402 (b) 403 (a) 403(b) 403 (c)-(e) 403 (f) (1)-(5) 403 (g) (1) 403 (g) (2) 403 (h) (1)—(3). T. 10, 1073. T. 10, § 1076 (a), (c). T. 10, 1076(d). T. 10, § 1078 (a)—(c). T. 10, § 1077(a) (1)—(5). T. 10, § 1077 (a) (6), (b). 403 (h)(4) (A)—(C)__ T. 10, § 1077(c) (1)—(3). Section 15 of Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 502, provided in part that: "Laws enacted after January 9, 1962, that are inconsistent with this Act shall supersede it to the extent of the inconsistency." SAVINGS AND SEVERABILITY PROVISIONS Section 12 of Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 497, provided that: "(a) In sections 1-11 of this Act, it is the legislative purpose to restate, without substantive change, the law replaced by those sections on the effective date of this Act. However, laws effective after January 9, 1962, that are inconsistent with this Act, shall be considered as superseding it to the extent of the inconsistency. "(b) References that other laws, regulations, and orders make to the replaced law shall be considered to be made to the corresponding provisions of sections 1-11 of this Act. "(c) Actions taken under the replaced law shall be considered to have been taken under the corresponding provisions of sections 1-11 of this Act. "(d) If a part of this Act is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. "(e) The enactment of this Act does not increase or decrease the pay or allowances, including retired or retainer pay, of any person." RESTATEMENT OF SUSPENDED OR TEMPORARILY SUPERSEDED PROVISIONS Section 13 of Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 498, provided that: "If on the effective date of this Act [Nov. 1, 1962), a provision of law that is restated in this Act and repealed by section 14 would have been in a suspended or temporarily superseded status but for its repeal, the provisions of this Act that restate that provision have the same suspended or temporarily superseded status." REPEALS Section 14 of Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 498, repealed the sections or parts of sections of the Revised Statutes or Statutes at Large covering provisions codified in this title, "except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun before the effective date of this Act [Nov. 1, 1962] and except as provided in section 12." Sec. Chapter 1.-DEFINITIONS 101. Definitions. § 101. Definitions. In addition to the definitions in sections 1-5 of title 1, for the purposes of this title (1) "United States", in a geographic sense, means the States and the District of Columbia; (2) "possessions" includes the Canal Zone, Guam, American Samoa, and the guano islands; (3) "uniformed services" means the Army, Navy, Air Force, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service; (4) "armed forces" means the Army, Navy, Air Force, Marine Corps, and Coast Guard; (5) "Secretary concerned” means (A) the Secretary of the Army, with respect to matters concerning the Army; (B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy; (C) the Secretary of the Air Force, with respect to matters concerning the Air Force; (D) the Secretary of the Treasury, with respect to matters concerning the Coast Guard when it is not operating as a service in the Navy; (E) the Secretary of Commerce, with respect to matters concerning the Coast and Geodetic Survey; and (F) the Secretary of Health, Education, and Welfare, with respect to matters concerning the Public Health Service; (6) "National Guard" means the Army National Guard and the Air National Guard; (7) "Army National Guard" means that part of the organized militia of the several States, Puerto Rico, the Canal Zone, and the District of Columbia, active and inactive, that (A) is a land force; (B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution; (C) is organized, armed, and equipped wholly or partly at Federal expense; and (D) is federally recognized; (8) "Army National Guard of the United States" means the reserve component of the Army all of whose members are members of the Army National Guard; (9) "Air National Guard" means that part of the organized militia of the several States, Puerto Rico, the Canal Zone, and the District of Columbia, active and inactive, that (A) is an air force; (B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution; (C) is organized, armed, and equipped wholly or partly at Federal expense; and (D) is federally recognized; (10) "Air National Guard of the United States" means the reserve component of the Air Force all of whose members are members of the Air National Guard; (11) "officer" means commissioned or warrant