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U.S. Code as of:
01/19/04
Section 436. High-deployment allowance: lengthy or numerous deployments; frequent mobilizations
(a) Monthly Allowance. - The Secretary of the military department
concerned shall pay a high-deployment allowance to a member of the
armed forces under the Secretary's jurisdiction for each month
during which the member -
(1) is deployed; and
(2) at any time during that month -
(A) has been deployed for 191 or more consecutive days (or a
lower number of consecutive days prescribed by the Secretary of
Defense, acting through the Under Secretary of Defense for
Personnel and Readiness);
(B) has been deployed, out of the preceding 730 days, for a
total of 401 or more days (or a lower number of days prescribed
by the Secretary of Defense, acting through the Under Secretary
of Defense for Personnel and Readiness); or
(C) in the case of a member of a reserve component, is on
active duty -
(i) under a call or order to active duty for a period of
more than 30 days that is the second (or later) such call or
order to active duty (whether voluntary or involuntary) for
that member in support of the same contingency operation; or
(ii) for a period of more than 30 days under a provision of
law referred to in section 101(a)(13)(B) of title 10, if such
period begins within one year after the date on which the
member was released from previous service on active duty for
a period of more than 30 days under a call or order issued
under such a provision of law.
(b) Definition of Deployed. - In this section, the term
"deployed", with respect to a member, means that the member is
deployed or in a deployment within the meaning of section 991(b) of
title 10 (including any definition of "deployment" prescribed under
paragraph (4) of that section).
(c) Rate. - The monthly rate of the allowance payable to a member
under this section shall be determined by the Secretary concerned,
not to exceed $1,000 per month.
(d) Payment of Claims. - A claim of a member for payment of the
high-deployment allowance that is not fully substantiated by the
recordkeeping system applicable to the member under section 991(c)
of title 10 shall be paid if the member furnishes the Secretary
concerned with other evidence determined by the Secretary as being
sufficient to substantiate the claim.
(e) Relationship to Other Allowances. - A high-deployment
allowance payable to a member under this section is in addition to
any other pay or allowance payable to the member under any other
provision of law.
(f) National Security Waiver. - No allowance may be paid under
this section to a member for any month during which the
applicability of section 991 of title 10 to the member is suspended
under subsection (d) of that section.
(g) Authority to Exclude Certain Duty Assignments. - The
Secretary concerned may exclude members serving in specified duty
assignments from eligibility for the high-deployment allowance
while serving in those assignments. Any such specification of duty
assignments may only be made with the approval of the Secretary of
Defense, acting through the Under Secretary of Defense for
Personnel and Readiness. Specification of a particular duty
assignment for purposes of this subsection may not be implemented
so as to apply to the member serving in that position at the time
of such specification.
(h) Payment From Operation and Maintenance Funds. - The monthly
allowance payable to a member under this section shall be paid from
appropriations available for operation and maintenance for the
armed force in which the member serves.
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