37 U.S.C. § 308
(a)
(1) The Secretary concerned may pay a bonus under paragraph (2) to a member of a uniformed service who—
(C) reenlists or voluntarily extends the member’s enlistment for a period of at least three years—
(2) The bonus to be paid under paragraph (1) may not exceed the lesser of the following amounts:
(A) The amount equal to the product of—
(e) For the purposes of determining the eligibility of a member for a bonus under this section and of computing the amount of that bonus—
may, under regulations prescribed by the Secretary concerned, be considered as part of an immediately subsequent term of reenlistment (or as part of an immediately subsequent voluntary extension of an enlistment).
(Pub. L. 87–649, , 76 Stat. 467; Pub. L. 89–132, § 3, , 79 Stat. 547; Pub. L. 90–623, § 3(1), , 82 Stat. 1314; Pub. L. 93–277, § 2(1), , 88 Stat. 119; Pub. L. 95–57, § 1, , 91 Stat. 253; Pub. L. 95–485, title VIII, § 802(a)(1), (b), , 92 Stat. 1619; Pub. L. 96–342, title VIII, § 804(a), , 94 Stat. 1092; Pub. L. 96–579, § 3(f), , 94 Stat. 3364; Pub. L. 97–60, title I, § 117(a), , 95 Stat. 996; Pub. L. 97–276, title I, § 131, , 96 Stat. 1197; Pub. L. 97–377, title I, § 101(c) [title VII, § 798], , 96 Stat. 1833, 1865; Pub. L. 98–14, § 1, , 97 Stat. 55; Pub. L. 98–525, title VI, § 621, , 98 Stat. 2540; Pub. L. 99–145, title VI, § 631(a), , 99 Stat. 643; Pub. L. 100–180, div. A, title VI, §§ 625(a), 626(a), , 101 Stat. 1104; Pub. L. 101–189, div. A, title VI, § 611(a), , 103 Stat. 1445; Pub. L. 101–510, div. A, title VI, § 615(a), , 104 Stat. 1578; Pub. L. 102–25, title VII, § 702(b)(1), (c), , 105 Stat. 117; Pub. L. 102–484, div. A, title VI, § 612(a), , 106 Stat. 2421; Pub. L. 103–160, div. A, title VI, § 613(b), , 107 Stat. 1681; Pub. L. 103–337, div. A, title VI, § 613(b), , 108 Stat. 2783; Pub. L. 104–106, div. A, title VI, § 613(b), , 110 Stat. 359; Pub. L. 104–201, div. A, title VI, § 613(b), , 110 Stat. 2544; Pub. L. 105–85, div. A, title VI, § 613(b), , 111 Stat. 1786; Pub. L. 105–261, div. A, title VI, §§ 613(b), 618, 619, , 112 Stat. 2039, 2042; Pub. L. 106–65, div. A, title VI, §§ 613(b), 618(a), (b), , 113 Stat. 650, 652; Pub. L. 106–398, § 1 [[div. A], title VI, § 623(b)], , 114 Stat. 1654, 1654A–152; Pub. L. 107–107, div. A, title VI, § 614(b), , 115 Stat. 1136; Pub. L. 107–296, title XVII, § 1704(c), , 116 Stat. 2314; Pub. L. 107–314, div. A, title VI, § 614(b), , 116 Stat. 2568; Pub. L. 108–136, div. A, title VI, §§ 614(b), 626(a), , 117 Stat. 1501, 1507; Pub. L. 108–375, div. A, title VI, §§ 614(c), 618(a), , 118 Stat. 1948, 1949; Pub. L. 109–163, div. A, title VI, §§ 624(c), 629(a)–(c), 687(b)(14), , 119 Stat. 3295, 3297, 3329; Pub. L. 109–364, div. A, title VI, § 614(c), , 120 Stat. 2248; Pub. L. 110–181, div. A, title VI, § 614(b), , 122 Stat. 149; Pub. L. 110–417, [div. A], title V, § 531(b), title VI, § 614(c), , 122 Stat. 4449, 4485; Pub. L. 111–84, div. A, title VI, § 615(3), title X, § 1073(b), , 123 Stat. 2354, 2474; Pub. L. 111–383, div. A, title VI, § 615(3), , 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, § 615(3), , 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, § 615(3), , 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, § 615(3), , 127 Stat. 781; Pub. L. 113–291, div. A, title VI, § 615(3), , 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, § 615(3), , 129 Stat. 839; Pub. L. 114–328, div. A, title VI, § 615(3), , 130 Stat. 2159; Pub. L. 115–91, div. A, title VI, § 615(3), , 131 Stat. 1423.)
