U.S. Code » Title 37 » Chapter CHAPTER 3— BASIC PAY

37 U.S.C. § 212

Advancement of basic pay: members deployed in combat zone for more than one year

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(a)Eligibility; Amount Advanced.—If a member of the armed forces is assigned to duty in an area for which special pay under section 310, or paragraph (1) or (3) of section 351(a), of this title is available and the assignment is pursuant to orders specifying an assignment of one year or more (or the assignment is extended beyond one year), the member may request, during the period of the assignment, the advanced payment of not more than three months of the basic pay of the member.(b)Consideration of Request.—A request by a member described in subsection (a) for the advanced payment of a single month of basic pay shall be granted. The Secretary concerned may grant a member’s request for a second or third month of advanced basic pay during the assignment upon a showing of financial hardship.(c)Recoupment of Advanced Pay.—The Secretary concerned shall recoup an advance made on the basic pay of a member under this section in equal installments over a one-year period beginning as provided in subsection (d). If the member is serving on active duty for any month during the recoupment period, the amount of the installment for the month shall be deducted from the basic pay of the member for that month. The estate of a deceased member shall not be required to repay any portion of the advanced pay paid to the member and not repaid before the death of the member.(d)Commencement of Recoupment.—The recoupment period for an advancement of basic pay to a member under this section shall commence on the first day of the first month beginning on or after the date on which the member receives the advanced pay.(Added Pub. L. 108–375, div. A, title VI, § 606(a), Oct. 28, 2004, 118 Stat. 1945; amended Pub. L. 114–328, div. A, title VI, § 618(h)(1), Dec. 23, 2016, 130 Stat. 2160.)Editorial NotesAmendments

2016—Subsec. (a). Pub. L. 114–328 inserted “, or paragraph (1) or (3) of section 351(a),” after “section 310”.

Notes of Decisions
Cited in 3 cases, 1958–2010 · leading case: Johnson v. Johnson, 239 P.3d 393 (Alaska 2010).
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Johnson v. Johnson, 239 P.3d 393 (Alaska 2010). “Sam cites, among other statutes, 37 U.S.C. § 212 (2006) and 10 U.S.C. § 1408 (a) (2006).”
United States v. Robson, 164 F. Supp. 80 (N.D. Ohio 1958). “Careful consideration has been given to the matters and issues involved in the trial of this case, with the result that the court is of the opinion the Government should prevail for the reason that I think the matter is controlled by 37 U.S. C. § 212, 1 which provides: “The…”
Harold M. Arnold v. The United States, 404 F.2d 953 (Ct. Cl. 1968). “381 , 384 ( 37 U.S.C. § 212 (1946)), authorized the Secretary of the service to determine all facts, including the fact of dependency, as to enlisted personnel only, and his determination was final and conclusive and not subject to review by courts or accounting officers.”
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