oct. 14, 198195 Stat. 997

Effective Date of 1980 Amendments

Pub. L. 96–342, title VIII, § 804(c)Sept. 8, 198094 Stat. 1092

Pub. L. 96–579Jan. 1, 1981section 3(g) of Pub. L. 96–579section 301c of this titleAmendment by effective , see , set out as an Effective Date note under .

Effective Date of 1978 Amendment

Pub. L. 95–485, title VIII, § 802(a)(2)Oct. 20, 197892 Stat. 1619

Effective Date of 1977 Amendment

Pub. L. 95–57, § 3June 29, 197791 Stat. 253

Effective Date of 1974 Amendment

Pub. L. 93–277, § 4May 10, 197488 Stat. 121

Effective Date of 1968 Amendment

Pub. L. 90–623Oct. 22, 1968section 6 of Pub. L. 90–623section 5334 of Title 5Amendment by intended to restate without substantive change the law in effect on , see , set out as a note under , Government Organization and Employees.

Effective Date of 1965 Amendment

Pub. L. 89–132Sept. 1, 1965section 10 of Pub. L. 89–132section 203 of this titleAmendment by effective , see , set out as a note under .

Savings Provision

Apr. 1, 2006section 687(b) of Pub. L. 109–163section 687(f) of Pub. L. 109–163section 510 of Title 10For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before , under a provision of this section amended by , see , set out as a note under , Armed Forces.

Coverage of Period of Lapsed Authority

Oct. 1, 1992Oct. 23, 1992section 612(j)(2) of Pub. L. 102–484section 301b of this titleFor provisions relating to coverage of period of lapsed authority from , to , for payment of bonuses or other special pay under this section, see , set out as a note under .

Pub. L. 100–180, div. A, title VI, § 626(c)Dec. 4, 1987101 Stat. 1104

Cost Reductions for Fiscal Year 1987; Selective Reimbursement Bonus

Pub. L. 99–661, div. A, title VI, § 663(a)Nov. 14, 1986100 Stat. 3894

Optional Choice of Reenlistment Bonus

Pub. L. 93–277, § 3May 10, 197488 Stat. 121