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 308(a) 308(b) 308(c) 308(d) 308(e) 308(f) | 37:239(a). 37:239(e). 37:239(b). 37:239(c). 37:239(d). 37:239(f). 37:239(g). | Oct. 12, 1949, ch. 681, § 208; added July 16, 1954, ch. 535, § 2, 68 Stat. 488; July 25, 1961, Pub. L. 87–103, § 1 (as applicable to § 208), 75 Stat. 219. |
In subsection (a), the words “reenlists . . . after . . . compulsory or voluntary active duty or who voluntarily extends his enlistment for at least two years” are substituted for the words “reenlists . . . after . . . active duty” and section 239(e) of existing title 37. The words “(other than for training)” are inserted, since the source statute has been consistently interpreted to exclude that kind of duty. The words “or release” are inserted in column 1 of the table and in footnotes 2, 4, and 5 to conform to the introductory language preceding the tables.
In subsection (b), the words “a total of” are omitted as surplusage.
2017—Subsec. (g). Pub. L. 115–91 substituted “” for “”.
2016—Subsec. (g). Pub. L. 114–328 substituted “” for “”.
2015—Subsec. (g). Pub. L. 114–92 substituted “” for “”.
2014—Subsec. (g). Pub. L. 113–291 substituted “” for “”.
2013—Subsec. (g). Pub. L. 113–66 substituted “” for “”.
Pub. L. 112–239 substituted “” for “”.
2011—Subsec. (g). Pub. L. 112–81 substituted “” for “”.
Pub. L. 111–383 substituted “” for “”.
2009—Subsec. (a)(2)(A)(ii). Pub. L. 111–84, § 1073(b), struck out comma before period at end.
Subsec. (g). Pub. L. 111–84, § 615(3), substituted “” for “”.
2008—Subsec. (a)(2)(A)(ii). Pub. L. 110–417, § 531(b), struck out “not to exceed six” after “extension of enlistment,”.
Subsec. (g). Pub. L. 110–417, § 614(c), substituted “” for “”.
Pub. L. 110–181 substituted “” for “”.
2006—Subsec. (a)(1)(A). Pub. L. 109–163, § 629(a)(1), substituted “20 years of active duty” for “16 years of active duty”.
Subsec. (a)(1)(C), (D). Pub. L. 109–163, § 629(c), redesignated subpar. (D) as (C) and struck out former subpar. (C) which read as follows: “is not receiving special pay under section 312a of this title; and”.
Subsec. (a)(2)(B). Pub. L. 109–163, § 629(b), substituted “$90,000” for “$60,000”.
Subsec. (a)(3). Pub. L. 109–163, § 629(a)(2), substituted “24 years” for “18 years”.
Subsec. (d). Pub. L. 109–163, § 687(b)(14), amended subsec. (d) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when member is not technically qualified in skill for which bonus was paid or fails to complete term of enlistment for which bonus was paid.
Subsec. (g). Pub. L. 109–364 substituted “” for “”.
Pub. L. 109–163, § 624(c), substituted “” for “”.
2004—Subsec. (a)(1). Pub. L. 108–375, § 618(a)(1)(D), struck out concluding provisions which read as follows: “may be paid a bonus as provided in paragraph (2).”
Pub. L. 108–375, § 618(a)(1)(A), in introductory provisions, substituted “The Secretary concerned may pay a bonus under paragraph (2) to a member” for “A member”.
Subsec. (a)(1)(A). Pub. L. 108–375, § 618(a)(1)(B), substituted “16 years” for “fourteen years”.
Subsec. (a)(1)(D). Pub. L. 108–375, § 618(a)(1)(C), which directed that a period be substituted for the semicolon at end, could not be executed because a period already appeared at end.
Subsec. (a)(3). Pub. L. 108–375, § 618(a)(2), substituted “18 years” for “16 years”.
