Military Personnel and Compensation Amendments of 1980
PL 96-343 (H.R.5168), enacted 09/08/1980

PUBLIC LAW 96-343—SEPT. 8, 1980 
94 STAT. 1123 
Public Law 96-348 
96th Congress 
An Act 
To extend certain expiring provisions of law relating to personnel management of 
the Armed Forces, to provide a variable housing allowance for members of the 
uniformed services to reflect housing costs in different areas of the United States, 
to improve certain special and incentive pays for members of the uniformed 
services, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Military Personnel and 
Compensation Amendments of 1980". 
FLIGHT INCENTIVE PAY 
SEC. 2. (a) Section 301 of title 37, United States Code, relating to 
hazardous duty pay, is amended— 
(1) by striking out "(1), (2), or (3)" in subsection (b) and inserting 
in lieu thereof "(2) or (3)"; 
(2) by striking out "(b)" before "For the performance of" and 
inserting in lieu thereof "(2)"; and 
(3) by inserting after subsection (a) the following: 
"(b)(1) For the performance of the hazardous duty described in 
clause (1) of subsection (a) of this section, a member is entitled to 
monthly incentive pay as follows: 
"ENLISTED MEMBERS 
Sept. 8, 1980 
[H.R. 5168] 
Military 
Personnel and 
Compensation 
Amend-
ments of 1980. 
37 u s e 101 
note. 
"Pay grade 
Years of service computed under section 205 
2 or less Over 2 
Over 3 
Over 4 
Over 6 
Over 8 
Over 10 
E-9 
$131 $131 $131 $131 $131 $131 
$131 
E-8 
131 
131 
131 
131 
131 
131 131 
E-7 
100 
106 
106 
106 
113 
119 131 
E-6 
88 
94 
94 
100 
106 
113 119 
E-5 
75 
88 
88 
100 
100 
106 113 
E-4 
69 
81 
81 
88 
94 
100 100 
E-3 
69 
75 
75 
75 
75 
75 75 
E-2 
63 
75 
75 
75 
75 
75 75 
E-1 
63 
69 
69 
69 
69 
69 69 
E-1 
under 
4 
months 
63 
Aviation 
cadets 
63 
Over 
12 Over 
14 Over 
16 Over 
18 Over 
22 Over 
26 Over 
30 
E-9 
$131 $131 $131 $131 $131 $131 
$131 
E-8 
131 
131 
131 
131 
131 
131 131 
E-7 
131 
131 
131 
131 
131 
131 131 
E-6 
119 
125 
125 
125 
125 
125 125 
E-5 
119 
119 
119 
119 
119 
119 119 
E-4 
100 
100 
100 
100 
100 
100 100 
E-3 
75 
75 
75 
75 
75 
75 75 
E-2 
75 
75 
75 
75 
75 
75 75 
E-1 
69 
69 
69 
69 
69 
69 69" 
94 STAT. 1124 
PUBLIC LAW 96-343—SEPT. 8, 1980 
37 use 301a. 
Effective 
date. 
37 use 301 
note. 
Repeal. 
37 use 305a. 
Effective 
date. 
37 use 305a 
note. 
G))(l) The tables in clause (1) of 
section 301a(b) of 
such title, relating 
to aviation career incentive pay for officers, are amended to read as 
follows: 
"Phase I 
"Years of aviation service (including 
Monthly 
flight training) as an officer: 
rate 
2 or less 
$125 
Over 2 
156 
Overs 
188 
Over 4 
206 
Over 6 
306 
"Phase n 
"Years of service as an officer as 
computed under section 205: 
Over 18 
$281 
Over 20 
256 
Over 22 
231 
Over 24 but not over 25 
206". 
(2) The last sentence in such clause is amended by striking out 
"$160" and "$165" and inserting in lieu thereof "$200" and "$206", 
respectively. 
