§ 203. Rates

§ 203. Rates

(a)

(1) The rates of monthly basic pay for members of the uniformed services within each pay grade are those prescribed in accordance with section 1009 of this title or as otherwise prescribed by law.

(2) Notwithstanding the rates of basic pay in effect at any time as provided by law, the rates of basic pay payable for commissioned officers in pay grades O–7 through O–10 may not exceed the monthly equivalent of the rate of pay for level II of the Executive Schedule, and the rates of basic pay payable for all other officers and for enlisted members may not exceed the monthly equivalent of the rate of pay for level V of the Executive Schedule.

(b) While serving as a permanent professor at the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy or as a member of the permanent commissioned teaching staff at the United States Coast Guard Academy, an officer who has over 36 years of service computed under section 205 of this title is, in addition to the pay and allowances to which he is otherwise entitled under this title, entitled to additional pay in the amount of $250 a month. This additional pay may not be used in the computation of retired pay.

(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 cadet pay, or midshipman pay, at the monthly rate equal to 35 percent of the basic pay of a commissioned officer in the pay grade O–1 with less than two years of service.

(d)

(1) The basic pay of a commissioned officer who is in pay grade O–1, O–2, or O–3 and who is credited with a total of over four years’ service described in paragraph (2) shall be computed in the same manner as the basic pay of a commissioned officer in the same pay grade who has been credited with over four years’ active service as an enlisted member.

(2) Service to be taken into account for purposes of computing basic pay under paragraph (1) is as follows:

(A) Active service as a warrant officer or as a warrant officer and an enlisted member.

(B) Service as a warrant officer, as an enlisted member, or as a warrant officer and an enlisted member, for which at least 1,460 points have been credited to the officer for the purposes of section 12732(a)(2) of title 10.

(e)

(1) A student at the United States Military Academy Preparatory School, the United States Naval Academy Preparatory School, or the United States Air Force Academy Preparatory School who was selected to attend the preparatory school from civilian life is entitled to monthly student pay at the same rate as provided for cadets and midshipmen under subsection (c).

(2) A student at a preparatory school referred to in paragraph (1) who, at the time of the student’s selection to attend the preparatory school, was an enlisted member of the uniformed services shall receive monthly basic pay at the rate prescribed for the student’s pay grade and years of service as an enlisted member or at the rate provided for cadets and midshipmen under subsection (c), whichever is greater.

(3) The monthly student pay of a student described in paragraph (1) shall be treated for purposes of the accrual charge for the Department of Defense Military Retirement Fund established under section 1461 of title 10 in the same manner as monthly cadet pay or midshipman pay under subsection (c).

(f)

(1) An officer candidate enrolled in the basic officer training program of the commissioned officer corps of the National Oceanic and Atmospheric Administration is entitled, while participating in such program, to monthly officer candidate pay at monthly rates equal to the basic pay of an enlisted member in the pay grade E–5 with less than two years of service.

