---
kind: "section"
citation: "37 U.S.C. § 212"
title: "37"
title_heading: "Pay and Allowances of the Uniformed Services"
number: "212"
heading: "Advancement of basic pay: members deployed in combat zone for more than one year"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/37/212"
units:
  - "Chapter 3 — Basic Pay"
---

# §212. Advancement of basic pay: members deployed in combat zone for more than one year

- (a) **Eligibility; Amount Advanced.—** If a [member](/usc/37/101.md?p=23) of the [armed forces](/usc/37/101.md?p=4) is assigned to duty in an area for which special [pay](/usc/37/101.md?p=21) under [section 310](/usc/37/310.md), or paragraph [(1)](/usc/37/351.md?p=a-1) or [(3)](/usc/37/351.md?p=a-3) of section 351(a), of this title is available and the assignment is pursuant to orders specifying an assignment of one year or more (or the assignment is extended beyond one year), the [member](/usc/37/101.md?p=23) may request, during the period of the assignment, the advanced payment of not more than three months of the basic [pay](/usc/37/101.md?p=21) of the [member](/usc/37/101.md?p=23).
- (b) **Consideration of Request.—** A request by a [member](/usc/37/101.md?p=23) described in [subsection (a)](#a) for the advanced payment of a single month of basic [pay](/usc/37/101.md?p=21) shall be granted. The [Secretary concerned](/usc/37/101.md?p=5) may grant a [member](/usc/37/101.md?p=23)’s request for a second or third month of advanced basic [pay](/usc/37/101.md?p=21) during the assignment upon a showing of financial hardship.
- (c) **Recoupment of Advanced Pay.—** The [Secretary concerned](/usc/37/101.md?p=5) shall recoup an advance made on the basic [pay](/usc/37/101.md?p=21) of a [member](/usc/37/101.md?p=23) under this section in equal installments over a one-year period beginning as provided in [subsection (d)](#d). If the [member](/usc/37/101.md?p=23) is serving on [active duty](/usc/37/101.md?p=18) for any month during the recoupment period, the amount of the installment for the month shall be deducted from the basic [pay](/usc/37/101.md?p=21) of the [member](/usc/37/101.md?p=23) for that month. The estate of a deceased [member](/usc/37/101.md?p=23) shall not be required to repay any portion of the advanced [pay](/usc/37/101.md?p=21) paid to the [member](/usc/37/101.md?p=23) and not repaid before the death of the [member](/usc/37/101.md?p=23).
- (d) **Commencement of Recoupment.—** The recoupment period for an advancement of basic [pay](/usc/37/101.md?p=21) to a [member](/usc/37/101.md?p=23) under this section shall commence on the first day of the first month beginning on or after the date on which the [member](/usc/37/101.md?p=23) receives the advanced [pay](/usc/37/101.md?p=21).

## Source credit

(Added Pub. L. 108–375, div. A, title VI, § 606(a), Oct. 28, 2004, 118 Stat. 1945; amended Pub. L. 114–328, div. A, title VI, § 618(h)(1), Dec. 23, 2016, 130 Stat. 2160.)

## Notes

### Editorial Notes

### Amendments

2016—Subsec. (a). Pub. L. 114–328 inserted “, or paragraph (1) or (3) of section 351(a),” after “section 310”.