(3) The table in clause (2) of such section is amended to read as 
follows: 
Monthly 
"Years of aviation service as an officer 
rate 
2 or less 
$125 
Over 2 
138 
Over 6 
250". 
(c) The amendments made by this section shall be effective with 
respect to incentive pay payable for months after August 1980. 
CAREER SEA PAY FOR ENLISTED MEMBERS 
SEC. 3. (a) Section 305a(b) of title 37, United States Code, relating to 
career sea pay, is amended to read as follows: 
"(b) The monthly rates for special pay under subsection (a) of this 
section are as follows: 
Monthly 
"Years of sea duty: 
rate 
Over 3 
$29 
Overs 
40 
Over? 
52 
Over 9 
63 
Over 10 
75 
Over 11 
86 
Over 12 
115". 
(b) Section 804(aK2) of the Department of Defense Appropriation 
Authorization Act, 1979 (Public Law 95-485; 37 U.S.C. 305a note) is 
repealed. 
(c) The amendments made by this section shall be efTective with 
respect to special pay payable under section 305a of title 37, United 
States Code, for months after August 1980. 
PUBLIC LAW 96-343—SEPT. 8, 1980 
94 STAT. 1125 
VARIABLE HOUSING ALLOWANCE 
SEC. 4. (a)(1) Section 403(a) of title 37, United States Code, relating 
to basic allowance for quarters, is amended— 
(A) by inserting^XD" after "(a)"; and 
(B) by adding at the end thereof the following new paragraph: 
"(2)(A) A member of a uniformed service entitled to basic allowance 
for quarters is entitled to a variable housing allowance under this 
paragraph whenever assigned to duty in an area of the United States 
(other than Alaska or Hawaii) which is a high housing cost area with 
respect to such member. A member with dependents who is assigned 
to an unaccompanied tour of duty outside the United States is 
entitled to a variable housing allowance while serving such tour of 
duty for any period during which the member's dependents reside in 
an area of the United States which would qualify the member to 
receive a variable housing allowance under this paragraph if 
assigned to duty in that area. 
"(B) The monthly amount of a variable housing allowance under 
this paragraph for any member is the difference between (i) the 
average monthly cost of housing in that area for members of the 
uniformed services serving in the same pay grade as that member (as 
determined under regulations prescribed under subsection (j) of this 
section), and (ii) 115 percent of the amount of the basic allowance for 
quarters to which that member is entitled. 
"(C) For the purposes of this paragraph, an area shall be considered 
to be a high housing cost area with respect to a member of a 
uniformed service whenever the average monthly cost of housing in 
that area for members serving in the same pay grade as that member 
(as determined under regulations prescribed under subsection (j) of 
this section) exceeds 115 percent of the amount of the basic allowance 
for quarters of that member.". 
(2) The heading of section 403 of such title is amended to read as ^
'
^ use 403. 
follows: 
"§403. Basic allowance for quarters; variable housing alIowance'\ 
(3) The item relating to such section in the table of sections at the 
beginning of chapter 7 of such title is amended to read as follows: 
"403. Basic allowance for quarters; variable housing allowance.". 
(b) Paragraph (2) of section 403(a) of title 37, United States Code, as Effective date. 
added by subsection (a), shall take effect on September 30, 1981. ^7 use 403 
(c)(1) During fiscal year 1981, a member of a uniformed service 3
7 use 403 
entitled to basic allowance for quarters under section 403 of title 37, note. 
United States Code, may be paid a variable housing allowance under 
this subsection whenever assigned to duty in an area of the United 
States (other than Alaska or Hawaii) which is a high housing cost 
area with respect to such member. A member with dependents who is 
assigned to an unaccompanied tour of duty outside the United States 
may be paid a variable housing allowance under this subsection while 
serving such tour of duty for any period during which the member's 
dependents reside in an area of the United States which would 
qualify the member to receive a variable housing allowance under 
this subsection if assigned to duty in that area. 
