An Act to amend title 37, United States Code, to increase the rates of basic pay for members of the uniformed services, and for other purposes
PL 88-132 (H.R.5555), enacted 10/02/1963

210 
PUBLIC LAW 88-132-OCT. 2, 1963 
[77 STAT. 
"(7) An alteration of speed, either alone or in conjunction with an 
alteration of course, should be substantial. A number of small altera-
tions of speed should be avoided. 
"(8) If a close quarters situation is imminent, the most prudent 
action may be to take all way off the vessel." 
Approved September 24, 1963. 
October 2, 1963 
[H. R. 5555] 
Public Law 88-132 
AN ACT 
T
<
> amend title 37, United States Code, to increase the rates of basic pay for 
members of the uniformed services, and for other purp(^ses. 
Be it enacted by the Senate and House of Representatives 
of the 
Uniformed Serv- United States of America in Congress assemhled^ That this Act may 
ices Pay Act of 
be Cited Rs the "Uniformed Services Pay Act of 1963'-. 
1963* 
*' 
BASIC PAY 
76 Stat. 456. 
SEC. 2. Scction 203 of title 37, United States Code, is amended to 
read as follows: 
"§203. Rates 
"(a) The rates of monthly basic pay for members of the uniformed 
services within each pay grade are set forth in the following tables: 
"Commissioned officers 
"Pay grade 
O-lOi 
0-9 
0-8 
0-7 
0 - 6 
0-5 
0-4 
0-32 
0-22 
0-12 
Years of service computed under sec. 205 
2 or less 
$1,200.00 
1,063.30 
963.30 
800.28 
592.80 
474. 24 
400.14 
326.04 
259. 36 
222. 30 
Over 2 
$1,315 
1,155 
1,050 
905 
690 
590 
515 
440 
375 
300 
Overs 
$1,315 
1,180 
1,075 
905 
735 
630 
550 
470 
450 
375 
Over 4 
$1,316 
1,180 
1,076 
906 
735 
630 
650 
620 
465 
375 
Over 6 
$1,316 
1,180 
1,075 
946 
736 
630 
560 
646 
476 
376 
Overs 
$1,365 
1,210 
1,155 
945 
735 
630 
585 
665 
475 
375 
Over 10 
$1,365 
1,210 
1,156 
1,000 
736 
660 
625 
696 
475 
375 
'' Pay grade 
O-IO' 
0-9 
0-8 
0-7 
0-6 
0-5 
0-4 
0-32 
0-22 
0-12 
Years of service computed under sec. 206 
Over 12 
$1,470 
1,260 
1,210 
1,000 
735 
685 
660 
625 
476 
375 
Over 14 
$1,470 
1,260 
1,210 
1,050 
760 
730 
690 
640 
476 
375 
Over 16 
$1, 575 
1,365 
1,260 
1,155 
880 
785 
720 
640 
476 
376 
Over 18 
$1,676 
1,365 
1,315 
1,236 
926 
830 
740 
640 
476 
376 
Over 20 
$1,680 
1,470 
1,365 
1,235 
946 
855 
740 
640 
476 
375 
Over 22 
$1,680 
1,470 
1,420 
1,235 
1,000 
885 
740 
640 
475 
376 
Over 26 
$1,785 
1,576 
1,420 
1,235 
1,086 
885 
740 
640 
476 
375 
Over 30 
$1, 785 
1.575 
1,420 
1.235 
1,086 
886 
740 
640 
475 
375 
"1 While serving as Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval 
Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps, basic pay for this grade is 
$1,970 regardless of cumulative years of service computed under section 205 of this title. 
"2 Does not apply to commissioned officers who have been credited with over 4 years' active service as an 
enlisted member. 
77 STAT. ] 
PUBLIC L
A
W 88-132-OCT. 2, 1963 
211 
"Coinmissioned officers who have been credited with over 4 years' active service 
as an enlisted member 
" Pay grade 
0 - 3 
0-2 
0-1 
Years of service computed under sec. 205 
Over 4 
$520 
465 
375 
Over 6 
$545 
475 
400 
Overs 
$565 
490 
415 
Over 10 
$595 
515 
430 
Over 12 
$625 
535 
445 
Over 14 
$650 
550 
465 
" Pay grade 
0 - 3 
0 - 2 
-
0-1 
Years of service computed under sec. 205 
Over 16 
$650 
550 
465 
Over 18 
$650 
550 
465 
Over 20 
$650 
550 
465 
Over 22 
$650 
550 
465 
Over 26 
$650 
550 
465 
Over 30 
$650 
550 
465 
"Warrant officer." 
