Ex. ORD. No. 11692, ADJUSTMENT OF PAY RATES
EFFECTIVE JAN. 1, 1973

Ex. Ord. No. 11692, Dec. 15, 1972, 37 F.R. 27609, provided: By virtue of the authority vested in me by the laws of the United States, including the Act of December 16, 1967 [Pub. L. 90-207], and the Federal Pay Comparability Act

RICHARD NIXON.

of 1970 [Pub. L. 91-656], and as President of the United States and Commander in Chief of the Armed Forces of the United States, it is hereby ordered as follows:

SECTION 1. The rates of monthly basic pay for members of the uniformed services within each pay grade are adjusted upwards as set forth in the following tables:

1 While serving as Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps, basic pay for this grade is $3,745.20* regardless of cumulative years of service computed under section 205 of this title.

2 Does not apply to commissioned officers who have been credited with over 4 years' active service as enlisted members.

The rate of basic pay for military personnel at these rates is limited by Section 5308 of title 5, United States Code, as added by the Federal Pay Comparability Act of 1970, to the rate for level V of the Executive Schedule ($36,000 per annum, or $3,000 per month as of the effective date of this adjustment).

E-2. E-1.

1 While serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy or Coast Guard, Chief Master Sergeant of the Air Force, or Sergeant Major of the Marine Corps basic pay for this grade is $1,355.40 regardless of cumulative years of service computed under section 205 of this title.

SEC. 2. This order shall take effect January 1, 1973. RICHARD NIXON.

§ 205. Computation: service creditable.

TRANSFER OF FUNCTIONS

The effective date of Reorg. Plan No. 4 of 1970, referred to in the note under this section in the 1970 ed. of the Code, is Oct. 3, 1970, and not Oct. 30, 1970, as shown therein.

SECTION RFFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 2126.

§ 209. Members of Senior Reserve Officers' Training Corps.

(a) Except when on active duty, a member of the Senior Reserve Officers' Training Corps who is selected for advanced training under section 2104 of title 10 is entitled to a subsistence allowance of $100 a month beginning on the day he starts advanced training and ending upon the completion of his instruction under that section, but in no event shall any member receive such pay for more than 20 months. Subsistence allowance under this section may not be considered financial assistance requiring additional service within the meaning of the third sentence of section 456(d) (1) of title 50, appendix.

(b) Except when on active duty, a cadet or midshipman appointed under section 2107 of title 10 is entitled to a monthly subsistence allowance in the amount provided in subsection (a) of this section. A member enrolled in the first two years of a four-year program is entitled to receive subsistence for a maximum of twenty months. A member enrolled in the advanced course is entitled to subsistence as prescribed for a member enrolled under section 2104 of title 10 as prescribed in subsection (a) of this section.

(As amended Pub. L. 92-171, § 1, Nov. 24, 1971, 85 Stat. 490.)

AMENDMENTS

1971-Subsec. (a). Pub. L. 92-171, § 1(1), substituted "a subsistence allowance of $100 a month" for "subsistence allowance at the rate of not less than $40 per month or more than $50 per month".

Subsec. (b). Pub. L. 92-171, § 1(2), substituted "a monthly subsistence allowance in the amount provided in subsection (a) of this section. A member enrolled in the first two years of a four-year program is entitled to receive subsistence for a maximum of twenty months. A member enrolled in the advanced course is entitled to subsistence as prescribed for a member enrolled under section 2104 of title 10 as prescribed in subsection (a) of this section." for "subsistence allowance at the rate of $50 a month beginning on the day that he starts his first term of college work under that section and ending upon the completion of his instruction under that section, but not for more than four years.".

EFFECTIVE DATE OF 1971 AMENDMENT Section 2 of Pub. L. 92-171 provided that: "The amendments made by this Act [amending subsecs. (a) and (b) of this section] shall become effective on July 1, 1971. SUBSISTENCE ALLOWANCES FOR MEMBERS OF THE MARINE CORPS OFFICER CANDIDATE PROGRAMS

Pub. L. 92-172, Nov. 24, 1971, 85 Stat. 491, provided: "That until June 30, 1976, except when on active duty, a member enrolled in a Marine Corps officer candidate program which requires a baccalaureate degree as a prerequisite to being commissioned as a regular or reserve officer, and who is not enrolled in a program or an academy established under chapter 103, 403, 603, or 903 of title 10, United States Code, may be paid a subsistence allowance at the same rate as that prescribed by section 209 (a) of title 37, United States Code [subsection (a) of this section]."

