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

§433 Allowance for muster duty

Title 37 › Chapter CHAPTER 7— - ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES › § 433

Last updated Apr 6, 2026|Official source

Summary

Members of the Ready Reserve who are not in the National Guard or the Selected Reserve get a pay allowance when they do muster duty under rules set by the military Secretaries, as long as the duty lasts at least two hours. The pay equals 125 percent of the average U.S. per diem rate (excluding Alaska and Hawaii) from section 452, using the rate in effect on September 30 of the year before the duty. The allowance must be paid in money, not in goods. It can be paid before, on, or after the duty date, but not later than 30 days after. It is a single flat payment that fully covers travel to the nearby muster site, transport, food, and extra costs from being away from home, including weekends and holidays. A member who gets this allowance cannot also be paid for inactive-duty training under section 206(a) for the same time.

Full Legal Text

Title 37, §433

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

(a)Under uniform regulations prescribed by the Secretaries concerned, a member of the Ready Reserve who is not a member of the National Guard or of the Selected Reserve is entitled to an allowance for muster duty performed pursuant to section 12319 of title 10 if the member is engaged in that duty for at least two hours.
(b)The amount of the allowance under this section shall be 125 percent of the amount of the average per diem rate for the United States (other than Alaska and Hawaii) under section 452 of this title as in effect on September 30 of the year preceding the year in which the muster duty is performed.
(c)The allowance authorized by this section may not be disbursed in kind. The allowance may be paid to the member before, on, or after the date on which the muster duty is performed, but not later than 30 days after that date. The allowance shall constitute the single, flat-rate monetary allowance authorized for the performance of muster duty and shall constitute payment in full to the member, regardless of grade or rank in which serving, as commutation for travel to the immediate vicinity of the designated muster duty location, transportation, subsistence, and the special or extraordinary costs of enforced absence from home and civilian pursuits, including such absence on weekends and holidays.
(d)A member who performs muster duty is not entitled to compensation for inactive-duty training under section 206(a) of this title for the same period.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (b). Pub. L. 117–263 substituted “section 452” for “section 474(d)(2)(A)”. 2013—Subsec. (b). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below. 2011—Subsec. (b). Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9), substituted “474” for “404”. 1997—Subsec. (c). Pub. L. 105–85 struck out “and shall be paid to the member on or before the date on which the muster duty is performed” after “disbursed in kind” in first sentence and inserted “The allowance may be paid to the member before, on, or after the date on which the muster duty is performed, but not later than 30 days after that date.” after first sentence. 1996—Subsec. (a). Pub. L. 104–106 substituted “section 12319 of title 10” for “section 687 of title 10”. 1990—Subsec. (a). Pub. L. 101–510 substituted “section 687 of title 10” for “section 691 of title 10”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2013 Amendment Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of Title 10, Armed Forces.

Effective Date

of 1990 Amendment Pub. L. 101–510, div. A, title XIV, § 1484(h)(5), Nov. 5, 1990, 104 Stat. 1718, provided that the amendment made by that section is effective as of Nov. 29, 1989.

Reference

Citations & Metadata

Citation

37 U.S.C. § 433

Title 37Pay and Allowances of the Uniformed Services

Last Updated

Apr 6, 2026

Release point: 119-73