"Pay grade 
W-4 
W - 3 . . . . 
W - 2 . . . . 
W-1 
2 or less 
$332.90 
302.64 
264.82 
219.42 
1 
Over 2 
$430 
395 
345 
305 
Years of service computed under sec. 205 
Over 3 
$430 
396 
345 
305 
Over 4 
$440 
400 
355 
330 
Over 6 
$460 
405 
375 
345 
Over 8 
$480 
435 
395 
360 
Over 10 
$500 
460 
410 
375 
Over 12 
$535 
475 
425 
390 
"Pay grade 
W-4 
W-3 
W-2 
W-1 
Years of service computed under sec. 205 
Over 14 
$560 
490 
440 
405 
Over 16 
$580 
505 
455 
420 
Over 18 
$595 
520 
470 
435 
Over 20 
$615 
540 
485 
450 
Over 22 
$635 
560 
505 
450 
Over 26 
$685 
580 
505 
450 
Over 30 
$685 
580 
,'>05 
450 
•'Enlisted members 
" Pay grade 
E-9 
E-8 
E-7...-
E-6 
E-5 
E-4 
E-3 
E-2 
E-1 
E-1 (under 4 months) 
"Pay grade 
E-9 
E-8 
E-7 
E-6 
E - 5 . . . 
E-4 
. 
E-3 
E-2 
E-1 
Years of service computed under sec. 205 
2 or less 
$206.39 
175.81 
145.24 
122.30 
99.37 
85.80 
83.20 
78.00 
Over 2 
.$275 
240 
210 
180 
145 
120 
110 
Over 3 
$285 
250 
220 
190 
155 
120 
110 
Over 4 
.$295 
260 
230 
205 
165 
120 
110 
Over 6 
$305 
270 
245 
215 
166 
120 
110 
Overs 
$366 
315 
280 
265 
215 
165 
120 
110 
Over 10 
$435 
375 
325 
290 
265 
215 
165 
120 
110 
Over 12 
$445 
385 
336 
305 
275 
215 
165 
120 
110 
Years of service computed under sec. 205 
Over 14 
$455 
395 
350 
315 
280 
215 
165 
120 
110 
Over 16 
$465 
405 
360 
325 
280 
215 
165 
120 
110 
Over 18 
.$476 
415 
370 
330 
280 
215 
165 
120 
iin 
Over 20 
$485 
426 
375 
330 
280 
215 
165 
120 
110 
Over 22 
$510 
450 
400 
330 
280 
216 
165 
120 
110 
Over 26 
$560 
600 
450 
330 
280 
215 
166 
120 
110 
Over 30 
$560 
500 
460 
330 
280 
215 
165 
120 
110. 
212 
PUBLIC LAW 88-132-OCT.. 2, 1963 
[77 STAT. 
"(b) While serving as a permanent professor at the United States 
Military Academy or tlie United States Air Force Academy, an officer 
76 Stat. 458- 
wlio Iias over 8H years of service computed under section 205 of this 
title is, in addition to the pay and allowances to which he is otherwise 
entitled under this title, entitled to additional pay in the amount of 
$250 a month. This additional pay may not be used in the computa-
tion of retired pay." 
BASIC PAY AND ALLOWANCES OF CONTRACT SURGEONS 
76 Stat, 453. 
SEC. 3. (a) Sectiou 201(b) of title 37, United States Code, is 
amended by striking out the words "0-2 with two or less" and insert-
ing in place thereof the words "0-3 with over four, but not more than 
six,". 
76 Stat. 479. 
(b) Scctiou 421(a) of title 37, United States (^ode, is amended by 
striking out the words "0-2 with less than two" and inserting in 
place thereof the words "0-3 w^ith over four, but not more than six,". 
SPECIAL PAY FOR PHYSICIANS AND DENTISTS 
76 Stat. 464. 
SEC. 4. Section 302(b) of title 37, United States Code, is amended 
by striking out the figure "$200" in clause (3) and the figure "$250" 
in clause (4) and inserting in place thereof the figure "$250" and 
the figure "$350", respectively. 
