37 U.S.C. § 308
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).
37 U.S.C. § 308
| 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. |
EDITORIAL NOTES
AMENDMENTS2017-Subsec. (g). Pub. L. 115-91 substituted "December 31, 2018" for "December 31, 2017".2016-Subsec. (g). Pub. L. 114-328 substituted "December 31, 2017" for "December 31, 2016". 2015-Subsec. (g). Pub. L. 114-92 substituted "December 31, 2016" for "December 31, 2015".2014-Subsec. (g). Pub. L. 113-291 substituted "December 31, 2015" for "December 31, 2014".2013-Subsec. (g). Pub. L. 113-66 substituted "December 31, 2014" for "December 31, 2013". Pub. L. 112-239 substituted "December 31, 2013" for "December 31, 2012". 2011-Subsec. (g). Pub. L. 112-81 substituted "December 31, 2012" for "December 31, 2011". Pub. L. 111-383 substituted "December 31, 2011" for "December 31, 2010". 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 "December 31, 2010" for "December 31, 2009".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 "December 31, 2009" for "December 31, 2008". Pub. L. 110-181 substituted "December 31, 2008" for "December 31, 2007". 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 "December 31, 2007" for "December 31, 2006". Pub. L. 109-163, §624(c), substituted "December 31, 2006" for "December 31, 2005".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 "December 31, 2005" for "December 31, 2004".2003-Subsec. (a)(5). Pub. L. 108-136, §626(a), added par. (5).Subsec. (g). Pub. L. 108-136, §614(b), substituted "December 31, 2004" for "December 31, 2003".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 "December 31, 2003" for "December 31, 2002". 2001-Subsec. (g). Pub. L. 107-107 substituted "December 31, 2002" for "December 31, 2001".2000-Subsec. (g). Pub. L. 106-398 substituted "December 31, 2001" for "December 31, 2000".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 "December 31, 2000" for "December 31, 1999".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 "December 31, 1999" for "September 30, 1999".1997-Subsec. (g). Pub. L. 105-85 substituted "September 30, 1999" for "September 30, 1998".1996-Subsec. (g). Pub. L. 104-201 substituted "September 30, 1998" for "September 30, 1997". Pub. L. 104-106 substituted "September 30, 1997" for "September 30, 1996".1994-Subsec. (g). Pub. L. 103-337 substituted "September 30, 1996" for "September 30, 1995". 1993-Subsec. (g). Pub. L. 103-160 substituted "September 30, 1995" for "September 30, 1993".1992-Subsec. (g). Pub. L. 102-484 substituted "September 30, 1993" for "September 30, 1992".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 "September 30, 1992" for "September 30, 1987".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 "September 30, 1987" for "September 30, 1984".1983-Subsec. (g). Pub. L. 98-14 substituted "September 30, 1984" for "March 31, 1983". 1982-Subsec. (g). Pub. L. 97-377 substituted "March 31, 1983" for "December 17, 1982". Pub. L. 97-276 substituted "December 17, 1982" for "September 30, 1982". 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 "September 30, 1982" for "September 30, 1980".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 "September 30, 1980" for "September 30, 1978". 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 "September 30, 1978" for "June 30, 1977".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).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110-181 effective as of Dec. 31, 2007, 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.
EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108-375, div. A, title VI, §618(g), Oct. 28, 2004, 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]."
EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108-136, div. A, title VI, §626(d), Nov. 24, 2003, 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."
EFFECTIVE DATE OF 2002 AMENDMENT 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.
EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106-65, div. A, title VI, §618(c), Oct. 5, 1999, 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."
EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103-160, div. A, title VI, §613(h)(1), Nov. 30, 1993, 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."
EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101-510, div. A, title VI, §615(b), Nov. 5, 1990, 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]."
EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101-189, div. A, title VI, §611(b), Nov. 29, 1989, 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."
EFFECTIVE DATE OF 1987 AMENDMENTPub. L. 100-180, div. A, title VI, §625(b), Dec. 4, 1987, 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."
EFFECTIVE DATE OF 1985 AMENDMENTPub. L. 99-145, title VI, §631(b), Nov. 8, 1985, 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."
EFFECTIVE DATE OF 1981 AMENDMENTPub. L. 97-60, title I, §117(d), Oct. 14, 1981, 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]."
EFFECTIVE DATE OF 1980 AMENDMENTSPub. L. 96-342, title VIII, §804(c), Sept. 8, 1980, 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 Jan. 1, 1981, see section 3(g) of Pub. L. 96-579 set out as an Effective Date note under section 301c of this title.
EFFECTIVE DATE OF 1978 AMENDMENTPub. L. 95-485, title VIII, §802(a)(2), Oct. 20, 1978, 92 Stat. 1619, provided that: "The amendments made by paragraph (12) [amending this section] shall take effect on October 1, 1978."
EFFECTIVE DATE OF 1977 AMENDMENTPub. L. 95-57, §3, June 29, 1977, 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."
EFFECTIVE DATE OF 1974 AMENDMENTPub. L. 93-277, §4, May 10, 1974, 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]."
EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-623 set out as a note under section 5334 of Title 5, Government Organization and Employees.
EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89-132 effective Sept. 1, 1965, see section 10 of Pub. L. 89-132 set out as a note under section 203 of this title.
SAVINGS PROVISIONFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, 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.
COVERAGE OF PERIOD OF LAPSED AUTHORITY For provisions relating to coverage of period of lapsed authority from Oct. 1, 1992, to Oct. 23, 1992, 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), Dec. 4, 1987, 101 Stat. 1104, provided that: "(1) The Secretary concerned, in the case of any person who during the period beginning on October 1, 1987, and ending on the date of the enactment of this Act [Dec. 4, 1987] 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 September 30, 1987."(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."
COST REDUCTIONS FOR FISCAL YEAR 1987; SELECTIVE REIMBURSEMENT BONUSPub. L. 99-661, div. A, title VI, §663(a), Nov. 14, 1986, 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.".
OPTIONAL CHOICE OF REENLISTMENT BONUS Pub. L. 93-277, §3, May 10, 1974, 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."