Sec.

Chapter 5.-SPECIAL AND INCENTIVE PAY

302a. Special pay: optometrists.

308a. Special pay: enlistment bonus. 312.

Special pay: nuclear-qualified officers extending period of active service.

312a. Special pay: nuclear-trained and qualified enlisted members.

AMENDMENTS

1972-Pub. L. 92-581, § 1(1), (4), Oct. 27, 1972, 86 Stat. 1277, 1278, struck out “submarine” in item 312, and added item 3128.

1971-Pub. L. 92-129, title II, §§ 202 (b), 203 (b), Sept. 28, 1971, 85 Stat. 358, added Items 302a and 308a.

§ 301. Incentive pay; hazardous duty.

(a) Subject to regulations prescribed by the President, a member of a uniformed service who is entitled to basic pay is also entitled to incentive pay, in the amount set forth in subsection (b) or (c) of this section, for the performance of hazardous duty

required by orders. For the purposes of this subsection, "hazardous duty" means duty

(2) as determined by the Secretary concerned, on a submarine (including, in the case of nuclearpowered submarines, periods of training and rehabilitation after assignment thereto), or in the case of personnel qualified in submarines, as a member of a submarine operational command staff whose duties require serving on a submarine during underway operations—

(A) During one calendar month: 48 hours; however, hours served underway in excess of 48 as a member of a submarine operational command staff during any of the immediately preceding five calendar months and not already used to qualify for incentive pay may be applied to satisfy the underway time requirements for the current month;

(As amended Pub. L. 92-436, title VI, § 605, Sept. 26, 1972, 86 Stat. 740.)

AMENDMENTS

1972 Subsec. (a)(2)(A). Pub. L. 92-436 included in the hazardous duty for incentive pay of a member of a submarine operational command the application of hours served underway in excess of 48 during the preceding five calendar months and not used to qualify for incentive pay, to satisfy of underway time requirements for the current month.

EX. ORD. NO. 11157. REGULATIONS RELATING TO INCENTIVE PAY, SPECIAL PAY, AND ALLOWANCES

Ex. Ord. No. 11157, June 22, 1964, 29 F.R. 7973, as amended by Ex. Ord. No. 11242, Aug. 28, 1965, 30 F.R. 11205; Ex. Ord. No. 11253, Oct. 20, 1965, 30 F.R. 13509; Ex. Ord. No. 11259, Dec. 3, 1965, 30 F.R. 15057; Ex. Ord. No. 11292, Aug. 1, 1966, 31 F.R. 10447; Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247; Ex. Ord. No. 11424, Aug. 29, 1968, 33 F.R. 12361; Ex. Ord. No. 11473, June 14, 1969, 34 F.R. 9485; Ex. Ord. No. 11511, Feb. 27, 1970, 35 F.R. 3877; Ex. Ord. No. 11591, Apr. 23, 1971, 36 FR. 7833, provided:

SEC. 403. Any quarters or housing facilities under the jurisdiction of any of the uniformed services in fact occupied without payment of rental charges (a) by a member and his dependents, or (b) by a member without dependents, or (c) by the dependents of a member on field duty or on sea duty or on duty at a station where adequate quarters are not available for his dependents, shall be deemed to have been assigned to such member as appropriate and adequate quarters, and no basic allowance for quarters shall accrue to such member under such circumstances unless the occupancy (1) occurs while such member is in a duty or leave status incident to a change of permanent station and is of a temporary nature under standards prescribed by regulations issued by the Secretary of Defense in the case of members of the Army, Navy, Air Force, or Marine Corps, and the reserve components thereof, or by the appropriate Secretary in the case of members of the other uniformed services, or (11) occurs while such member is in a duty or leave status not incident to a change of permanent station and does not exceed seven consecutive days at one location: Provided, That occupancy of quarters under such circumstances for a period in excess of such 7-day period or such other temporary period as may be authorized under standards prescribed by regulations issued by the Secretary concerned shall not result in a forfeiture of basic allowance for

quarters for such 7-day or other authorized period: Provided further, That this paragraph shall not apply to occupancy of quarters as a guest of another member.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 552 of this title.

§ 302. Special pay: physicians and dentists.

