§308i. Special pay: prior service enlistment bonus

(a)(1) A person who is a former enlisted member of an armed force who enlists in the Selected Reserve of the Ready Reserve of an armed force for a period of three or six years in a critical military skill designated for such a bonus by the Secretary concerned and who meets the requirements of paragraph (2) may be paid a bonus as prescribed in subsection (b).

(2) A bonus may only be paid under this section to a person who-

(A) has completed his military service obligation but has less than 10 years of total military service;

(B) has received an honorable discharge at the conclusion of military service;

(C) is not being released from active service for the purpose of enlistment in a reserve component; and

(D) has not previously been paid a bonus for enlistment, reenlistment, or extension of enlistment in a reserve component.

(b) The bonus to be paid under subsection (a) shall be-

(1) an initial payment of-

(A) an amount not to exceed $1,250, in the case of a member who enlists for a period of three years; or

(B) an amount not to exceed $2,500, in the case of a member who enlists for a period of six years; and

(2) a subsequent payment of an amount not to exceed $416.66 upon the completion of each year of the period of such reenlistment or extension of enlistment during which such member has satisfactorily participated in unit training.

(c) A member may not be paid more than one bonus under this section and may not be paid a bonus under this section unless the specialty associated with the position the member is projected to occupy is a specialty in which the member successfully served while on active duty and attained a level of qualification commensurate with the member's grade and years of service.

(d) A person who receives a bonus payment under this section and who fails during the period for which the bonus was paid to serve satisfactorily in the element of the Selected Reserve of the Ready Reserve with respect to which the bonus was paid shall refund to the United States an amount that bears the same relation to the amount of the bonus paid to such person as the period that such person failed to serve satisfactorily bears to the total period for which the bonus was paid.

(e) An obligation to reimburse the United States imposed under subsection (d) is, for all purposes, a debt owed to the United States.

(f) Under regulations prescribed pursuant to subsection (h), the Secretary concerned may remit or cancel the whole or any part of an obligation to reimburse the United States imposed under subsection (d).

(g) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an enlistment for which a bonus was paid under this section shall not discharge the person receiving such bonus payment from the debt arising under subsection (d). This subsection applies to any case commenced under title 11 after September 30, 1985.

(h) This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Transportation for the Coast Guard when the Coast Guard is not operating as a service in the Navy.

(i) No bonus may be paid under this section to any person for an enlistment after September 30, 1996.

(Added Pub. L. 99–145, title VI, §644(a)(1), Nov. 8, 1985, 99 Stat. 652 ; amended Pub. L. 100–26, §8(d)(4), Apr. 21, 1987, 101 Stat. 285 ; Pub. L. 100–180, div. A, title VI, §626(b), Dec. 4, 1987, 101 Stat. 1104 ; Pub. L. 101–189, div. A, title VI, §613, Nov. 29, 1989, 103 Stat. 1446 ; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117 ; Pub. L. 102–484, div. A, title VI, §612(d), title XI, §1136, Oct. 23, 1992, 106 Stat. 2421 , 2541; Pub. L. 103–160, div. A, title VI, §612(e), Nov. 30, 1993, 107 Stat. 1680 ; Pub. L. 103–337, div. A, title VI, §611(e), Oct. 5, 1994, 108 Stat. 2783 .)

Amendments

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

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

1992-Subsec. (c). Pub. L. 102–484, §1136, inserted before period at end "and may not be paid a bonus under this section unless the specialty associated with the position the member is projected to occupy is a specialty in which the member successfully served while on active duty and attained a level of qualification commensurate with the member's grade and years of service".

Subsec. (i). Pub. L. 102–484, §612(d), substituted "September 30, 1993" for "September 30, 1992".

1991-Subsecs. (e) to (g). Pub. L. 102–25 struck out "of this section" wherever appearing.

1989-Subsec. (i). Pub. L. 101–189 substituted "September 30, 1992" for "September 30, 1990".

1987-Subsec. (b)(1)(B). Pub. L. 100–26 inserted a comma after "$2,500".

Subsec. (i). Pub. L. 100–180 substituted "September 30, 1990" for "September 30, 1987".

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–160 effective as of Sept. 30, 1993, and applicable with respect to an enlistment, reenlistment, or extension of an enlistment described in this section or section 308b, 308c, or 308h of this title occurring on or after that date, see section 612(f) of Pub. L. 103–160, set out as a note under section 308b of this title.

Effective Date

Section 644(b) of Pub. L. 99–145 provided that: "The amendments made by subsection (a) [enacting this section] shall take effect on October 1, 1985."

Coverage of Period of Lapsed Authority

For provisions relating to coverage of period of lapsed authority from Oct. 1, 1992, to Oct. 23, 1992, for payment of bonuses or other special pay under this section, see section 612(j)(2) of Pub. L. 102–484, set out as a note under section 301b of this title.

Section Referred to in Other Sections

This section is referred to in title 10 section 227.