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U.S. Code as of:
01/19/04
Section 316a. Waiver of certification requirement
(a) Certification Interrupted by Contingency Operation. - (1) A
member of the armed forces described in subsection (b) shall be
paid special pay under section 316 of this title for the active
duty performed by that member during the period described in
paragraph (2) if -
(A) the member was assigned to duty in connection with a
contingency operation;
(B) the Secretary concerned (under regulations prescribed by
the Secretary of Defense) determines that the member was unable
to schedule or complete the certification required for
eligibility for the special pay under that section because of
that duty;
(C) except for not meeting the certification requirement in
that section, the member was otherwise eligible for that special
pay for that active duty; and
(D) the member completes the certification requirement
specified in that section before the end of the period
established for the member in subsection (c).
(2) The period for which a member may be paid special pay for
active duty pursuant to paragraph (1) is the period beginning on
the date on which the member was assigned to the duty referred to
in subparagraph (A) of that paragraph and ending on the date of the
member's certification referred to in subparagraph (D) of that
paragraph.
(b) Eligible Member Described. - A member of the armed forces
referred to in subsection (a) is a member who meets the requirement
referred to in section 316(a)(3) of this title.
(c) Period for Certification. - The period referred to in
subparagraph (D) of subsection (a)(1) with respect to a member of
the armed forces is the 180-day period beginning on the date on
which the member was released from the duty referred to in that
subsection. The Secretary concerned may extend that period for a
member in accordance with regulations prescribed by the Secretary
of Defense.
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