Volume 84 · 1084
Public Law 91–484
To amend title 37, United States Code, to provide that enlisted members of a uniformed service who accept appointments as officers shall not receive less than the pay and allowances to which they were previously entitled by virtue of their enlisted status.
Approved October 21, 1970
Statutory text
AN ACT
To amend title 37, United States Code, to provide that enlisted members of a uniformed service who accept appointments as officers shall not receive less than the pay and allowances to which they were previously entitled by virtue of their enlisted status.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That chapter 17 of
Uniformed services.
Officer appointments, pay and allowances.
title 37, United States Code, is amended—
by adding the following new section:
Ҥ 907. Enlisted members appointed as officers; pay and allowances stabilized
“An enlisted member who accepts a permanent or temporary appointment as an officer in a regular or reserve component of a uniformed service shall, following his appointment, be paid the greater of—
“(1) the pay and allowances to which, immediately prior to his appointment, he was entitled as an enlisted member, including—
“(A) proficiency pay to which he would be entitled had he not been appointed as an officer; and
“(B) clothing allowance, except when such member is eligible for payment of a uniform allowance as provided in
section 415 of this title; or
“(2) the pay and allowances to which he thereafter becomes entitled as an officer.
However, proficiency pay, incentive pay for hazardous duty, special pay for diving duty, and sea and foreign duty pay may he used in calculating the amount of his former pay and allowances only for so long as the member continues to perform the duty and would be eligible to receive payment had he remained in his former status”; and
by adding the following new item to the analysis:
Approved October 21, 1970.