37 U.S.C. § 308 | Special pay: reenlistment bonus

(a)

(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)

section 101(d)(6) of title 10 in a reserve component of the service concerned, if the member is performing active Guard and Reserve duty (as defined in ).

(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)

section 205 of this title 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 , 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)

section 303a(e) of this title 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 .

(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)

section 301c of this title 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 , 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)

December 31, 2018 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 .

Historical and Revision Notes
308(a) 308(b) 308(c) 308(d) 308(e) 308(f)	37:239(a). 37:239(e). 37:239(b). 37:239(c). 37:239(d). 37:239(f). 37:239(g).	Oct. 12, 1949, ch. 681, § 208; added July 16, 1954, ch. 535, § 2, 68 Stat. 488; July 25, 1961, Pub. L. 87–103, § 1 (as applicable to § 208), 75 Stat. 219.

Historical and Revision Notes

308(a)

308(b)

308(c)

308(d)

308(e)

308(f)

37:239(a).

37:239(e).

37:239(b).

37:239(c).

37:239(d).

37:239(f).

37:239(g).

Oct. 12, 1949, ch. 681, § 208; added July 16, 1954, ch. 535, § 2, 68 Stat. 488; July 25, 1961, Pub. L. 87–103, § 1 (as applicable to § 208), 75 Stat. 219.

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. 110–181 section 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

section 308(a)(2)(A) of title 37Oct. 28, 2004“The amendment made by subsection (a)(2) [amending this section] shall apply only with respect to the computation of a bonus under , United States Code, made on or after the date of the enactment of this Act [].”

, , , provided that:

Effective Date of 2003 Amendment

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

March 18, 2003“The amendments made by this section [amending this section and sections 308b and 308h of this title] shall take effect as of , and apply with respect to reenlistments or the voluntary extension of enlistments that are entered into on or after that date.”

, , , provided that:

Effective Date of 2002 Amendment

Pub. L. 107–296 section 1704(g) of Pub. L. 107–296 section 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

October 1, 1999“The amendments made by subsections (a) and (b) [amending this section] shall take effect on , and shall apply with respect to reenlistments and extensions of enlistments taking effect on or after that date.”

, , , provided that:

Effective Date of 1993 Amendment

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

section 308a of this titleSeptember 30, 1993“The amendments made by subsections (b) and (c) [amending this section and ] shall take effect as of , and shall apply with respect to an enlistment, reenlistment, or extension of an enlistment described in section 308 or 308a of title 37, United States Code, occurring on or after that date.”

, , , provided that:

Effective Date of 1990 Amendment

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

section 308 of title 37Nov. 5, 1990“The amendment made by subsection (a) [amending this section] shall apply with respect to any bonus paid under , United States Code, to a person in connection with the reenlistment or extension of the term of enlistment of the person in the Armed Forces on or after the date of the enactment of this Act [].”

, , , provided that:

Effective Date of 1989 Amendment

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

section 308(a) of title 37September 30, 1989“The amendments made by this section [amending this section] shall apply with respect to reenlistment and extension of enlistment agreements entered into under , United States Code, after .”

, , , provided that:

Effective Date of 1987 Amendment

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

September 30, 1987“The amendment made by subsection (a) [amending this section] shall apply with respect to bonuses paid for reenlistment or extension of enlistment agreements entered into after .”

, , provided that:

Effective Date of 1985 Amendment

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

September 30, 1986“The amendment made by subsection (a) [amending this section] shall apply with respect to bonuses paid for reenlistments or extensions of enlistment effective after .”

, , , provided that:

Effective Date of 1981 Amendment

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

section 308f of this title section 308a of this titleOct. 14, 1981“The amendments made by this section [enacting and amending this section and ] shall apply to enlistments and reenlistments after the date of enactment of this Act [].”

, , , provided that:

Effective Date of 1980 Amendments

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

section 308a of this titleSeptember 30, 1980“The amendments made by this section [amending this section and ] shall only apply to enlistments, reenlistments, and extensions of enlistments made after .”

, , , provided that:

Pub. L. 96–579Jan. 1, 1981section 3(g) of Pub. L. 96–579 section 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

October 1, 1978“The amendments made by paragraph (12) [amending this section] shall take effect on .”

, , , provided that:

Effective Date of 1977 Amendment

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

section 308a of this titleJuly 1, 1977“The amendments made by this Act [amending this section and ] shall become effective on .”

, , , provided that:

Effective Date of 1974 Amendment

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

section 308a of this titleMay 10, 1974“The amendments made by this Act [amending this section and and enacting provisions set out below] become effective on the first day of the month following the date of enactment [].”

, , , provided that:

Effective Date of 1968 Amendment

Pub. L. 90–623Oct. 22, 1968section 6 of Pub. L. 90–623 section 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. 89–132 section 203 of this titleAmendment by effective , see , set out as a note under .

Savings Provision

Apr. 1, 2006section 687(b) of Pub. L. 109–163 section 687(f) of Pub. L. 109–163 section 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. 102–484 section 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

“(1)

October 1, 1987Dec. 4, 1987September 30, 1987 The Secretary concerned, in the case of any person who during the period beginning on , and ending on the date of the enactment of this Act [] would have qualified for an agreement with the Secretary described in paragraph (2) but for the fact that the authority for the payment of bonuses provided by that section had lapsed, shall pay to that person a bonus under the terms of the appropriate section specified in that paragraph (and related regulations) as in effect on .

“(2)

An agreement referred to in paragraph (1) is an agreement with the Secretary for the payment of a bonus under section 308, 308a, 308b, 308c, 308e, 308f, 308g, 308h, or 308i of title 37, United States Code.”

, , , provided that:

Cost Reductions for Fiscal Year 1987; Selective Reimbursement Bonus

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

section 308 of title 37“During fiscal year 1987, the Secretary concerned may not pay more than 50 percent of an amount paid to any person under , United States Code, in a lump sum.”.

, , , provided that:

Optional Choice of Reenlistment Bonus

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

section 308 of title 37“Notwithstanding , United States Code, as amended by this Act, a member of a uniformed service on active duty on the effective date of this Act, who would have been eligible, at the end of his current or subsequent enlistment, for the reenlistment bonus prescribed in section 308(a) or (d) of that title, as it existed on the day before the effective date of this Act, shall continue to be eligible for the reenlistment bonus under that section as it existed on the day before the effective date of this act. If a member is also eligible for the reenlistment bonus prescribed in that section as amended by this Act, he may elect to receive either one of those reenlistment bonuses. However, a member’s eligibility under section 308(a) or (d) of that title, as it existed on the day before the effective date of this Act, terminates when he has received a total of $2,000 in reenlistment bonus payments, received under either section 308(a) or (d) of that title as it existed on the day before the effective date of this Act, or under section 308 of that title, as amended by this Act, or from a combination of both.”

, , , provided that: