---
kind: "section"
citation: "37 U.S.C. § 320"
title: "37"
title_heading: "Pay and Allowances of the Uniformed Services"
number: "320"
heading: "Incentive pay: career enlisted flyers"
release: "119-102"
url: "https://uscodex.org/usc/37/320"
units:
  - "Chapter 5 — Special and Incentive Pays"
  - "Subchapter I — Existing Special Pay, Incentive Pay, and Bonus Authorities"
---

# §320. Incentive pay: career enlisted flyers

- (a) **Eligible Career Enlisted Flyer Defined.—** In this section, the term “eligible career enlisted flyer” means an [enlisted member](/usc/37/101.md?p=14) of the [armed forces](/usc/37/101.md?p=4) who—
  - (1) is entitled to basic [pay](/usc/37/101.md?p=21) under [section 204 of this title](/usc/37/204.md), or is entitled to [pay](/usc/37/101.md?p=21) under [section 206 of this title](/usc/37/206.md) as described in [subsection (e)](#e) of this section;
  - (2) holds an enlisted military occupational specialty or enlisted military [rating](/usc/37/101.md?p=17) designated as a career enlisted flyer specialty or [rating](/usc/37/101.md?p=17) by the [Secretary concerned](/usc/37/101.md?p=5), performs duty as a dropsonde system operator, or is in training leading to qualification and designation of such a specialty or [rating](/usc/37/101.md?p=17) or the performance of such duty;
  - (3) is qualified for [aviation service](#i-1) under regulations prescribed by the [Secretary concerned](/usc/37/101.md?p=5); and
  - (4) satisfies the [operational flying duty](#i-2) requirements applicable under [subsection (c)](#c).
- (b) **Incentive Pay Authorized.—**
  - (1) The [Secretary concerned](/usc/37/101.md?p=5) may [pay](/usc/37/101.md?p=21) monthly incentive [pay](/usc/37/101.md?p=21) to an [eligible career enlisted flyer](#a) in an amount not to exceed the monthly maximum amounts specified in [subsection (d)](#d). The incentive [pay](/usc/37/101.md?p=21) may be paid as continuous monthly incentive [pay](/usc/37/101.md?p=21) or on a month-to-month basis, [dependent](/usc/37/403a.md?p=e-2) upon the [operational flying duty](#i-2) performed by the [eligible career enlisted flyer](#a) as prescribed in [subsection (c)](#c).
  - (2) Continuous monthly incentive [pay](/usc/37/101.md?p=21) may not be paid to an [eligible career enlisted flyer](#a) after the [member](/usc/37/101.md?p=23) completes 25 years of [aviation service](#i-1). Thereafter, an [eligible career enlisted flyer](#a) may still receive incentive [pay](/usc/37/101.md?p=21) on a month-to-month basis under [subsection (c)(4)](#c-4) for the frequent and regular performance of [operational flying duty](#i-2).
- (c) **Operational Flying Duty Requirements.—**
  - (1) An [eligible career enlisted flyer](#a) must perform [operational flying duties](#i-2) for 6 of the first 10, 9 of the first 15, and 14 of the first 20 years of [aviation service](#i-1), to be eligible for continuous monthly incentive [pay](/usc/37/101.md?p=21) under this section.
  - (2) Upon completion of 10, 15, or 20 years of [aviation service](#i-1), an [enlisted member](/usc/37/101.md?p=14) who has not performed the minimum required [operational flying duties](#i-2) specified in [paragraph (1)](#c-1) during the prescribed period, although otherwise meeting the definition in [subsection (a)](#a), may no longer be paid continuous monthly incentive [pay](/usc/37/101.md?p=21) except as provided in [paragraph (3)](#c-3). Payment of continuous monthly incentive [pay](/usc/37/101.md?p=21) may be resumed if the [member](/usc/37/101.md?p=23) meets the minimum [operational flying duty](#i-2) requirement upon completion of the next established period of [aviation service](#i-1).
  - (3) For the needs of the service, the [Secretary concerned](/usc/37/101.md?p=5) may permit, on a case-by-case basis, a [member](/usc/37/101.md?p=23) to continue to receive continuous monthly incentive [pay](/usc/37/101.md?p=21) despite the [member](/usc/37/101.md?p=23)’s failure to perform the [operational flying duty](#i-2) required during the first 10, 15, or 20 years of [aviation service](#i-1), but only if the [member](/usc/37/101.md?p=23) otherwise meets the definition in [subsection (a)](#a) and has performed at least 5 years of [operational flying duties](#i-2) during the first 10 years of [aviation service](#i-1), 8 years of [operational flying duties](#i-2) during the first 15 years of [aviation service](#i-1), or 12 years of [operational flying duty](#i-2) during the first 20 years of [aviation service](#i-1). The authority of the [Secretary concerned](/usc/37/101.md?p=5) under this paragraph may not be delegated below the level of the Service Personnel Chief.
  - (4) If the eligibility of an [eligible career enlisted flyer](#a) to continuous monthly incentive [pay](/usc/37/101.md?p=21) ceases under [subsection (b)(2)](#b-2) or [paragraph (2)](#c-2), the [member](/usc/37/101.md?p=23) may still receive month-to-month incentive [pay](/usc/37/101.md?p=21) for subsequent frequent and regular performance of [operational flying duty](#i-2). The rate payable is the same rate authorized by the [Secretary concerned](/usc/37/101.md?p=5) under [subsection (d)](#d) for a [member](/usc/37/101.md?p=23) of corresponding years of [aviation service](#i-1).
- (d) **Monthly Maximum Rates.—** The monthly rate of any career enlisted flyer incentive [pay](/usc/37/101.md?p=21) paid under this section to a [member](/usc/37/101.md?p=23) on [active duty](/usc/37/101.md?p=18) shall be prescribed by the [Secretary concerned](/usc/37/101.md?p=5), but may not exceed the following:

  | Years of [aviation service](#i-1) | Monthly rate |
  | --- | --- |
  | 4 or less | $150 |
  | Over 4 | $225 |
  | Over 8 | $350 |
  | Over 14 | $400. |

- (e) **Eligibility of Reserve Component Members When Performing Inactive Duty Training.—** Under regulations prescribed by the [Secretary concerned](/usc/37/101.md?p=5), when a [member](/usc/37/101.md?p=23) of a [reserve component](/usc/37/101.md?p=24) or the [National Guard](/usc/37/101.md?p=6), who is entitled to compensation under [section 206 of this title](/usc/37/206.md), meets the definition of [eligible career enlisted flyer](#a), the [Secretary concerned](/usc/37/101.md?p=5) may increase the [member](/usc/37/101.md?p=23)’s compensation by an amount equal to <sup>1</sup>⁄<sub>30</sub> of the monthly incentive [pay](/usc/37/101.md?p=21) authorized by the [Secretary concerned](/usc/37/101.md?p=5) under [subsection (d)](#d) for a [member](/usc/37/101.md?p=23) of corresponding years of [aviation service](#i-1) who is entitled to basic [pay](/usc/37/101.md?p=21) under [section 204 of this title](/usc/37/204.md). The [reserve component](/usc/37/101.md?p=24) [member](/usc/37/101.md?p=23) may receive the increase for as long as the [member](/usc/37/101.md?p=23) is qualified for it, for each regular period of instruction or period of appropriate duty, at which the [member](/usc/37/101.md?p=23) is engaged for at least two hours, or for the performance of such other equivalent training, instruction, duty or appropriate duties, as the Secretary may prescribe under [section 206(a) of this title](/usc/37/206.md?p=a).
- (f) **Relation to Hazardous Duty Incentive Pay or Diving Duty Special Pay.—** A [member](/usc/37/101.md?p=23) receiving incentive [pay](/usc/37/101.md?p=21) under [section 301(a) of this title](/usc/37/301.md?p=a) or special [pay](/usc/37/101.md?p=21) under [section 304 of this title](/usc/37/304.md) may not be paid special [pay](/usc/37/101.md?p=21) under this section for the same period of service.
- (g) **Save Pay Provision.—** If, immediately before a [member](/usc/37/101.md?p=23) receives incentive [pay](/usc/37/101.md?p=21) under this section, the [member](/usc/37/101.md?p=23) was entitled to incentive [pay](/usc/37/101.md?p=21) under [section 301(a) of this title](/usc/37/301.md?p=a), the rate at which the [member](/usc/37/101.md?p=23) is paid incentive [pay](/usc/37/101.md?p=21) under this section shall be equal to the higher of the monthly amount applicable under [subsection (d)](#d) or the rate of incentive [pay](/usc/37/101.md?p=21) the [member](/usc/37/101.md?p=23) was receiving under subsection (b) or (c)(2)(A) of [section 301 of this title](/usc/37/301.md).
- (h) **Specialty Code of Dropsonde System Operators.—** Within the Air Force, the Secretary of the Air Force shall assign to [members](/usc/37/101.md?p=23) who are dropsonde system operators a specialty code that identifies such [members](/usc/37/101.md?p=23) as serving in a weather specialty.
- (i) **Definitions.—** In this section:
  - (1) The term “aviation service” means participation in aerial flight performed, under regulations prescribed by the [Secretary concerned](/usc/37/101.md?p=5), by an [eligible career enlisted flyer](#a).
  - (2) The term “operational flying duty” means flying performed under competent orders while serving in assignments, including an assignment as a dropsonde system operator, in which basic flying skills normally are maintained in the performance of assigned duties as determined by the [Secretary concerned](/usc/37/101.md?p=5), and flying duty performed by [members](/usc/37/101.md?p=23) in training that leads to the award of an enlisted aviation [rating](/usc/37/101.md?p=17) or military occupational specialty designated as a career enlisted flyer [rating](/usc/37/101.md?p=17) or specialty by the [Secretary concerned](/usc/37/101.md?p=5).

## Source credit

(Added Pub. L. 106–65, div. A, title VI, § 628(a)(1), Oct. 5, 1999, 113 Stat. 657.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Pub. L. 106–65, div. A, title VI, § 628(b), Oct. 5, 1999, 113 Stat. 659, provided that: “The amendments made by subsection (a) [enacting this section] shall take effect on October 1, 1999.”