(2) The monthly amount of a variable housing allowance under this 
subsection for any member may not exceed the difference between (A) 
94 STAT. 1126 
PUBLIC LAW 96-343—SEPT. 8, 1980 
Regulations. 
the average monthly cost of housing in that area for members of the 
uniformed services serving in the same pay grade as that member (as 
determined under regulations prescribed under paragraph (4)), and 
(B) 115 percent of the amount of the basic allowance for quarters to 
which that member is entitled. 
(3) For the purposes of this subsection, an area shall be considered 
to be a high housing cost area with respect to a member of a 
uniformed service whenever the average monthly cost of housing in 
that area for members serving in the same pay grade as that member 
(as determined under regulations prescribed under paragraph (4)) 
exceeds 115 percent of the amount of the basic allowance for quarters 
of that member. 
(4) Regulations shall be prescribed for the administration of this 
subsection in the same manner that regulations are prescribed under 
subsection (j) of section 403 of title 37, United States Code, for the 
administration of such section. 
37 u s e 411. 
Effective date. 
37 u s e 404 
note. 
TRAVEL AND TRANSPORTATION ALLOWANCES 
SEC. 5. (a) Section 404(d) of title 37, United States Code, relating to 
travel and transportation allowances, is amended— 
(1) by striking out "that is not more than 7 cents a mile" in 
clause (1) and inserting in lieu thereof "per mile prescribed by 
the Secretaries concerned and"; and 
(2) by striking out "of not more than 10 cents a mile" in clause 
(3) and inserting in lieu thereof "at a rate per mile prescribed by 
the Secretaries concerned and". 
(b) Section 411(b) of such title, relating to travel and transportation 
allowances, is amended— 
(1) by striking out "first-class transportation, including sleep-
ing accommodations," in clause (1) and inserting in lieu thereof 
"common carrier transportation"; 
(2) by inserting "and designating areas as high cost areas" 
after "rates" in clause (2); and 
(3) by striking out "first-class transportation" and all that 
follows in clause (3) and inserting in lieu thereof "transportation 
and current economic data on the cost of subsistence, including 
lodging and other necessary incidental expenses relating thereto, 
when prescribing mileage allowances.". 
(c) The amendments made by this section shall be effective with 
respect to travel and transportation performed after August 31,1980. 
STABILIZATION OF PAY AND ALLOWANCES OF COMMISSIONED OFFICERS 
WHO PREVIOUSLY SERVED AS ENLISTED MEMBERS OR WARRANT OFFI-
CERS 
SEC. 6. (a)(1) Section 907 of title 37, United States Code, relating to 
the pay and allowances of enlisted members appointed as officers, is 
amended to read as follows: 
"§907. Enlisted members and warrant officers appointed as offi-
cers: pay and allowances stabilized 
"(a) An enlisted member who accepts an appointment as an officer 
shall, for service as an officer, be paid the greater o
f
— 
"(1) the pay and allowances to which he is entitled as an officer; 
or 
PUBLIC LAW 96-343—SEPT. 8, 1980 
94 STAT. 1127 
"(2) the pay and allowances to which he would be entitled if he 
were in the last enlisted grade he held before his appointment as 
an officer. 
"(b) A warrant officer who accepts an appointment as a commis-
sioned officer in a pay grade above W-4 shall, for service as such a 
commissioned officer, be paid the greater of— 
"(1) the pay and allowances to which he is entitled as such a 
commissioned officer; 
"(2) the pay and allowances to which he would be entitled if he 
were in the last warrant officer grade he held before his appoint-
ment as such a commissioned officer; or 
"(3) in the case of an officer who was formerly an enlisted 
member, the pay and allowances to which he would be entitled if 
he were in the last enlisted grade he held before his appointment 
as an officer. 
