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U.S. Code as of:
01/19/04
Section 326. Incentive bonus: conversion to military occupational specialty to ease personnel shortage
(a) Incentive Bonus Authorized. - The Secretary concerned may pay
a bonus under this section to an eligible member of the armed
forces who executes a written agreement to convert to, and serve
for a period of not less than three years in, a military
occupational specialty for which there is a shortage of trained and
qualified personnel.
(b) Eligible Members. - A member is eligible to enter into an
agreement under subsection (a) if -
(1) the member is entitled to basic pay; and
(2) at the time the agreement is executed, the member is
serving in -
(A) pay grade E-6, with not more than 10 years of service
computed under section 205 of this title; or
(B) pay grade E-5 or below, regardless of years of service.
(c) Amount and Payment of Bonus. - (1) A bonus under this section
may not exceed $4,000.
(2) A bonus payable under this section shall be disbursed in one
lump sum when the member's conversion to the military occupational
specialty is approved by the chief personnel officer of the
member's armed force.
(d) Relationship to Other Pay and Allowances. - A bonus paid to a
member under this section is in addition to any other pay and
allowances to which the member is entitled.
(e) Repayment of Bonus. - (1) A member who receives a bonus under
this section and who, voluntarily or because of misconduct, fails
to serve in such military occupational specialty for the period
specified in the agreement executed under subsection (a) shall
refund to the United States an amount that bears the same ratio to
the bonus amount paid to the member as the unserved part of such
period bears to the total period agreed to be served.
(2) An obligation to reimburse the United States imposed under
paragraph (1) is, for all purposes, a debt owed to the United
States.
(3) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of the agreement for which a
bonus was paid under this section shall not discharge the person
signing such agreement from the debt arising under paragraph (1).
(4) Under regulations prescribed pursuant to subsection (f), the
Secretary concerned may waive, in whole or in part, a refund
required under paragraph (1) if the Secretary determines that
recovery would be against equity and good conscience or would be
contrary to the best interests of the United States.
(f) Regulations. - The Secretaries concerned shall prescribe
regulations to carry out this section. Regulations prescribed by
the Secretary of a military department shall be subject to the
approval of the Secretary of Defense.
(g) Termination of Authority. - No agreement under this section
may be entered into after December 31, 2006.
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