(2) An individual who graduates from such program shall receive credit for the time spent participating in such program as if such time were time served while on active duty as a commissioned officer. If the individual does not graduate from such program, such time shall not be considered creditable for active duty or pay.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 456; Pub. L. 88–132, § 2, Oct. 2, 1963, 77 Stat. 210; Pub. L. 88–422, § 1, Aug. 12, 1964, 78 Stat. 395; Pub. L. 89–132, § 1, Aug. 21, 1965, 79 Stat. 545; Pub. L. 89–501, title III, § 301, July 13, 1966, 80 Stat. 276; Pub. L. 90–207, § 1(1), Dec. 16, 1967, 81 Stat. 649; Pub. L. 91–278, § 3(2), June 12, 1970, 84 Stat. 306; Pub. L. 92–129, title II, § 201, Sept. 28, 1971, 85 Stat. 355; Pub. L. 92–455, § 3, Oct. 2, 1972, 86 Stat. 761; Pub. L. 93–419, § 2, Sept. 19, 1974, 88 Stat. 1152; Pub. L. 95–79, title III, § 302(a)(2), July 30, 1977, 91 Stat. 326; Pub. L. 96–343, § 6(b), Sept. 8, 1980, 94 Stat. 1127; Pub. L. 97–60, title I, § 102(a), Oct. 14, 1981, 95 Stat. 992; Pub. L. 98–94, title IX, § 902(a), Sept. 24, 1983, 97 Stat. 635; Pub. L. 99–145, title XIII, § 1303(b)(1), Nov. 8, 1985, 99 Stat. 740; Pub. L. 99–661, div. A, title VI, § 601(c), Nov. 14, 1986, 100 Stat. 3874; Pub. L. 100–180, div. A, title VI, § 601(c), Dec. 4, 1987, 101 Stat. 1092, as amended Pub. L. 100–202, § 110(b), Dec. 22, 1987, 101 Stat. 1329–436; Pub. L. 100–456, div. A, title VI, § 601(d), Sept. 29, 1988, 102 Stat. 1976; Pub. L. 101–189, div. A, title VI, § 601(c), Nov. 29, 1989, 103 Stat. 1445; Pub. L. 103–160, div. A, title VI, § 603(a), Nov. 30, 1993, 107 Stat. 1678; Pub. L. 103–337, div. A, title VI, § 601(c), Oct. 5, 1994, 108 Stat. 2779; Pub. L. 104–201, div. A, title VI, § 602, Sept. 23, 1996, 110 Stat. 2540; Pub. L. 105–261, div. A, title VI, § 602(a), Oct. 17, 1998, 112 Stat. 2037; Pub. L. 106–65, div. A, title VI, § 601(d), Oct. 5, 1999, 113 Stat. 648; [Pub. L. 106–398, § 1 [div. A], title VI, § 612(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–150; Pub. L. 107–107, div. A, title VI, § 602(a), Dec. 28, 2001, 115 Stat. 1132; Pub. L. 107–314, div. A, title X, § 1062(f)(1), Dec. 2, 2002, 116 Stat. 2651; Pub. L. 108–136, div. A, title VI, § 603, Nov. 24, 2003, 117 Stat. 1499; Pub. L. 109–163, div. A, title VI, §§ 602, 603, Jan. 6, 2006, 119 Stat. 3286; Pub. L. 109–364, div. A, title VI, § 602(a), Oct. 17, 2006, 120 Stat. 2245; Pub. L. 116–259, title III, § 305(d), Dec. 23, 2020, 134 Stat. 1174.)

Section 142(d) (as applicable to basic pay) of title 10 is omitted as superseded by footnote 1 of section 232(a) of existing title 37. The words “pay grades are prescribed” are omitted as covered by section 201 of this revised title. The words “rates of monthly basic pay . . . are” are substituted for the words “monthly basic pay . . . is established”. The words “according to cumulative years of service” are omitted as covered by the words “years of service computed under section 205” appearing in each table.

Editorial Notes

References in Text

Levels II and V of the Executive Schedule, referred to in subsec. (a)(2), are set out in sections 5313 and 5316, respectively, of Title 5, Government Organization and Employees.

Amendments

2020—Subsec. (f). Pub. L. 116–259 added subsec. (f).

2006—Subsec. (a)(2). Pub. L. 109–364 substituted “level II” for “level III”.

Subsec. (b). Pub. L. 109–163, § 602, inserted “, the United States Naval Academy,” after “Military Academy”.

Subsec. (e)(2). Pub. L. 109–163, § 603, substituted “shall receive” for “on active duty for a period of more than 30 days shall continue to receive” and inserted before the period at end “or at the rate provided for cadets and midshipmen under subsection (c), whichever is greater”.

2003—Subsec. (d)(2)(A). Pub. L. 108–136, § 603(1), substituted “enlisted member.” for “enlisted member, in the case of—

“(i) a commissioned officer on active duty who is paid from funds appropriated for active-duty personnel; or

“(ii) a commissioned officer on active Guard and Reserve duty.”

Subsec. (d)(2)(B). Pub. L. 108–136, § 603(2), added subpar. (B) and struck out former subpar. (B) which read as follows: “In the case of a commissioned officer (not referred to in subparagraph (A)(ii)) who is paid from funds appropriated for reserve personnel, service as a warrant officer, or as a warrant officer and enlisted member, for which at least 1,460 points have been credited to the officer for the purposes of section 12732(a)(2) of title 10.”

2002—Subsec. (d)(1). Pub. L. 107–314 amended Pub. L. 107–107, § 602(a)(2). See 2001 Amendment note below.