officer; (12) "commissioned officer" includes a commissioned warrant officer; (13) "warrant officer" means a person who holds a commission or warrant in a warrant officer grade; (14) "enlisted member" means a person in an enlisted grade; (15) "grade" means a step or degree, in a graduated scale of office or rank, that is established and designated as a grade by law or regulation; (16) "rank" means the order of precedence among members of the uniformed services; (17) "rating" means the name (such as "boatswain's mate") prescribed for members of a uniformed service in an occupational field; "rate" means the name (such as "chief boatswain's mate") prescribed for members in the same rating or other category who are in the same grade (such as chief petty officer or seaman apprentice); (18) "active duty" means full-time duty in the active service of a uniformed service, and includes duty on the active list, full-time training duty, annual training duty, and attendance, while in the active service, at a school designated as a service school by law or by the Secretary concerned; (19) "active duty for a period of more than 30 days" means active duty under a call or order that does not specify a period of 30 days or less; (20) "active service" means service on active duty; (21) "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances; (22) "inactive-duty training" means (A) duty prescribed for members of a reserve component by the Secretary concerned under section 206 of this title or any other law; and (B) special additional duties authorized for members of a reserve component by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or main The definitions in clauses (1) and (2), (6)—(10), (14)-(21), and (24) reflect the adoption of terminology which, though undefined in the source statutes restated in this revised title, represent the closest practicable approximation of the ways in which the terms defined have been most commonly used, and so far as possible are identical to those used in title 10, United States Code, containing most of the basic law relating to the armed forces. In clause (3), the words "and all Regular and Reserve components thereof", in section 231 (a) of existing title 37, are omitted as surplusage. Section 231 (1) of existing title 37 is omitted as covered by section 1 of title 1. In clause (4), that part of section 32(a) of existing title 37 relating other than to the enumeration of the armed forces is omitted as unnecessary. Section 231(k) of existing title 37 is omitted, since throughout the revised title references to members of the Army or Air Force without specification of component are specifically included when necessary. In clause (11), the words "flight officer" are omitted as obsolete. Sectioin 231 (c) (last sentence) of existing title 37 is omitted as unnecessary. In clause (12), the definition of commissioned officer is broadened and restated to conform to the definition in section 101 (15) of title 10. Corresponding changes are made throughout the revised title to correspond to the definition. Clause (13), which is identical to section 101 (16) of title 10, is substituted for section 231(e) of existing title 37. The words "flight officer" are omitted as obsolete. Section 231 (h) of existing title 37 is omitted, since the defined term is not used in the revised title. Clause (22) is substituted for section 231(1) of existing title 37. In clause (23), section 231(b) (less 1st sentence) of existing title 37 is omitted as executed by the express coverage of members of the Fleet Reserve and Fleet Marine Corps Reserve. Pay Grade W-3_. W-2-- W-1_-_-__. Warrant Officer Grade Chief Warrant Officer, W-4. Chief Warrant Officer, W-3. Chief Warrant Officer, W-2. Warrant Officer, W-1. (e) An aviation cadet of the Navy, Air Force, or Marine Corps is entitled to monthly basic pay at the rate of 50 percent of the basic pay of a commissioned officer in pay grade O-1 with two or less years of service computed under section 205 of this title. (f) Unless he is entitled to the basic pay of a higher pay grade, an aviation pilot of the Naval Reserve, Marine Corps Reserve, or Coast Guard Reserve is entitled to monthly basic pay at the rate prescribed for pay grade E-5. (g) Except as provided by subsections (e) and (f) of this section, enlisted members of the uniformed services shall, for the purpose of computing their basic pay, be distributed by the Secretary concerned in the various enlisted pay grades set forth in section 203 of this title. However, except as provided by section 307 of this title, an enlisted member may not be placed in pay grade E-8 