RETIRED PAY AND RETAINER PAY" 
7
0
A Stat. 107; 
SEC. 5. (a) Except as provided in section 1402 of title 10, United 
74 Stat. 265. 
States Code, the changes made by this Act in the rates of basic pay of 
members of the uniformed services do not increase the retired pay or 
retainer pay to which a member or former member of the uniformed 
services was entitled on the day before the effective date of this Act. 
7
0
A Stat. 397; 
Howevor, cxcept for a member covered by section 6331 of title 10, 
72 Stat. 480. 
United States Code, who became entitled to retainer pay before April 
1. 1963, and subject to subsection (j) of this section, a member or 
former member of a uniformed service who became entitled to retired 
pay or retainer pay after March 31,1963, but before the effective date 
of this Act, is entitled— 
(1) to have the retired pay or retainer pay to which he was 
entitled on the day before the effective date of this Act recomputed 
under the rates of basic pay prescribed by section 2 of this Act; or 
(2) to continue to have that pay computed under the rates of 
76 Stat. 456. 
basic pay that were in effect under section 203 of title 37, United 
States Code, on the day before the effective date of this Act, plus 
the percentage increase provided by subsection (e) of this section; 
whichever pay is the greater. For the purposes of the preceding sen-
tence, a member or former member who became entitled to retired pay 
on April 1, 1963, by virtue of section 1 of the Act of April 23, 1930, 
46 Stat. 253. 
ch. 209, as amended (5 U.S.C. 47a), shall be considered as having 
become entitled to that pay before April 1, 1963. 
(b) A member or former member of a uniformed service who was 
retired other than for physical disability and who, in accordance wdth 
1
0 use 564 
section 511 of the Career Compensation Act of 1949 (63 Stat. 829), is 
"°*^" 
entitled to retired pay or retainer pay computed by "method" (a) of 
that section using rates of basic pay that were in effect before October 
1, 1949, is entitled— 
(1) to have that pay recomputed by "method" (b) of that 
section using the rates of basic pay that were in effect under that 
Act on the day before the effective date of this Act; or 
77 STAT.] 
PUBLIC LAW 88-132-OCT. 2, 1963 
213 
(2) to an increase of 5 percent in the retired pay or retainer 
pay to which he was entitled on the day before the effective date 
of this Act; 
whichever pay is the greater. 
(c) A member or former member of a uniformed service who is 
entitled to retired pay or retainer pay computed under the rates of 
basic pay that were in effect under the Career Compensation Act of 
1949 before June 1,1958, including a member or former member who is 
63 stat. 802. 
entitled to retired pay under section 7 (b) or (c) of the Act of May 
20, 1958, Public Law 85-422 (72 Stat. 130), is entitled— 
(1) to have that pay recomputed under the rates of basic pay 
that were in effect under that Act on the day before the effective 
date of this Act; or 
(2) to an increase of 5 percent in the retired pay or retainer 
pay to which he was entitled on the day before the effective date 
of this Act; 
whichever pay is the greater. 
(d) A member or former member of a uniformed service who was 
entitled to retired pay on the day before the effective date of this Act 
and who served as Chief of Staff of the Army, Chief of Naval Opera-
tions, Chief of Staff of the Air Force, or Commandant of the Marine 
Corps is entitled— 
(1) to have his retired pay recomputed under tlie formula for 
computing retired pay applicable to him— 
(A) when he retired; or 
(B) if he served on active duty after he retired and his 
retired pay was recomputed by reason of that service, when 
his retired pay was so recomputed; 
using as his rate of basic pay the rate of basic pay prescribed for 
officers serving on active duty in those positions on June 1, 1958, 
by footnote 1 to the table for commissioned officers in section 
201(a) of the (^areer (Compensation Act of 1949, as amended (72 
76 stat. 500. 
Stat. 122) ; or 
(2) to an increase of 5 percent in the retired pay to which he 
was entitled on the day before the effective date of this Act; 
whichever pay is the greater. 
(e) A member or former member of a uniformed service who was 
entitled to retired pay or retainer pay on the day before the effective 
date of this Act, other than a member or former member who is 
covered by subsection (b), (c), or (d) of this section, is entitled to an 
increase of 5 percent in the retired pay or retainer pay to which he 
was entitled on the day before the effective date of this Act. 
