Service members who are hospitalized outside a designated area for injuries incurred as a result of a hostile action shall be eligible for special pay through the date hospitalization is terminated or for 3 months after the month in which the wound or injury occurred, whichever is earlier. Service members who permanently are assigned to duty in a designated area shall be eligible to receive special pay from the first day of the month on which the Service member originally arrives in the designated area through the last day of the month in which the Service member is detached from the designated area. If such a Service member is absent from the designated area for an entire calendar month, the Service member shall not be eligible for special pay that month. A Service member shall not be paid more than one special pay for duty subject to hostile fire or imminent danger for any month. A Service member may be paid that special pay in addition to any other pay and allowances to which the Service member is eligible.
Any determinations of fact made in the administration of that special pay are conclusive.
Such determinations are not subject to review by any officer or Agency of the Government, unless there has been fraud or gross negligence. Such determinations may be changed on the basis of new evidence or for other good cause. Criteria for Area Designations. Requests shall originate with, or shall be submitted through, the applicable Unified Combatant Command and forwarded to the Chairman of the Joint Chiefs of Staff for evaluation and recommendation. Any requests for area designations received by the Chairman of the Joint Chiefs of Staff that are not so submitted shall be forwarded to the applicable command for evaluation and recommendation.