37 U.S.C. § 310 : US Code - Section 310: Special pay: duty subject to hostile fire or imminent danger

Search 37 U.S.C. § 310 : US Code - 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 $225 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. - (1) A member described
in paragraph (2) may be paid special pay under this section for not
more than three additional months during which the member is
hospitalized as described in such paragraph.
(2) Paragraph (1) applies with respect to a member who -
(A) is injured or wounded under the circumstances described in
subsection (a)(2)(C) and is hospitalized for the treatment of the
injury or wound; or
(B) while in the line of duty, incurs a wound, injury, or
illness in a combat operation or combat zone designated by the
Secretary of Defense and is hospitalized outside of the theater
of the combat operation or the combat zone for the treatment of
the wound, injury, or illness.
(c) Limitations and Administration. - (1) In the case of an area
described in subparagraph (B) or (D) of subsection (a)(2), the
Secretary of Defense shall be responsible for designating the
period during which duty in the area will qualify members for
special pay under this section. The effective date designated for
the commencement of such a period may be a date occurring before,
on, or after the actual date on which the Secretary makes the
designation. If the commencement date for such a period is a date
occurring before the date on which the Secretary makes the
designation, the payment of special pay under this section for the
period between the commencement date and the date on which the
Secretary makes the designation shall be subject to the
availability of appropriated funds for that purpose.
(2) 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.
(3) 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.