(a) In addition to any other basic pay, special pay, incentive pay, or allowances to which he is entitled, each of the following officers is entitled to special pay at the rate set forth in subsection (b) of this section:

(1) a commissioned officer

who was on active duty on September 1, 1947; who retired before that date and was ordered to active duty after that date and before July 1, 1973; or who was appointed or designated as such an officer after September 1, 1947, and before July 1, 1973;

(2) a commissioned officer

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who, after September 1, 1947, and before July 1, 1973, was ordered to active duty for a period of at least one year; and

(3) a general officer of the Army or the Air Force appointed, from any of the categories named in clause (1) or (2), in the Army, the Air Force, or the National Guard, as the case may be, who was on active duty on September 1, 1947; who was retired before that date and was ordered to active duty after that date and before July 1, 1973; or who, after September 1, 1947, was appointed from any of those categories.

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(As amended Pub. L. 92-129, title I, § 104, Sept. 28, 1971, 85 Stat. 355.)

AMENDMENTS

1971-Subsec. (a). Pub. L. 92-129 substituted "July 1, 1973" for "July 1, 1971", wherein appearing.

§ 302a. Special pay: optometrists.

(a) In addition to any other basic pay, special pay, incentive pay, or allowances to which he is entitled, each of the following officers is entitled to special pay at the rate of $100 a month for each month of active duty:

(1) a commissioned officer

(A) of the Regular Army or the Regular Navy who is designated as an optometry officer;

(B) of the Regular Air Force who is designated as an optometry officer; or

(C) who is an optometry officer of the Regular Corps of the Public Health Service; who was on active duty on the effective date of this section; who retired before that date and was ordered to active duty after that date and before July 1, 1973; or who was designated as such an officer after the effective date of this section and before July 1, 1973;

(2) a commissioned officer

(A) of a reserve component of the Army or Navy who is designated as an optometry officer;

(B) of a reserve component of the Air Force who is designated as an optometry officer; or

(C) who is an optometry officer of the Reserve Corps of the Public Health Service; who was on active duty on the effective date of this section as a result of a call or order to active duty for a period of at least one year; or who, after that date and before July 1, 1973, is called or ordered to active duty for such a period; and

(3) a general officer of the Army or the Air Force appointed, from any of the categories named in clause (1) or (2), in the Army, the Air Force, or the National Guard, as the case may be, who was on active duty on the effective date of this section; who was retired before that date and was ordered to active duty after that date and before July 1, 1973; or who, after the effective date of this section, was appointed from any of those categories. (b) The amount set forth in subsection (a) of this section may not be included in computing the amount of an increase in pay authorized by any other provision of this title or in computing retired pay or severance pay. (Added Pub. L. 92-129, title II, § 202 (a), Sept. 28, 1971, 85 Stat. 357.)

REFERENCES IN TEXT

For the effective date of this section, referred to in text, see Effective Date note below.

EFFECTIVE DATE

Section 209 of Pub. L. 92-129 provided that: "The foregoing provisions of this title [enacting this section and section 428 of this title and amending section 203 (a) and 403(a) of this title and sections 2204 and 2207 of Title 50 Appendix] shall become effective on October 1, 1971, except that section 203 [enacting section 308a of this title] shall become effective on such date as shall be prescribed by the Secretary of Defense, but not earlier than February 1, 1971, and section 206 [amending section 2203 of Title 50 Appendix] shall become effective July 1, 1971.” REDUCTION IN PAY PROHIBITED

Enactment of this section not to reduce the pay to which any member of the uniformed services was entitled on June 30, 1971, see section 210 of Pub. L. 92-129, set out as a note under section 203 of this title.

§ 303. Special pay: veterinarians.

(a) In addition to any other basic pay, special pay, incentive pay, or allowances to which he is entitled, each of the following officers is entitled to special pay at the rate of $100 a month for each month of active duty:

(1) a commissioned officer

who was on active duty on June 29, 1953; who retired before that date and was ordered to active duty after that date and before July 1, 1973; or who was appointed or designated as such as officer after June 29, 1953, and before July 1, 1973; (2) a commissioned officer

who was on active duty on June 29, 1953, as a result of a call or order to active duty for a period of at least one year; or who, after that date and before July 1, 1973, was called or ordered to active duty for such a period; and

(3) a general officer of the Army or the Air Force appointed, from any of the categories named in clause (1) or (2) of this subsection, in the Army, the Air Force, or the National Guard, as the case may be, who was on active duty on June 29, 1953; who was retired before that date and was ordered to active duty after that date and before July 1, 1973; or who after June 29, 1953, was appointed from one of those categories.