Subsec. (g). Pub. L. 108–375, § 614(c), substituted “” for “”.
2003—Subsec. (a)(5). Pub. L. 108–136, § 626(a), added par. (5).
Subsec. (g). Pub. L. 108–136, § 614(b), substituted “” for “”.
2002—Subsecs. (a)(1)(B), (d)(2), (f). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” wherever appearing.
Subsec. (g). Pub. L. 107–314 substituted “” for “”.
2001—Subsec. (g). Pub. L. 107–107 substituted “” for “”.
2000—Subsec. (g). Pub. L. 106–398 substituted “” for “”.
1999—Subsec. (a)(1)(A). Pub. L. 106–65, § 618(a), substituted “17 months” for “twenty-one months”.
Subsec. (a)(2)(A)(i). Pub. L. 106–65, § 618(b)(1), substituted “15” for “ten”.
Subsec. (a)(2)(B). Pub. L. 106–65, § 618(b)(2), substituted “$60,000” for “$45,000”.
Subsec. (g). Pub. L. 106–65, § 613(b), substituted “” for “”.
1998—Subsec. (a)(1)(D). Pub. L. 105–261, § 618, amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “reenlists or voluntarily extends his enlistment in a regular component of the service concerned for a period of at least three years;”.
Subsec. (b). Pub. L. 105–261, § 619, designated par. (1) as entire subsec. and struck out par. (2) which read as follows: “Of the bonuses paid under this section to members of a uniformed service during a fiscal year, not more than 10 percent may exceed $20,000.”
Subsec. (g). Pub. L. 105–261, § 613(b), substituted “” for “”.
1997—Subsec. (g). Pub. L. 105–85 substituted “” for “”.
1996—Subsec. (g). Pub. L. 104–201 substituted “” for “”.
Pub. L. 104–106 substituted “” for “”.
1994—Subsec. (g). Pub. L. 103–337 substituted “” for “”.
1993—Subsec. (g). Pub. L. 103–160 substituted “” for “”.
1992—Subsec. (g). Pub. L. 102–484 substituted “” for “”.
1991—Subsec. (c). Pub. L. 102–25 struck out “of this section” after “subsection (a)”.
1990—Subsec. (d). Pub. L. 101–510 designated existing provisions as par. (1) and added par. (2).
1989—Subsec. (a)(1). Pub. L. 101–189, § 611(a)(1), substituted “may be paid a bonus as provided in paragraph (2)” for “may 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 service, not to exceed six years, or $30,000, whichever is the lesser amount. Obligated service in excess of sixteen years will not be used for bonus computation”.
Subsec. (a)(2), (3). Pub. L. 101–189, § 611(a)(3), added pars. (2) and (3). Former par. (2) redesignated (4).
Subsec. (a)(4). Pub. L. 101–189, § 611(a)(2), redesignated former par. (2) as (4) and struck out “of this subsection” after “paragraph (1)(B)”.
1987—Subsec. (b)(1). Pub. L. 100–180, § 625(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Not less than 75 percent of the amount of a bonus under this section shall be paid in a lump sum at the beginning of the period for which the bonus is paid, with any remaining amount paid in equal annual installments.”
Subsec. (g). Pub. L. 100–180, § 626(a), substituted “” for “”.
1985—Subsec. (b)(1). Pub. L. 99–145 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Bonus payments authorized under this section may be paid in either a lump sum or in installments.”
1984—Subsec. (a)(1). Pub. L. 98–525, § 621(b)(1), substituted “$30,000” for “$20,000” in provisions following subpar. (D).
Subsec. (b). Pub. L. 98–525, § 621(b)(2), designated existing provisions as par. (1) and added par. (2).
Subsec. (g). Pub. L. 98–525, § 621(a), substituted “” for “”.
1983—Subsec. (g). Pub. L. 98–14 substituted “” for “”.
1982—Subsec. (g). Pub. L. 97–377 substituted “” for “”.
Pub. L. 97–276 substituted “” for “”. Notwithstanding directory language that amendment be made to section 308(g) of “title 35, United States Code”, amendment was executed to this section as the probable intent of Congress.
