§308f. Special pay: bonus for enlistment in the Army

(a) Under regulations prescribed by the Secretary of the Army, a person-

(1) who is a high school graduate (or has received a high school education equivalency certificate);

(2) whose score on the Armed Forces Qualification Test is at or above the fiftieth percentile; and

(3) who enlists in the Army for a period of at least 3 years in a skill designated as critical,

may be paid a bonus in an amount prescribed by the Secretary of the Army not to exceed $4,000. The bonus may be paid in a lump sum or in equal periodic installments, as determined by the Secretary of the Army.

(b)(1) Under regulations prescribed by the Secretary of the Army, a person who voluntarily, or because of his misconduct, does not complete the term of enlistment for which a bonus was paid to him under this section, or a person who is not technically qualified in the skill for which a bonus was paid to him under this section (other than a person who is not qualified because of injury, illness, or other impairment not the result of his own misconduct), shall refund to the United States that percentage of the bonus that the unexpired part of his enlistment is of the total enlistment period for which the bonus was paid.

(2) An obligation to reimburse the United States imposed under paragraph (1) is for all purposes a debt owed to the United States.

(3) A discharge in bankruptcy under title 11 that is entered less than 5 years after the termination of an agreement under this section does not discharge the member signing such agreement from a debt arising under such agreement or under paragraph (1). This paragraph applies to any case commenced under title 11 after September 30, 1981.

(c) No bonus may be paid under this section with respect to an enlistment in the Army after September 30, 1996.

(Added Pub. L. 97–60, title I, §117(c)(1), Oct. 14, 1981, 95 Stat. 996 ; amended Pub. L. 98–14, §2, Mar. 30, 1983, 97 Stat. 55 ; Pub. L. 98–525, title VI, §621(a), Oct. 19, 1984, 98 Stat. 2540 ; Pub. L. 100–180, div. A, title VI, §626(a), Dec. 4, 1987, 101 Stat. 1104 ; Pub. L. 102–25, title VII, §702(b)(2), Apr. 6, 1991, 105 Stat. 117 ; Pub. L. 103–160, div. A, title VI, §613(e), Nov. 30, 1993, 107 Stat. 1681 ; Pub. L. 103–337, div. A, title VI, §613(c), Oct. 5, 1994, 108 Stat. 2783 .)

Amendments

1994-Subsec. (c). Pub. L. 103–337 substituted "September 30, 1996" for "September 30, 1995".

1993-Subsec. (c). Pub. L. 103–160 substituted "September 30, 1995" for "September 30, 1992".

1991-Subsec. (b)(2), (3). Pub. L. 102–25 struck out "of this subsection" after "paragraph (1)".

1987-Subsec. (c). Pub. L. 100–180 substituted "September 30, 1992" for "September 30, 1987".

1984-Subsec. (c). Pub. L. 98–525 substituted "September 30, 1987" for "September 30, 1984".

1983-Subsec. (c). Pub. L. 98–14 substituted "September 30, 1984" for "September 30, 1983".

Effective Date of 1993 Amendment

Section 613(h)(3) of Pub. L. 103–160 provided that: "The amendment made by subsection (e) [amending this section] shall take effect as of September 30, 1992, and shall apply with respect to an enlistment in the Army described in section 308f of title 37, United States Code, occurring on or after that date."

Effective Date

Section applicable to enlistments and reenlistments after Oct. 14, 1981, see section 117(d) of Pub. L. 97–60, set out as an Effective Date of 1981 Amendment note under section 308 of this title.

Section Referred to in Other Sections

This section is referred to in title 10 section 227.