(f) Notwithstanding any other provision of law, a member of an 
armed force who was entitled to pay and allowances under any of the 
following provisions of law on the day before the effective date of this 
Act shall continue to receive the pay and allowances to which he was 
entitled on that day: 
(1) The Act of March 28, 1946, chapter 112 (60 Stat. 59). 
so use app. 
(2) TheActof June 26,1948, chapter 677 (62 Stat. 1052). 
1691-1692 note. 
(3) The Act of September 18, 1950, chapter 952 (64 Stat. 
s use 626c note. 
A224). 
(g) Chapter 7l of title 10, United States Code, is amended— 
7
0
A stat. 106. 
(1) by adding the following new section after section 1401: 
"§ 1401a. Adjustment of retired pay and retainer pay to reflect 
changes in Consumer Price Index 
"'(a) Unless otherwise specifically provided by law, the retired pay 
or retainer pay of a member or former member of an armed force 
shall not be recomputed to reflect any increase in the rates of basic pay 
for members of the armed forces if that increase becomes effective 
after the effective date of this section. 
214 
PUBLIC LAW 88-132-OCT. 2, 1963 
[77 STAT. 
"(b) In January of each calendar year after 1963, the Secretary of 
Defense shall determine the percent*^ that the annual average of the 
Consumer Price Index (all items—United States city average) pub-
lished by the Bureau of Labor Statistics for the preceding calendar 
year has increased over that for 1962 or, if later, for the calendar 
year preceding that in which the most recent adjustment in retired 
pay and retainer pay has been made under this subsection. If the 
Secretary determines the percent of that increase to be 3 or more; 
the retired pay or retainer pay of a member or former member of 
an armed force who became entitled to that pay before January 2 
of the year in which the Secretary makes that determination shall, 
as of April 1 of that year, be increased by that percent, adjusted to 
the nearest one-tenth of 1 percent."; and 
(2) by inserting the following new item in the analysis: 
"14()la. Adjustment of retired pay and retainer pay to reflect changes in Con-
sumer Price Index." 
(h) Title 10, United States Code, is amended as follows: 
7
0
A Stat. 106. 
(1) Scction 1401 is amended by striking out the words ", and 
adjust to reflect later changes in applicable permanent rat^s" in 
footnote 1 to the table; 
7
0
A Stat. 232; 
(2) Scctious 3991 and 8991 are each amended— 
^VoA^staf°556- 
(^) ^^ amending column 1 of formula A in the table to 
71 Stat. 3 89. ' 
read as follows: 
"Monthly basic pay ^ of member's retired grade.'"; and 
(B) by amending footnote 2 to the table to read as follows: 
"^ Compute, at rates applicable on date of retirement." 
Repeal. 
(3) Chapter 561 is amended by repealing section 6149 and 
7
0
A Stat. 385. 
Striking out the following item in the analysis: 
••6149. Retired pay: computed on basis of rates of pay for officers on the active 
list." 
70Astat. 385; 
(4) Sections 6151(b), 6323(e), 6325(a)(2) and (b)(2), 6326 
;SA stt'394- 
(^) (2)» 6381(a) (2), 6383(c) (2), 6390(b) (2), and 6394(h) are 
72 Stat. 1511.' 
each amended by striking out the words "to which he would be 
entitled if serving on active duty in" and inserting in place thereof 
the word "of". 
7
0
A Stat. 396. 
(5) Scction 6327(b) is amended by striking out the words "to 
which he would be entitled if on active duty" and inserting in 
place thereof the w^ords "of the grade in which retired". 
7
0
A Stat. 413; 
(6) Sectlous 6396(c)(2), 6398(b)(2), 6399(c)(2), and 6400 
(b) (2) are each amended by striking out the words "to which 
she would be entitled if serving on active duty in" and inserting 
in place thereof the word "of". 
63 Stat. 525. 
(i) Section 423 of title 14, United States Code, is amended by strik-
ing out the word "active-duty" wherever it appears and inserting in 
place thereof the word "basic". 
(j) A member or former member of a uniformed service is not 
entitled to an increase in his retired pay or retainer pay because of 
the enactment of this Act for any period before the effective date of 
this Act. 