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(As amended Pub. L. 92-129, title I, § 104, Sept. 28, 1971, 85 Stat. 355.)

AMENDMENTS

1971-Subsec. (a). Pub. L. 92-129 substituted "July 1, 1973" for "July 1, 1971", wherever appearing. §308. Special pay: reenlistment bonus.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 312a of this title.

§308a. Special pay: enlistment bonus.

(a) Notwithstanding section 514(a) of title 10 or any other provision of law, a person who enlists in any combat element of an armed force for a period of at least three years, or who extends his initial period of active duty in a combat element of an armed force to a total of at least three years, may, under regulations to be prescribed by the Secretary of Defense, be paid a bonus in an amount prescribed by the Secretary, but not more than $3,000. The bonus may be paid in a lump sum or in equal periodic installments, as determined by the Secretary.

(b) Under regulations approved by the Secretary of Defense, a person who voluntarily, or because of his misconduct, does not complete the term of enlistment for which a bonus was paid to him under this section shall refund that percentage of the bonus that the unexpired part of his enlistment is of the total enlistment period for which the bonus was paid.

(c) No bonus shall be paid under this section with respect to any enlistment or extension of an initial period of active duty in the armed forces made after June 30, 1973. (Added Pub. L. 92-129, title II, § 203 (a), Sept. 28, 1971, 85 Stat. 358.)

EFFECTIVE DATE

Section effective on a date to be prescribed by the Secretary of Defense, but not earlier than Feb. 1, 1971, see section 209 of Pub. L. 92-129, set out as a note under section 302a of this title.

REDUCTION IN PAY PROHIBITED

Enactment of this section not to reduce the pay to which any member of the uniformed services was entitled on June 30, 1971, see section 210 of Pub. L. 92-129, set out as a note under section 203 of this title.

§310. Special pay: duty subject to hostile fire.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 1079; title 20 section 1087ee.

§ 312. Special pay: nuclear-qualified officers extending period of active service.

(a) Under regulations to be prescribed by the Secretary of the Navy, an officer or the naval service who

(2) Repealed. Pub. L. 92–581, § 1(2) (A), Oct. 27, 1972, 86 Stat. 1277.

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(5) executes a written agreement to remain on active duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants for one period of four years in addition to any other period of obligated active service.

(c) Pursuant to regulations prescribed by the Secretary of the Navy and subject to such exceptions as may be prescribed in those regulations, refunds, on a pro rata basis, of sums paid pursuant to this section may be required if the officer having received the payment fails to complete the full period of four years of active duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants which he agreed to serve.

(d) Nothing in this section shall alter or modify the obligation of a regular officer to perform active service at the pleasure of the President. Completion of the additional period of four years' active service under this section shall in no way obligate the President to accept a resignation submitted by a regular officer at the end of the four-year period.

(e) The provisions of this section shall be effective only in the case of officers who, on or before June 30, 1975, execute the required written agreement to remain in active service. (As amended Pub. L. 92-581, § 1(1), (2), Oct. 27, 1972, 86 Stat. 1277.)

AMENDMENTS

1972-Pub. L. 92–581, § 1(1), struck out “submarine” in the section catchline.

Subsec. (a) (2). Pub. L. 92–581, § 1(2) (A), struck out cl. (2) which referred to officers of the naval service currently designated “qualified in submarines".

Subsec. (a) (5). Pub. L. 92–581, § 1(2) (B), substituted "on active duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants", for "in active submarine service".

Subsec. (c). Pub. L. 92-581, § 1(2) (C), substituted “duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants", for "submarine service".

Subsec. (d). Pub. L. 92-581, § 1(2) (D), struck out "submarine".

Subsec. (e). Pub. L. 92-581, § 1(2) (E), substituted "1975" for "1973".

§ 312a. Special pay: nuclear-trained and qualified enlisted members.

(a) Under regulations prescribed by the Secretary of Defense, an enlisted member of the naval service who

(1) is entitled to basic pay;

(2) is currently qualified for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; and

(3) has completed at least six, but not more than ten, years of active duty and executes, when eligible, a reenlistment agreement for not less than two years;

may upon acceptance of the reenlistment agreement by the Secretary of the Navy or his designee, be paid a bonus not to exceed six months of the basic pay to which he was entitled at the time of his discharge or release, multiplied by the number of years or the monthly fractions thereof of additional obligated