Title 37Pay and Allowances of the Uniformed ServicesRelease 119-73

§318 Special pay: special warfare officers extending period of active duty

Title 37 › Chapter CHAPTER 5— - SPECIAL AND INCENTIVE PAYS › Subchapter SUBCHAPTER I— - EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES › § 318

Last updated Apr 6, 2026|Official source

Summary

Allows a special warfare officer to get a cash retention bonus if the officer signs a written agreement to stay on active duty in special warfare for at least one year and the Secretary accepts the agreement. A "special warfare officer" is an officer who has the special warfare job or designator and is serving in a position that uses that job. To apply, the officer must be in pay grade O‑3, or O‑4 and not on a promotion list, must have 6 to 14 years of active commissioned service, and must have finished any service commitment from becoming an officer. The bonus cannot exceed $15,000 for each year of the agreement. The agreement and bonus can be prorated but cannot extend past the date the officer reaches 14 years of active commissioned service. Once the Secretary accepts the agreement, the total bonus amount is fixed. It may be paid half up front and the rest in equal yearly amounts, or in graduated yearly payments with the first paid at acceptance. The bonus is extra pay. If an officer leaves before finishing the agreed time after receiving the bonus, the officer must repay under the repayment rules in law (section 303a(e)). The service Secretaries must make rules to run this program, including a definition of "special warfare service," and those rules need the Secretary of Defense’s approval.

Full Legal Text

Title 37, §318

Pay and Allowances of the Uniformed Services — Source: USLM XML via OLRC

(a)In this section, the term “special warfare officer” means an officer of a uniformed service who—
(1)is qualified for a military occupational specialty or designator identified by the Secretary concerned as a special warfare military occupational specialty or designator; and
(2)is serving in a position for which that specialty or designator is authorized.
(b)A special warfare officer who meets the eligibility requirements specified in subsection (c) and who executes a written agreement to remain on active duty in special warfare service for at least one year may, upon the acceptance of the agreement by the Secretary concerned, be paid a retention bonus as provided in this section.
(c)A special warfare officer may apply to enter into an agreement referred to in subsection (b) if the officer—
(1)is in pay grade O–3, or is in pay grade O–4 and is not on a list of officers recommended for promotion, at the time the officer applies to enter into the agreement;
(2)has completed at least 6, but not more than 14, years of active commissioned service; and
(3)has completed any service commitment incurred to be commissioned as an officer.
(d)The amount of a retention bonus paid under this section may not be more than $15,000 for each year covered by the agreement.
(e)The term of an agreement under subsection (b) and the amount of the retention bonus payable under subsection (d) may be prorated as long as the agreement does not extend beyond the date on which the officer executing the agreement would complete 14 years of active commissioned service.
(f)(1)Upon acceptance of an agreement under subsection (b) by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed.
(2)The amount of the retention bonus may be paid as follows:
(A)At the time the agreement is accepted by the Secretary concerned, the Secretary may make a lump sum payment equal to half the total amount payable under the agreement. The balance of the bonus amount shall be paid in equal annual installments on the anniversary of the acceptance of the agreement.
(B)The Secretary concerned may make graduated annual payments under regulations prescribed by the Secretary, with the first payment being payable at the time the agreement is accepted by the Secretary and subsequent payments being payable on the anniversary of the acceptance of the agreement.
(g)A retention bonus paid under this section is in addition to any other pay and allowances to which an officer is entitled.
(h)An officer who, having entered into a written agreement under subsection (b) and having received all or part of a bonus under this section, does not complete the period of active duty in special warfare service as specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.
(i)The Secretaries concerned shall prescribe regulations to carry out this section, including the definition of the term “special warfare service” for purposes of this section. Regulations prescribed by the Secretary of a military department under this section shall be subject to the approval of the Secretary of Defense.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Subsec. (h). Pub. L. 109–163 amended heading and text of subsec. (h) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to repayment required when officer receives bonus but fails to complete total period of agreed upon active duty in special warfare. 2001—Subsec. (h)(3). Pub. L. 107–107 substituted “subsection (b)” for “subsection (a)”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 106–65, div. A, title VI, § 626(b), Oct. 5, 1999, 113 Stat. 656, provided that: “The

Amendments

made by subsection (a) [enacting this section] shall take effect on October 1, 1999.”

Savings Provision

For

Savings Provision

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

Reference

Citations & Metadata

Citation

37 U.S.C. § 318

Title 37Pay and Allowances of the Uniformed Services

Last Updated

Apr 6, 2026

Release point: 119-73