(k) Section 3(b) of the Act of August 10, 1956, ch. 1041 (33 U.S.C. 
857a(b)), and section 221(b) of the Public Health Service Act (42 
7
0
A Stat. 619. 
U.S.C. 213a (b)) are each amended by striking out the words "or 'the 
Secretary concerned' " and inserting in place thereof the words ", 'the 
Secretary concerned', or 'the Secretary of Defense' ". 
7
0
A Stat. 107. 
(1) (1) Scction 1402(a) of title 10, United States Code, is amended 
to read as follows: 
" (a) A member of an armed force who has become entitled to retired 
pay or retainer pay, and who thereafter serves on active duty (other 
71 Stat. 385; 
70A Stat. 414. 
77 STAT.] 
PUBLIC LAW 88-132-OCT. 2,1963 
215 
than for training), is entitled to recompute his retired pay or retainer 
pay upon his release from that duty as follows: 
"Col. 1, take-
Monthly basic pay ' of the grade in 
which he would be eligible— 
(1) to retire ifhe were retiring upon 
that release from active duty; or 
(2) to transfer to the Fleet Reserve 
or Fleet Marine Corps Reserve 
if he were transferring to either 
upon that release from active 
duty. 
Col. 2, multiply by— 
2H percent of the sum o
f
— 
(1) the years of service that 
may be credited to him in 
computing retired pay or 
retainer pay; and 
(2) his years of active service 
after becoming entitled to re-
tired pay or retainer pay.' 
Col. 3, subtract— 
Excess over 75 percent of pay 
upon which computation is 
based. 
"' For a member who has been entitled, for a continuous period of at least two years, to basic pay under 
the rates of basic pay in effect upon that release from active duty, compute under those rates. For a member 
who has been entitled to basic pay for a continuous period of at least two years upon that release from ac-
tive duty, but who is not covered by the preceding sentence, compute under the rates of basic pay replaced 
by those in effect upon that release from active duty. For any other member, compute under the rates of 
basic pay under which the member's retired pay or retainer pay was computed when he entered on that 
active duty. 
"' Before applying the percentage factor, credit a part of a year that is six months or more as a whole 
year, and disregard a part of a year that is less than six months. 
However, an officer who was ordered to active duty (other than for 
training) in the grade that he holds on the retired list under former 
section 6150 of this title, or under any other law that authorized ad-
vancement on the retired list based upon a special commendation for 
the performance of duty in actual combat, may have his retired pay 
recomputed under this subsection on the basis of the rate of basic pay 
applicable to that grade upon his release from that active duty only 
if he has been entitled, for a continuous period of at least three years, 
to basic pay at that rate. 
If, upon his release from that active duty, 
he has been entitled to the basic pay of that grade for a continuous 
period of at least three years, but he does not qualify under the pre-
ceding sentence, he may have his retired pay recomputed under this 
subsection on the basis of the rate of basic pay prescribed for that 
grade by the rates of basic pay replaced by those in effect upon his 
release from that duty." 
(2) Notwithstanding paragraph (1) of this subsection, and unless 
otherwise entitled to higher retired pay or retainer pay, a member of a 
uniformed service who is on active duty (other than for training) on 
the effective date of this Act, who was entitled to retired pay or retainer 
pay before he entered on that duty, and who is released from that duty 
on or after the effective date of this Act after having served on that 
duty for a continuous period of at least one year shall, upon that 
release from active duty, be entitled to recompute his retired pay or 
retainer pay under the table in section 1402 of title 10, United States 
Code, subject to section 6483(c) of title 10, as that table and that sec-
tion were in effect on the day before the effective date of this Act, 
using rates of basic pay prescribed by this Act. 
(m) Section 6483(c) of title 10, United States Code, is repealed. 
70A Stat. 385; 
73 Stat. 337. 
70A Stat. 107. 
72 Stat. 129. 
Repeal. 
SUBMARINE PAY FOR MEMBERS TRAINING FOR DUTY ON NUCLEAR-POWERED 
SUBMARINES 
SEC. 6. Section 301(a)(2) of title 37, United States Code, is 
amended to read as follows: 
"(2) as determined by the Secretary concerned, on a submarine 
(including, in the case of nuclear-powered submarines, periods of 
training and rehabilitation after assignment thereto), or, in the 
case of personnel qualified in submarines, as a prospective crew-
member of a submarine being constructed, and during periods of 
instruction to prepare for assignment to a submarine of advanced 
design or a position of increased responsibility on a submarine;". 
