Laws: Cases and Codes : U.S. Code : Title 37 : Section 316a


   
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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