2001—Subsec. (d). Pub. L. 107–107, § 602(a)(1), designated existing provisions as par. (1).

Subsec. (d)(1). Pub. L. 107–107, § 602(a)(2), as amended by Pub. L. 107–314, substituted “service described in paragraph (2)” for “active service as a warrant officer or as a warrant officer and enlisted member”.

Subsec. (d)(2). Pub. L. 107–107, § 602(a)(3), added par. (2).

2000—Subsec. (c). Pub. L. 106–398 substituted “at the monthly rate equal to 35 percent of the basic pay of a commissioned officer in the pay grade O–1 with less than two years of service” for “at the rate of $600.00”.

1999—Subsec. (a). Pub. L. 106–65 designated existing provisions as par. (1) and added par. (2).

1998—Subsec. (c). Pub. L. 105–261 substituted “$600.00” for “$558.04”.

1996—Subsec. (c). Pub. L. 104–201 designated par. (1) as entire subsec. (c) and struck out former par. (2) which read as follows: “The rate of monthly cadet pay, or midshipman pay, under this subsection shall be adjusted in the manner and at the time the monthly basic pay of members of the uniformed services is adjusted under section 1009 of this title.”

1994—Subsec. (c)(1). Pub. L. 103–337 substituted “$558.04” for “$543.90”.

1993—Subsec. (e). Pub. L. 103–160 added subsec. (e).

1989—Subsec. (c)(1). Pub. L. 101–189 substituted “$543.90” for “$525”.

1988—Subsec. (c)(1). Pub. L. 100–456 substituted “$525” for “$504.30”.

1987—Subsec. (c)(1). Pub. L. 100–180, as amended by Pub. L. 100–202, substituted “$504.30” for “$494.40”.

1986—Subsec. (c)(1). Pub. L. 99–661 substituted “$494.40” for “$461.40”.

1985—Subsec. (a). Pub. L. 99–145 inserted “or as otherwise prescribed by law” after “this title”.

1983—Subsec. (d). Pub. L. 98–94 substituted “the basic pay of a commissioned officer who is in pay grade O–1, O–2, or O–3 and who is credited with a total of over four years’ active service as a warrant officer or as a warrant officer and enlisted member shall be computed in the same manner as the basic pay of a commissioned officer in the same pay grade who has been credited with over four years’ active service as an enlisted member” for “the basic pay of commissioned officers who are in pay grades O–1, O–2, and O–3 and who are credited with over four years’ active service as warrant officers shall be computed in the same manner as the basic pay of commissioned officers in the same pay grades who have been credited with over four years’ active service as enlisted members”.

1981—Subsec. (c)(1). Pub. L. 97–60 substituted “$461.40” for “$313.20”.

1980—Subsec. (d). Pub. L. 96–343 added subsec. (d).

1977—Subsec. (c). Pub. L. 95–79 added subsec. (c).

1974—Subsec. (a). Pub. L. 93–419 substituted reference to section 1009 of this title for provisions setting out in tables the rates of monthly basic pay for members of the uniformed services.

1972—Subsec. (a). Pub. L. 92–455 substituted in footnote 1 of the enlisted members pay table “Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard,” for “Chief Master Sergeant of the Air Force, or Sergeant Major of the Marine Corps,”.

1971—Subsec. (a). Pub. L. 92–129 increased rates of monthly basic pay for all personnel.

1970—Subsec. (b). Pub. L. 91–278 provided for entitlement to additional pay for service as a member of permanent commissioned teaching staff at the United States Coast Guard Academy.

1967—Subsec. (a). Pub. L. 90–207 increased the rates of monthly basic pay for all personnel by 5.6 percent and provided a special basic pay rate of $844.20 per month for the senior noncommissioned officer position of each military service regardless of years of service completed for pay purposes.

1966—Subsec. (a). Pub. L. 89–501 increased pay of all personnel by 3.2 percent.

1965—Subsec. (a). Pub. L. 89–132 increased pay of commissioned officers with less than 2 years of service an average of 22 percent, of commissioned officers and warrant officers with over 2 years of service an average of 6 percent, enlisted men with 2 years of service an average of 17.3 percent, and enlisted men with over 2 years of service an average of 11 percent.