37 U.S.C. § 901 — Wartime pay of officer of armed force exercising command higher than his grade

In time of war, an officer 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, is entitled to the pay and allowances (not above that of pay grade O–7) appropriate to the command so exercised. ( Pub. L. 87–649 , Sept. 7, 1962 , 76 Stat. 486 .) 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.

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