76 Stat. 461. 
216 
PUBLIC LAW 88-132-OCT. 2,1963 
[77 STAT. 
INCENTIVE PAY FOR DUTY INSIDE A HIGH- OR LOW-PRESSURE CHAMBER 
76 Stat. 461. 
SEC. 7. Section 301 (a) (9) of title 37, United States Code, is amended 
to read as follows: 
"(9) inside a high- or low-pressure chamber;". 
MULTIPLE P A Y M E N T S OP INCENTIVE PAY 
SEC. 8. Section 301 (e) of title 37, United States Code, is amended by-
striking out the words "only one payment" and inserting in place 
thereof the words "not more than two payments". 
SPECIAL PAY FOR DUTY SUBJECT TO HOSTILE FIRE 
37 use 301-309. 
ISEC. 9. (a) Chapter 5 of title 37, United States Code, is amended as 
follows: 
(1) The following new section is added after section 309: 
"§ 310. Special pay: duty subject to hostile fire 
" (a) Except in time of war declared by Congress, and under regula-
tions prescribed by the Secretary of Defense, a member of a uniformed 
service may be paid special pay at the rate of $55 a month for any 
month in which he was entitled to basic pay and in which he— 
" (1) was subject to hostile fire or explosion of hostile mines; 
"(2) was on duty in an area in which he was in imminent 
danger of being exposed to hostile fire or explosion of hostile 
mines and in which, during the period he was on duty in that area, 
other members of the uniformed services were subject to hostile 
fire or explosion of hostile mines; or 
"(3) was killed, injured, or wounded by hostile fire, explosion 
of a hostile mine, or any other hostile action. 
A member covered by clause (3) who is hospitalized for the treatment 
of his injury or wound may be paid special pay under this section for 
not more than three additional months during which he is so 
hospitalized. 
"(b) A member may not be paid more than one special pay under 
this section for any month. A member may be paid special pay under 
this section in addition to any other pay and allowances to which he 
may be entitled. 
"(c) Any determination of fact that is made in administering this 
section is conclusive. 
Such a determination may not be reviewed by 
any other officer or agency of the United States unless there has been 
fraud or gross negligence. 
However, the determination may be 
changed on the basis of new evidence or for other good cause. 
Report to Con- 
"(d) The Secretary of Defense shall report to Congress by March 1 
gress. 
of each year on the administration of this section during the preced-
ing calendar year." 
(2) The following new item is inserted in the analysis: 
"310. Special pay: duty subject to hostile fire." 
Repeal. 
(b) The Combat Duty Pay Act of 1952 (50 App. U.S.C. 2351 et 
66 Stat. 538. 
seq.) is repealed. 
E L E C T I O N BY M E M B E R S WITHOUT DEPENDENTS NOT TO OCCUPY 
(GOVERNMENT QUARTERS 
76 Stat. 470. 
SEC. 10. Sectiou 403(b) of title 87, United States Code, is amended 
by adding the following sentence at the end thereof: "However, except 
as provided by regulations prescribed under subsection (g) of this 
section, a commissioned officer without dependents who is in a pay 
77 STAT.] 
PUBLIC LAW 88-132-OCT. 2,1963 
217 
grade above pay grade 0-3 and who is assigned to quarters of the 
United States or a housing facility under the jurisdiction of a uni-
formed service, appropriate to his grade or rank and adequate for 
himself, may elect not to occupy those c[uarters and instead to receive 
the basic allowance for quarters prescribed for his pay grade by this 
section." 
FAMILY SEPARATION ALLOWANCE 
SEC. 11. Chapter 7 of title 37, United States Code, is amended as 
37 use 401-
follows: 
(1) The following new section is inserted after section 426: 
"§ 427. Family separation allowance 
"(a) In addition to any allowance or per diem to which he other-
wise may be entitled under this title, a member of a uniformed service 
w4th dependents who is on permanent duty outside of the United 
States, or in Alaska, is entitled to a monthly allowance equal to the 
basic allowance for quarters payable to a member without dependents 
in the same pay grade if— 
"(1) the movement of his dependents to his permanent station 
or a place near that station is not authorized at the expense of the 
United States under section 406 of this title and his dependents 
do not reside at or near that station; and 
"(2) quarters of the United States or a housing facility under 
the jurisdiction of a uniformed service are not available for 
assignment to him. 