1981—Subsec. (e). Pub. L. 97–60 inserted provision that any unserved period of two years or less of an extension of an enlistment for which no bonus has been paid or for which no bonus is otherwise payable under this section may be considered as part of an immediately subsequent term of reenlistment (or as part of an immediately subsequent voluntary extension of an enlistment) and substituted “Secretary concerned” for “Secretary of the Navy” as authority authorized to prescribe regulations.
1980—Subsec. (a)(1). Pub. L. 96–342, § 804(a)(1), substituted “fourteen years” for “ten years” in subpar. (A) and, in provisions following subpar. (D), substituted “$20,000” for “$15,000” and “sixteen years” for “twelve years”.
Subsec. (e). Pub. L. 96–579 added subsec. (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 96–579 redesignated former subsec. (e) as (f). Former subsec. (f) redesignated (g).
Pub. L. 96–342, § 804(a)(2), substituted “” for “”.
Subsec. (g). Pub. L. 96–579 redesignated former subsec. (f) as (g).
1978—Subsec. (a). Pub. L. 95–485, § 802(a)(1), designated existing provision as par. (1) and existing pars. (1) to (4) thereof as subpars. (A) to (D), in subpar. (B) as so redesignated, substituted “qualified in a military skill designated as critical” for “designated as having a critical military skill”, and added par. (2).
Subsec. (f). Pub. L. 95–485, § 802(b), substituted “” for “”.
1977—Subsec. (d). Pub. L. 95–57, § 1(a), substituted “or a member who is not technically qualified in the skill for which a bonus was paid to him under this section (other than a member who is not qualified because of injury, illness, or other impairment not the result of his own misconduct) shall refund that percentage of the bonus, that the unexpired part of his additional obligated service is of the total reenlistment or extension period for which the bonus was paid” for “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”.
Subsec. (f). Pub. L. 95–57, § 1(b), substituted “” for “”.
1974—Pub. L. 93–277 amended section generally.
1968—Subsecs. (e), (g). Pub. L. 90–623 substituted “Secretary of Transportation” for “Secretary of the Treasury”.
1965—Subsec. (g). Pub. L. 89–132 added subsec. (g).
Amendment by Pub. L. 110–181 effective as of , and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.
Pub. L. 108–375, div. A, title VI, § 618(g), , 118 Stat. 1950, provided that:
“The amendment made by subsection (a)(2) [amending this section] shall apply only with respect to the computation of a bonus under
section 308(a)(2)(A) of title 37, United States Code, made on or after the date of the enactment of this Act [
Oct. 28, 2004].”
Pub. L. 108–136, div. A, title VI, § 626(d), , 117 Stat. 1508, provided that:
“The amendments made by this section [amending this section and sections 308b and 308h of this title] shall take effect as of
March 18, 2003, and apply with respect to reenlistments or the voluntary extension of enlistments that are entered into on or after that date.”
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
Pub. L. 106–65, div. A, title VI, § 618(c), , 113 Stat. 652, provided that:
“The amendments made by subsections (a) and (b) [amending this section] shall take effect on
October 1, 1999, and shall apply with respect to reenlistments and extensions of enlistments taking effect on or after that date.”
Pub. L. 103–160, div. A, title VI, § 613(h)(1), , 107 Stat. 1681, provided that:
“The amendments made by subsections (b) and (c) [amending this section and
section 308a of this title] shall take effect as of
September 30, 1993, and shall apply with respect to an enlistment, reenlistment, or extension of an enlistment described in section 308 or 308a of title 37, United States Code, occurring on or after that date.”
Pub. L. 101–510, div. A, title VI, § 615(b), , 104 Stat. 1578, provided that:
“The amendment made by subsection (a) [amending this section] shall apply with respect to any bonus paid under
section 308 of title 37, United States Code, to a person in connection with the reenlistment or extension of the term of enlistment of the person in the Armed Forces on or after the date of the enactment of this Act [
Nov. 5, 1990].”
Pub. L. 101–189, div. A, title VI, § 611(b), , 103 Stat. 1445, provided that:
“The amendments made by this section [amending this section] shall apply with respect to reenlistment and extension of enlistment agreements entered into under
section 308(a) of title 37, United States Code, after
September 30, 1989.”
