---
kind: "section"
citation: "37 U.S.C. § 901"
title: "37"
title_heading: "Pay and Allowances of the Uniformed Services"
number: "901"
heading: "Wartime pay of officer of armed force exercising command higher than his grade"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/37/901"
units:
  - "Chapter 17 — Miscellaneous Rights and Benefits"
---

# §901. Wartime pay of officer of armed force exercising command higher than his grade


In time of war, an [officer](/usc/37/101.md?p=11) of an armed force who is serving with troops operating against an enemy and who exercises, under assignment in orders issued by competent authority, a command above that pertaining to his [grade](/usc/37/101.md?p=15), is entitled to the [pay](/usc/37/101.md?p=21) and allowances (not above that of [pay](/usc/37/101.md?p=21) [grade](/usc/37/101.md?p=15) O–7) appropriate to the command so exercised.


## Source credit

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 486.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 901 | 37:235a. | Apr. 26, 1898, ch. 191, § 7 (less last proviso), 30 Stat. 365. |

Applicability of the source law to the Air Force is based on Transfer Order No. 25(zzz), of the Secretary of Defense, dated October 14, 1948. Its applicability, other than to the Army and the Air Force, is based upon an opinion of the Judge Advocate General of the Navy, JAG 135: DDC; dmt.; 4229, dated July 29, 1960. The words “(but not above that of pay grade O–7)” are substituted for section 235a (proviso) of existing title 37.