"(c) For the purposes of this section— 
"(1) the pay and allowances of a grade formerly held by an 
officer include— 
"(A) subject to subsection (d) of this section, special and 
incentive pays under chapter 5 of this title; and 
"(B) subject to subsection (e) of this section, allowances 
under chapter 7 of this title; and 
"(2) the rates of pay and allowances of a grade which an officer 
formerly held are those to which the officer would have been 
entitled had he remained in that grade and continued to receive 
the increases in pay and allowances authorized for that grade, as 
otherwise provided in this title. 
"(d) In determining the amount of the pay and allowances of a 
grade formerly held by an officer, incentive pay for hazardous duty 
under section 301 of this title, special pay for diving duty under ^'^ USC 301. 
section 304 of this title, for duty at certain places under section 305 of ^'^ USC 304. 
this title, and for sea duty under section 305a of this title, and 37 USC 305a, 
proficiency pay under section 307 of this title may be considered only °"^/{Q^ \]^^' 
so long as the officer continues to perform the duty creating the 
entitlement to or eligibility for that pay and would otherwise be 
eligible to receive that pay in his former grade. 
"(e) The clothing allowance under section 418 of this title may not 37 USC 418. 
be considered in determining the amount of the pay and allowances 
of a grade formerly held by an officer if the officer is entitled to a. 
uniform allowance under section 415 of this title.". 
37 USC 415. 
(2) The table of sections at the beginning of chapter 17 of such title 
is amended by striking out the item relating to section 907 and 37 USC 907. 
inserting in lieu thereof the following: 
"907. Enlisted members and warrant officers appointed as officers: pay and 
allowances stabilized.". 
(b) Section 203 of such title, relating to rates of pay for members of 37 USC 203. 
the uniformed services, is amended by adding at the end thereof the 
following new subsection: 
"(d) The basic pay of commissioned officers who are in pay grades 
0-1, 0-2, and 0-3 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.". 
(c) The amendments made by this section shall be effective with Effective date, 
respect to periods for which pay and allowances are payable which 37 USC 907 
begin after August 31,1980. 
^°*^-
37 USC 307. 
94 STAT. 1128 
PUBLIC LAW 96-343—SEPT. 8, 1980 
INCREASE IN BASIC ALLOWANCE FOR SUBSISTENCE 
Wf?ki^^Ano^\ 
SEC 7. Effective September 1,1980, the rates of basic allowance for 
37 use 402 note, subsistence authorized by section 402 of title 37, United States Code, 
as in effect on the day before the date of the enactment of this Act (as 
37 use 1009. 
prescribed by the President under section 1009 of such title), are 
increased by 10 percent. 
EXPANSION OF AUTHORITY TO MAKE ADVANCE PAYMENTS 
SEC. 8. Subsection (a) of section 1006 of title 37, United States Code, 
relating to advance payments, is amended to read as follows: 
"(a) Under regulations prescribed by the Secretary concerned, a 
member of a uniformed service may be paid in advance— 
"(1) not more than three months' pay of such member upon 
such member's change of permanent station; or 
"(2) the amount of an allotment made from such member's pay 
to a dependent if such member is assigned or scheduled for 
assignment to sea duty or other duty with a unit or command 
deployed or to be deployed outside the United States and the 
allotment is made by such member not more than sixty days 
before the scheduled date of the assignment of such member to 
such duty.". 
AMENDMENTS TO MAKE CERTAIN RETIREMENT PROVISIONS RELATING TO 
REGULAR ENLISTED MEMBERS OF THE ARMY AND AIR FORCE APPLIC-
ABLE TO RESERVE ENLISTED MEMBERS 
SEC. 9. (a)(1) Section 3914 of title 10, United States Code, relating to 
the retirement of regular enlisted members, is amended to read as 
follows: 
"§3914. Twenty to thirty years: enlisted members 
"Under regulations to be prescribed by the Secretary of the Army, 
an enlisted member of the Army who has at least 20, but less than 30, 
years of service computed under section 3925 of this title may, upon 
his request, be retired. A regular enlisted member then becomes a 
member of the Army Reserve. A member retired under this section 
shall perform such active duty as may be prescribed by law until his 
10 use 3925. 
service computed under section 3925 of this title, plus his inactive 
service as a member of the Army Reserve, equals 30 years.". 