Pub. L. 100–180, div. A, title VI, § 625(b), , 101 Stat. 1104 provided that:
“The amendment made by subsection (a) [amending this section] shall apply with respect to bonuses paid for reenlistment or extension of enlistment agreements entered into after
September 30, 1987.”
Pub. L. 99–145, title VI, § 631(b), , 99 Stat. 643, provided that:
“The amendment made by subsection (a) [amending this section] shall apply with respect to bonuses paid for reenlistments or extensions of enlistment effective after
September 30, 1986.”
Pub. L. 97–60, title I, § 117(d), , 95 Stat. 997, provided that:
“The amendments made by this section [enacting
section 308f of this title and amending this section and
section 308a of this title] shall apply to enlistments and reenlistments after the date of enactment of this Act [
Oct. 14, 1981].”
Pub. L. 96–342, title VIII, § 804(c), , 94 Stat. 1092, provided that:
“The amendments made by this section [amending this section and
section 308a of this title] shall only apply to enlistments, reenlistments, and extensions of enlistments made after
September 30, 1980.”
Amendment by Pub. L. 96–579 effective , see section 3(g) of Pub. L. 96–579, set out as an Effective Date note under section 301c of this title.
Pub. L. 95–485, title VIII, § 802(a)(2), , 92 Stat. 1619, provided that:
“The amendments made by paragraph (12) [amending this section] shall take effect on
October 1, 1978.”
Pub. L. 95–57, § 3, , 91 Stat. 253, provided that:
“The amendments made by this Act [amending this section and
section 308a of this title] shall become effective on
July 1, 1977.”
Pub. L. 93–277, § 4, , 88 Stat. 121, provided that:
“The amendments made by this Act [amending this section and
section 308a of this title and enacting provisions set out below] become effective on the first day of the month following the date of enactment [
May 10, 1974].”
Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on , see section 6 of Pub. L. 90–623, set out as a note under section 5334 of Title 5, Government Organization and Employees.
Amendment by Pub. L. 89–132 effective , see section 10 of Pub. L. 89–132, set out as a note under section 203 of this title.
For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before , under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.
For provisions relating to coverage of period of lapsed authority from , to , for payment of bonuses or other special pay under this section, see section 612(j)(2) of Pub. L. 102–484, set out as a note under section 301b of this title.
Pub. L. 100–180, div. A, title VI, § 626(c), , 101 Stat. 1104, provided that:
- “(1) The Secretary concerned, in the case of any person who during the period beginning on , and ending on the date of the enactment of this Act [] would have qualified for an agreement with the Secretary described in paragraph (2) but for the fact that the authority for the payment of bonuses provided by that section had lapsed, shall pay to that person a bonus under the terms of the appropriate section specified in that paragraph (and related regulations) as in effect on .
- “(2) An agreement referred to in paragraph (1) is an agreement with the Secretary for the payment of a bonus under section 308, 308a, 308b, 308c, 308e, 308f, 308g, 308h, or 308i of title 37, United States Code.”
Pub. L. 99–661, div. A, title VI, § 663(a), , 100 Stat. 3894, provided that:
“During fiscal year 1987, the Secretary concerned may not pay more than 50 percent of an amount paid to any person under
section 308 of title 37, United States Code, in a lump sum.”.
Pub. L. 93–277, § 3, , 88 Stat. 121, provided that:
“Notwithstanding
section 308 of title 37, United States Code, as amended by this Act, a member of a uniformed service on active duty on the effective date of this Act, who would have been eligible, at the end of his current or subsequent enlistment, for the reenlistment bonus prescribed in section 308(a) or (d) of that title, as it existed on the day before the effective date of this Act, shall continue to be eligible for the reenlistment bonus under that section as it existed on the day before the effective date of this act. If a member is also eligible for the reenlistment bonus prescribed in that section as amended by this Act, he may elect to receive either one of those reenlistment bonuses. However, a member’s eligibility under section 308(a) or (d) of that title, as it existed on the day before the effective date of this Act, terminates when he has received a total of $2,000 in reenlistment bonus payments, received under either section 308(a) or (d) of that title as it existed on the day before the effective date of this Act, or under section 308 of that title, as amended by this Act, or from a combination of both.”