"(b) Except in time of war or of national emergency hereafter 
declared by Confess, and in addition to any allowance or per diem to 
which he otherwise may be entitled under this title, including subsec-
tion (a) of this section, a member of a uniformed service with depend-
ents (other than a member in pay grade E-1, E-2, E-3, or E-4 (4 
years' or less service)) who is entitled to a basic allowance for quarters 
is entitled to a monthly allowance equal to $30 if— 
"(1) the movement of his dependents to his permanent station 
or a place near that station is not authorized at the expense of the 
United States under section 406 of this title and his dependents do 
76 stat. 473. 
not reside at or near that station; 
"(2) he is on duty on board a ship away from the home port of 
the ship for a continuous period of more than 30 days; or 
"(3) he is on temporary duty away from his permanent station 
for a continuous period of more than 30 days and his dependents 
do not reside at or near his temporary duty station. 
A member who becomes entitled to an allowance under this subsection 
by virtue of duty described in clause (2) or (3) for a continuous 
period of more than 30 days is entitled to the allowance effective as 
of the first day of that period." 
(2) The analysis is amended by inserting the following item: 
"427. Family separation allowance." 
SPECIAL PAY FOR SEA DUTY AND AT CERTAIN LOCATIONS 
SEC. 12. (a) Section 305 of title 37, United States Code, is amended 
76 stat. 465. 
to read as follows: 
"§ 305. Special pay: while on sea duty or duty at certain places 
"(a) Except as provided by subsection (b) of this section, under 
regulations prescribed by the President, an enlisted member of a 
uniformed service who is entitled to basic pay— 
218 
PUBLIC LAW 88-132-OCT. 2, 1963 
[77 STAT. 
' 1) is entitled, while on sea duty, to; or 
[2) may be paid, while on duty at a designated place outside 
the contiguous 48 States and the District of Columbia; 
special pay at the following monthly rates: 
"Pay grade 
E-9 
E-8 
E-7 
E-6..- 
-
E-6 
E-4 
E-3 
-
E-2 
E-1 
Monthly rate 
$22.60 
22.60 
22.60 
20.00 
16.00 
13.00 
9.00 
8.00 
8.00 
"(b) Appropriations of the Department of Defense may not be 
paid, as foreign duty pay under subsection (a) of this section, to a 
member of a uniform^ service who is a resident of a State, Puerto 
Rico, the Virgin Islands, a possession, or a foreign country and who is 
serving in that State, Puerto Rico, the Virgin Islands, that possession, 
or that foreign country, as the case may be." 
(b) Notwithstanding subsection (a), an enlisted member who, on 
the day before the effective date of this Act, was permanently assigned 
to duty at a place outside the United States or m Alaska or Hawaii, 
shall, during the remaining period of that assignment, but not after 
that place is designated for the purpose of section 305(a) (2) of title 
37, United States Code, be paid the basic pay to which he was entitled 
on that date plus special pay under section 305 of title 37, United 
States Code, whenever qualified thereunder as that section was in effect 
on the day before the effective date of this Act, if the total of that basic 
pay and that special pay is more than the basic pay to which he would 
otherwise be entitled during that period under section 2 of this Act. 
(c) The analysis of chapter 5 of title 37, United States Code is 
amended by striking out the following item: 
"305. Special pay : sea and foreign duty." 
and inserting in place thereof the following item: 
"305. Special pay: while on sea duty or duty at certain places" 
72 Stat. 1127-
SAVINGS PROVISION 
SEC. 13. (a) The enactment of this Act does not reduce the rate of 
dependency and indemnity compensation under section 411 of title 38, 
United States ('ode, that any person was receiving on the day before 
the effective date of this Act or which thereafter becomes payable for 
that day by reason of a subsequent determination. 
(b) The enactment of this Act does not reduce the basic pay or the 
retired pay or retainer pay to which a member or former member of a 
uniformed service was entitled on the day before the effective date of 
this Act. 
EFFECTIVE DATE 
SEC. 14. This Act becomes effective on October 1, 1963. 
Approved October 2, 1963, 9:40 a.m.