(2) Section 3925 of such title, relating to the computation of years of 
service of enlisted members of the Army in determining eligibility for 
voluntary retirement, is amended— 
(A) by striking out "a regular" in subsection (a) and inserting 
in lieu thereof "an"; and 
(B) by striking out "regular" in the catchline. 
(3) The table of sections at the beginning of chapter 367 of such title 
is amended by striking out "regular" in the items relating to sections 
10 use 3914, 
3914 and 3925. 
^^^^- 
(b)(1) Section 8914 of such title is amended to read as follows: 
10 use 8914. 
"§ 8914. Twenty to thirty years: enlisted members 
"Under regulations to be prescribed by the Secretary of the Air 
Force, an enlisted member of the Air Force who has at least 20, but 
less than 30, years of service computed under section 8925 of this title 
may, upon his request, be retired. A regular enlisted member then 
becomes a member of the Air Force Reserve. A member retired under 
PUBLIC LAW 96-343—SEPT. 8, 1980 
94 STAT. 1129 
this section shall perform such active duty as may be prescribed by 
law until his service computed under section 8925 of this title, plus 10 use 8925. 
his inactive service as a member of the Air Force Reserve, equals 30 
years.". 
(2) Section 8925 of such title, relating to the computation of years of 
service of enlisted members of the Air Force in determining eligibility 
for voluntary retirement, is amended— 
(A) by striking out "a regular" in subsection (a) and inserting 
in lieu thereof "an"; and 
(B) by striking out "regular" in the catchline. 
(3) The table of sections at the beginning of chapter 867 of such title 
is amended by striking out "regular" in the items relating to sections 
8914 and 8925. 
10 USC 8914, 
(c) The amendments made by this section shall apply with respect 
^3^\. 
to retired pay payable for months beginning after the date of the fo use 39^4^ 
enactment of this Act. 
note. 
EXTENSION OF CERTAIN PROVISIONS OF LAW RELATING TO PERSONNEL 
MANAGEMENT OF THE ARMED FORCES 
SEC. 10. (a) Public Law 93-397 (10 U.S.C. 8202 note) is amended by 
striking out "beginning with October 1, 1974, through September 30, 
1979" and inserting in lieu thereof "through September 30, 1982". 
(b) Subsections (a) and (b) of section 2 of Public Law 95-377 (92 Stat. 
719) are amended by striking out "September 30,1979" and inserting 10 use 5707 
in lieu thereof "September 30,1982". 
"ot«-
(c)(1) Section 1201(3) of title 10, United States Code, is amended— 
(A) by striking out "or" at the end of subclause (B)(ii); 
(B) by striking out the period at the end of subclause (B)(iii) and 
inserting in lieu thereof "; or"; and 
(C) bv adding at the end of subclause (B) a new item as follows: 
(iv) the disability was incurred in line of duty during the 
period beginning on September 15, 1978, and ending on 
September 30,1982, except that the condition provided for in 
this item shall not be effective during such period unless the 
President determines that such condition should be effective 
during such period and issues an Executive order to that 
effect.". 
(2) Section 12d3(4)( 
A) of such title is amended— 
10 USC 1203. 
(A) by striking out "or" at the end of item (i); and 
(B) by striking out the semicolon at the end of item (ii) and 
inserting in lieu thereof ", or (iii) incurred in line of duty during 
the period beginning on September 15, 1978, and ending on 
September 30,1982, except that the condition provided for in this 
item shall not be effective during such period unless the Presi-
dent determines that such condition should be effective during 
such period and issues an Executive order to that effect;". 