or E-9 until he has completed at least 8 years or 10 years, respectively, of enlisted service computed under section 205 of this title. (Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 453, amended Pub. L. 88–132, § 3(a), Oct. 2, 1963, 77 Stat. 212.) HISTORICAL AND REVISION NOTES Guard, and Public Health Service grade Marine Corps Coast and Geodetic Survey (b) A contract surgeon who is serving full time with a uniformed service is entitled to the basic pay of a commissioned officer in pay grade O-3 with over four, but not more than six, years of service computed under section 205 of this title. (c) A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, or a midshipman at the United States Naval Academy, is entitled to monthly pay at the rate of 50 percent of the basic pay of a commissioned officer in pay grade O-1 with two or less years of service computed under section 205 of this title. (d) For the purpose of computing their basic pay, warrant officers of the armed forces are assigned, by the warrant officer grade in which serving, to the following pay grades: Source (Statutes at Large) Oct. 12, 1949, ch. 681, §201(b). restated May 20, 1958, Pub. L. 85-422, 1(2), 72 Stat; 124. Oct. 12, 1949, ch. 681, § 504 (as applicable to basic pay), 63 Stat. 827. Oct. 12, 1949, ch. 681, § 508 (as applicable to pay), 63 Stat. 828; May 19, 1952, ch. 310, § 1(e), 66 Stat. 80; Mar. 31, 1955, ch. 20, § 2(14), 69 Stat. 22. [None.] Oct. 12, 1949, ch. 681, 201(e); added Mar. 31, 1955, ch. 20, § 2(3), 69 Stat. 19. [None.] [None.] Oct. 12, 1949, ch. 681, § 201(c) (less last sentence), 63 Stat. 807; redesignated as "(c)" by Mar. 31, 1955, ch. 20, §2(2), 69 Stat. 19; May 20, 1958, Pub. L. 85-422, § 1(3) (first sentence), 72 Stat. 124. In subsection (a), the words "whether under temporary or permanent appointment" are omitted as surplusage. The words "the following pay grades" are substituted for the words "the various pay grades prescribed for commissioned officers by subsection (a) of this section, as follows". The words “(other than a commissioned warrant officer)" are inserted to conform to the definition of "warrant officer" in section 101 (13) of this revised title. In subsection (b), the words "with two or less years of service computed under section 205 of this title" are substituted for the word "minimum". In subsections (c) and (e), the words "with two or less years of service computed under section 205 of this title" are substituted for the words "with under two cumulative years' service" and "with under two cumulative years of service", in sections 308 and 232(e), respectively, of existing title 37. In subsection (e), the words "enlisted or appointed under the Army Aviation Cadet Act, as amended, or under the Naval Aviation Cadet Act of 1942, as amended" are omitted as obsolete and surplusage. Both of the cited acts were repealed by section 53 of the Act of August 10, 1956, ch. 1041 (70A Stat. 641), and replaced by various sections of title 10. Further reference is surplusage, however, since aviation cadets are not appointed or enlisted under any provision of law other than the sections of title 10 embodying the former Army Aviation Cadet Act and the Naval Aviation Cadet Act of 1942. The word "basic" is inserted for clarity, since the word "pay" as defined in section 101 (21) of this revised title includes special and incentive pays. Incentive pay for aviation cadets is provided in section 301(b) of this revised title. In subsection (f), the words "While on active duty", in section 6915(f) of title 10 and section 758a(f) of title 14, are omitted as covered by section 204 of this title which prescribes the conditions under which members of the uniformed services are entitled to basic pay. The words "Unless he is entitled to the basic pay of a higher pay grade" are substituted for the words "or that of his grade, whichever is greater" in section 6915(f) of title 10 and section 758a (f) of title 14. In subsection (g), the words "Except as provided by subsections (e) and (f)" are inserted to reflect those subsections relating to enlisted aviation cadets or aviation pilots. AMENDMENTS 1963-Subsec. (b). Pub. L. 88-132 substituted "0-3 with over four, but not more than six," for "O-2 with two or less." EFFECTIVE DATE OF 1963 AMENDMENT Section 14 of Pub. L. 88-132 provided that: "This Act [see Short Title note under this section] becomes effective on October 1, 1963." SHORT TITLE Section 1 of Pub. L. 88-132 provided: "That this Act [enacting sections 310 and 427 of this title and section 1401a of Title 10; amending sections 201, 203, 301, 302, 305, 403, and 421 of