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U.S. Code as of:
01/19/04
Section 310. Special pay: duty subject to hostile fire or imminent danger
(a) Eligibility and Special Pay Amount. - Under regulations
prescribed by the Secretary of Defense, a member of a uniformed
service may be paid special pay at the rate of $150 for any month
in which -
(1) the member was entitled to basic pay or compensation under
section 204 or 206 of this title; and
(2) the member -
(A) was subject to hostile fire or explosion of hostile
mines;
(B) was on duty in an area in which the member was in
imminent danger of being exposed to hostile fire or explosion
of hostile mines and in which, during the period the member was
on duty in the area, other members of the uniformed services
were subject to hostile fire or explosion of hostile mines;
(C) was killed, injured, or wounded by hostile fire,
explosion of a hostile mine, or any other hostile action; or
(D) was on duty in a foreign area in which the member was
subject to the threat of physical harm or imminent danger on
the basis of civil insurrection, civil war, terrorism, or
wartime conditions.
(b) Continuation During Hospitalization. - A member covered by
subsection (a)(2)(C) who is hospitalized for the treatment of the
injury or wound may be paid special pay under this section for not
more than three additional months during which the member is so
hospitalized.
(c) Limitations and Administration. - (1) A member may not be
paid more than one special pay under this section for any month. A
member may be paid special pay under this section in addition to
any other pay and allowances to which he may be entitled.
(2) A member of a reserve component who is eligible for special
pay under this section for a month shall receive the full amount
authorized in subsection (a) for that month regardless of the
number of days during that month on which the member satisfies the
eligibility criteria specified in such subsection.
(d) Determinations of Fact. - Any determination of fact that is
made in administering this section is conclusive. Such a
determination may not be reviewed by any other officer or agency of
the United States unless there has been fraud or gross negligence.
However, the determination may be changed on the basis of new
evidence or for other good cause.
(e) Temporary Increase in Authorized Amount of Special Pay. - For
the period beginning on October 1, 2003, and ending on December 31,
2004, the rate of pay authorized by subsection (a) shall be
increased to $225.
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