§212 — Title 37 Pay and Allowances of the Uniformed Services | U.S. Code

Summary

If a service member is sent to a place where special pay is available and the orders are for one year or more (or the tour is extended past one year), the member can ask while on that tour for up to three months of basic pay paid in advance. A request for one month must be approved. Requests for the second or third month can be approved only if the member shows financial hardship. The advance must be repaid in equal installments over one year, starting the first day of the first month on or after the advance is given. If the member is on active duty in a repayment month, that month’s installment is taken from basic pay. If the member dies before finishing repayment, the estate does not have to pay the rest.

Title 37, §212

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

(a)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)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)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)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.

Editorial Notes

Amendments

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

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

Summary

Title 37, §212

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata