Title 37 — Pay and Allowances of the Uniformed ServicesRelease 119-73not60
§901 Wartime Pay of Officer of Armed Force Exercising Command Higher Than His Grade
Title 37 › Chapter 17— MISCELLANEOUS RIGHTS AND BENEFITS › § 901
Summary
During wartime, if an officer is serving with troops fighting the enemy and is ordered by the proper authority to command at a higher level than their rank, they get the pay and allowances for that higher command. The extra pay cannot be more than the pay for pay grade O–7.
Full Legal Text
Title 37, §901
Pay and Allowances of the Uniformed Services — Source: USLM XML via OLRC
In time of war, an officer of an armed force who is serving with troops operating against an enemy and who exercises, under assignment in orders issued by competent authority, a command above that pertaining to his grade, is entitled to the pay and allowances (not above that of pay grade O–7) appropriate to the command so exercised.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 90137:235a.Apr. 26, 1898, ch. 191, § 7 (less last proviso), 30 Stat. 365. Applicability of the source law to the Air Force is based on Transfer Order No. 25(zzz), of the Secretary of Defense, dated
October 14, 1948. Its applicability, other than to the Army and the Air Force, is based upon an opinion of the Judge Advocate General of the Navy, JAG 135: DDC; dmt.; 4229, dated
July 29, 1960. The words “(but not above that of pay grade O–7)” are substituted for section 235a (proviso) of existing title 37.
Reference
Citations & Metadata
Citation
37 U.S.C. § 901
Title 37 — Pay and Allowances of the Uniformed Services
Last Updated
Apr 5, 2026
Release point: 119-73not60