(a) Special Pay Authorized.— The Secretary concerned may pay monthly special pay under this section to a member of the armed forces who, 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 evacuated from the theater of the combat operation or from the combat zone for medical treatment.
(b) Commencement of Payment.— Subject to subsection (c), the special pay authorized by subsection (a) may be paid to a member described in such subsection for any month beginning after the date on which the member was evacuated from the theater of the combat operation or the combat zone in which the member incurred the combat-related injury.
(c) Termination of Payments.— The payment of special pay to a member under subsection (a) shall terminate at the end of the first month during which any of the following occurs:
(1)The member is paid a benefit under the traumatic injury protection rider of the Servicemembers’ Group Life Insurance Program issued under section
1980A of title
(2)The member receives notification of the eligibility of the member for a benefit under such traumatic injury protection rider and a period of 30 days expires after the date of such notification.
(3)The member is no longer hospitalized in a military treatment facility or a facility under the auspices of the military health care system.
(d) Amount of Special Pay.— The monthly amount of special pay paid to a member under this section shall be equal to $430, less any payment received by the member for the same month under section
310(b) of this title.
(e) Relationship to Other Pay and Allowances.— Special pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled or authorized to receive.
Pub. L. 109–163, div. A, title VI, § 642(d),Jan. 6, 2006, 119 Stat. 3306, provided that: “The Secretary of a military department may provide special pay under section
328 of title
37, United States Code, as added by subsection (a), for months beginning on or after the date of the enactment of this Act [Jan. 6, 2006]. A member of the Armed Forces who incurred a wound, injury, or illness under the circumstances described in subsection (a) of such section before the date of the enactment of this Act may receive such pay for such wound, injury, or illness for months beginning on or after that date so long as the member continues to satisfy the eligibility criteria specified in such section.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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