(3) Section 1203(4)(C) of such title is amended by striking out "the 
proximate result of performing active duty nor incurred in line of 
duty in time of war or national emergency" and inserting in lieu 
thereof "(i) the proximate result of performing active duty, (ii) 
incurred in line of duty in time of war or national emergency, nor (iii) 
incurred in line of duty during the period beginning on September 15, 
1978, and ending on September 30, 1982, except that the condition 
provided for in this item shall not be effective during such period 
unless the President determines that such condition should be 
effective during such period and issues an Executive order to that 
effect". 
94 STAT. 1130 
PUBLIC LAW 96-343—SEPT. 8, 1980 
(d) Section 5703(a)(1) of title 10, United States Code, is amended to 
read as follows: 
"(1) A board to recommend brigadier generals for promotion to 
the grade of major general, consisting of nine officers holding 
permanent appointments in the grade of major general or above, 
except that before October 1,1982, such a board may consist of 
nine officers serving in the grade of major general or above.". 
(e) Sections 5787c(b)(2) and 5787d(g) of title 10, United States Code, 
are amended by striking out "September 30,1979" and inserting in 
lieu thereof "September 30,1982". 
ESTABLISHMENT OF NAVY CHAPLAIN CORPS AS A STAFF CORPS OF THE 
NAVY 
SEC 11. (a) Chapter 513 of title 10, United States Code, relating to 
Bureaus of the Navy, is amended by striking out section 5142 and 
inserting in lieu thereof the following: 
1
0 use 5142 
«§ 5142. Chaplain Corps and Chief of Chaplains 
"(a) The Chaplain Corps is a staff corps of the Navy and shall be 
organized in accordance with regulations prescribed by the Secretary 
of the Navy. 
Appointment. 
"(b) There is in the executive part of the Department of the Navy 
the office of the Chief of Chaplains of the Navy. The Chief of 
Chaplains shall be appointed by the President, by and with the advice 
and consent of the Senate, from officers of the Chaplain Corps in the 
grade of commander or above who are serving on active duty, who are 
not on the retired list, and who have served on active duty in the 
Chaplain Corps for at least eight years. 
Term o
f office. 
"(c) An officer appointed as the Chief of Chaplains shall be 
appointed for a term of four years. However, the President may 
terminate or extend the appointment at any time. 
"(d)(1) The Chief of Chaplains shall perform such duties as may be 
prescribed by the Secretary of the Navy and by law. 
"(2) The Chief of Chaplains shall, with respect to all duties 
pertaining to the procurement, distribution, and support of personnel 
of the Chaplain Corps, report to and be supported by the Chief of 
Naval Personnel. 
"(e) The Chief of Chaplains of the Navy is entitled to the same rank 
and privileges of retirement as provided for chiefs of bureaus in 
1
0 use 5133. 
section 5133 of 
this title. 
1
0 use 5142a 
«§ 5142a. Deputy Chief of Chaplains 
"The Secretary of the Navy may detail as the Deputy Chief of 
Chaplains an officer of the Chaplain Corps in the grade of 
commander or above who is on active duty, who is not on the retired 
list, and who has served on active duty in the Chaplain Corps for at 
least eight years.", 
flb) The table of 
sections at the beginning of 
chapter 513 of 
such title 
1
0 use 5142. 
is amended by striking out the item relating to section 5142 and 
inserting in lieu thereof the following: 
"5142. Chaplain Clorps and Chief of Chaplains. 
"5142a. Deputy Chief of Chaplains.". 
DEPUTY JUDGE ADVOCATE GENERAL, AIR FORCE 
SEC 12. (a) Section 8072 of title 10, United States Code, is amended 
by adding at the end thereof the following new subsection: 
PUBLIC LAW 96-343—SEPT. 8, 1980 
94 STAT. 1131 
"(d)(1) There is a Deputy Judge Advocate General in the Air Force, Appointment. 
who is appointed by the President, by and with the advice and 
consent of the Senate, from officers of the Air Force who have the 
quaUfications prescribed in subsection (b) for the Judge Advocate 
General. The term of office of the Deputy Judge Advocate General is Term of office. 
two years, but may be sooner terminated or extended by the Presi-
dent. An officer appointed as Deputy Judge Advocate General shall 
be appointed in a regular grade to be determined by the Secretary of 
Defense. 
