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

(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 Notes

Amendments

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