this title, sections 1401, 1402, 3991, 6151, 6223, 6325-6327, 6381, 6383, 6390, 6394, 6396, 6398 6400, 6483, and 8991 of Title 10, section 423 of Title 14, section 857a of Title 33 and section 213a of Title 42; repealing section 6149 of Title 10 and sections 2351-2356 of Title 50, Appendix; and enacting provisions set out as notes under sections 201, 203, and 305 of this title, section 1402 of Title 10 and section 411 of Title 38] may be cited as the 'Uniformed Services Pay Act of 1963'." § 202. Pay grades: assignment to; rear admirals of upper half; officers holding certain positions in the Navy. (a) An officer not restricted in the performance of duty on the active list in the line of the Navy serving in the grade of rear admiral is entitled to the basic pay of a rear admiral of the upper half from the date on which the number of officers not restricted in the performance of duty on the active list in the line of the Navy serving in the grade of rear admiral below him on the lineal list becomes equal to or greater than the number of such officers above him on the lineal list. For the purpose of determining the number of rear admirals of the upper half, an officer not restricted in the performance of duty on the active list in the line of the Navy serving in the grade of admiral or vice admiral is considered as having the grade and position on the lineal list he would have if he had not been appointed admiral or vice admiral. (b) An officer restricted in the performance of duty on the active list in the line of the Navy serving in the grade of rear admiral is entitled to the basic pay of a rear admiral of the upper half from the date on which any officer below him on the lineal list becomes entitled to that pay under subsection (a) of this section. (c) An officer on the active list of the Navy in a staff corps serving in the grade of rear admiral is entitled to the basic pay of a rear admiral of the upper half from the date on which his running mate becomes entitled to that pay under this section, but not before the date of the vacancy he was promoted to fill. (d) A rear admiral of the Naval Reserve entitled to basic pay is entitled to the basic pay of a rear admiral of the upper half when any officer on the active list in the line of the Navy junior to him is in the upper half of the grade of rear admiral as determined under subsection (a) of this section. (e) An officer of the Navy or the Coast Guard holding a permanent appoinment in the grade of rear admiral on the retired list who is entitled to the basic pay of a rear admiral of the lower half and who, in time of war or national emergency, has served satisfactorily on active duty for two years in that grade or in a higher grade is entitled when on active duty to the basic pay of a rear admiral of the upper half. (f) Except for those whose basic pay is otherwise specifically authorized by law, the number of rear admirals on the active list of the Coast Guard entitled to the basic pay of a rear admiral of the upper half is one-half of the number of officers on the active list in that grade. If that division results in an odd number, the odd number shall be placed in the upper half. However, an officer who is entitled to the basic pay of a rear admiral of the upper half may not have his basic pay reduced solely because the number of rear admirals is reduced. (g) Unless appointed to a higher grade under another provision of law, an officer of the Marine Corps, while serving as Judge Advocate General of the Navy or as Chief of the Bureau of Naval Weapons, is entitled to the basic pay of a major general. (h) Unless appointed to a higher grade under another provision of law, an officer of the naval service who is serving in one of the following positions is entitled to the basic pay of a rear admiral of the upper half (1) Director of Budget and Reports; (3) Chief of a Bureau; (4) Chief of the Dental Division in the Bureau of Medicine and Surgery; (5) Chief of Chaplains; (6) Judge Advocate General of the Navy; or (7) Chief of Naval Research. (i) An officer of the naval service who is serving in one of the following positions is entitled to the highest pay of his rank (1) Assistant Director of Budget and Reports: (2) detailed to duty as a Deputy Chief of a Bureau; (3) detailed as Assistant Judge Advocate General of the Navy; (4) Assistant Chief of Naval Research; or Corps. (j) An officer on the active list of the Navy in the grade of rear admiral who is serving as Deputy Comptroller of the Navy is entitled to the basic pay of a rear admiral of the upper half. (Pub. L. 87649, Sept. 7, 1962, 76 Stat. 454.) |