"(2) When there is a vacancy in the office of the Judge Advocate Vacancy. 
General, or during the absence or disability of the Judge Advocate 
General, the Deputy Judge Advocate General shall perform the 
duties of the Judge Advocate General until a successor is appointed or 
the absence or disability ceases. 
"(3) When paragraph (2) cannot be complied with because of the 
absence or disability of the Deputy Judge Advocate General, the 
heads of the major divisions of the Office of the Judge Advocate 
General, in the order directed by the Secretary of the Air Force, shall 
perform the duties of the Judge Advocate General, unless otherwise 
directed by the President.". 
(b)(1) The heading of such section is amended to read as follows: 
"§8072. Judge Advocate General, Deputy Judge Advocate General: 10 USC 8072. 
appointment; duties". 
(2) The item relating to such section in the table of sections at the 
beginning of chapter 807 of such title is amended to read as follows: 
"8072. Judge Advocate General, Deputy Judge Advocate General: appointment; 
duties.". 
AUTHORITY TO RETIRE IN A HIGHER GRADE RESERVE OFFICERS WHO 
HAVE SERVED IN SPECIAL POSITIONS 
SEC. 13. (a)(1) Section 3962(a) of title 10, United States Code, 
relating to retirement in a higher grade for service in special 
positions, is amended by striking out "Regular" and by striking out 
"held by him at any time on the active list" and inserting in lieu 
thereof "in which he served on active duty". 
(2) Section 3962(b) of such title is amended by striking out 10 USC 3962 
"Regular". 
(3) The heading of section 3962 of such title is amended to read as 
follows: 
"§ 3962. Higher grade for service in special positions". 
(4) The item relating to section 3962 in the table of sections at the 
beginning of chapter 369 of such title is amended to read as follows: 
"3962. Higher grade for service in special positions.". 
(b)(1) Section 8962(a) of title 10, United States Code, relating to 
retirement in a higher grade for service in special positions, is 
amended by striking out "Regular" and by striking out "held by him 
at any time on the active list' and inserting in lieu thereof "in which 
he served on active duty". 
(2) The heading of section 8962 of such title is amended to read as lO use 8962. 
follows: 
"§ 8962. Higher grade for service in special positions". 
(3) The item relating to section 8962 in the table of sections at the 
beginning of chapter 869 of such title is amended to read as follows: 
94 STAT. 1132 
PUBLIC LAW 96-343—SEPT. 8, 1980 
Appointment to 
retired grade. 
10 u s e 3962 
note. 
Applicability. 
"8962. Higher grade for service in special positions.". 
(c)(1) The President may, by and with the advice and consent of the 
Senate, appoint any commissioned officer of a reserve component of 
the Armed Forces who retired after December 31,1967, to the retired 
grade in which such officer could have been retired had such officer 
retired on or after the date of the enactment of this Act. 
(2) The retired pay of any retired officer who is appointed to a 
higher retired grade under paragraph (1) shall be recalculated as if 
such officer had retired in the grade to which appointed, but any 
increase in such retired pay by virtue of such appointment or this 
subsection shall be effective only with respect to periods beginning on 
or after the date on which such appointment is made. 
Approved September 8, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-440 (Comm. on Armed Services) and No. 96-1233 (Comm. 
of Conference). 
SENATE REPORT No. 96-424 (Comm. on Armed Services). 
CONGRESSIONAL RECORD: 
Vol. 125 (1979): Sept. 24, 25, considered and passed House. 
Vol. 126 (1980): Feb 1, 4, considered and passed Senate, amended. 
June 17, House agreed to Senate amendments with amend-
ments. 
Aug. 20, Senate agreed to conference report. 
Aug. 26, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: 
Vol. 16, No. 37 (1980): Sept. 8, Presidential statement.