Title 37, Pay and Allowances of the Uniformed ServicesRelease 119-110

§212 Advancement of Basic Pay: Members Deployed in Combat Zone for More Than One Year

Title 37 › CHAPTER 3 — BASIC PAY › § 212

Last updated Sep 22, 2026|Official source

Summary

If a service member is ordered for one year or more (or their order is extended past one year) to an area that qualifies for special pay under section 310 or section 351(a)(1) or (3), they can ask while on the assignment for up to three months of basic pay in advance. A one-month advance must be given; the Secretary may approve a second or third month if the member shows financial hardship. The advance must be paid back in equal monthly installments over one year, starting on the first day of the first month on or after the member receives the money. If the member is on active duty during a repayment month, the installment is taken from that month’s basic pay. The member’s estate does not have to repay any advance still unpaid when the member dies.

Full Legal Text

Title 37, §212

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

(a)Eligibility; Amount Advanced.—
If a member of the armed forces is assigned to duty in an area for which special pay under section 310, or paragraph (1) or (3) of section 351(a), of this title is available and the assignment is pursuant to orders specifying an assignment of one year or more (or the assignment is extended beyond one year), the member may request, during the period of the assignment, the advanced payment of not more than three months of the basic pay of the member.
(b)Consideration of Request.—
A request by a member described in subsection (a) for the advanced payment of a single month of basic pay shall be granted. The Secretary concerned may grant a member’s request for a second or third month of advanced basic pay during the assignment upon a showing of financial hardship.
(c)Recoupment of Advanced Pay.—
The Secretary concerned shall recoup an advance made on the basic pay of a member under this section in equal installments over a one-year period beginning as provided in subsection (d). If the member is serving on active duty for any month during the recoupment period, the amount of the installment for the month shall be deducted from the basic pay of the member for that month. The estate of a deceased member shall not be required to repay any portion of the advanced pay paid to the member and not repaid before the death of the member.
(d)Commencement of Recoupment.—
The recoupment period for an advancement of basic pay to a member under this section shall commence on the first day of the first month beginning on or after the date on which the member receives the advanced pay.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2016—Subsec. (a). Pub. L. 114–328 inserted “, or paragraph (1) or (3) of section 351(a),” after “section 310”.

Reference

Citations & Metadata

Citation

37 U.S.C. § 212

Title 37, Pay and Allowances of the Uniformed Services

Last Updated

Sep 22, 2026

Release point: 119-110