{"identifier":"/us/usc/t38/s1302","title":38,"num":"\u00a7\u202f1302.","heading":"Determination of pay grade","text":"\u00a7\u202f1302.\nDetermination of pay grade\n(a) With respect to a veteran who died in the active military, naval, air, or space service, such veteran\u2019s pay grade shall be determined as of the date of such veteran\u2019s death or as of the date of a promotion after death while in a missing status.\n(b) With respect to a veteran who did not die in the active military, naval, air, or space service, such veteran\u2019s pay grade shall be determined as of\u2014\n(1) the time of such veteran\u2019s last discharge or release from active duty under conditions other than dishonorable; or\n(2) the time of such veteran\u2019s discharge or release from any period of active duty for training or inactive duty training, if such veteran\u2019s death results from service-connected disability incurred during such period and if such veteran was not thereafter discharged or released under conditions other than dishonorable from active duty.\n(c) The pay grade of any veteran described in\nsection 106(b) of this title\n(d) If a veteran has satisfactorily served on active duty for a period of six months or more in a pay grade higher than that specified in subsection (a) or (b) and any subsequent discharge or release from active duty was under conditions other than dishonorable, the higher pay grade shall be used if it will result in greater monthly payments to such veteran\u2019s surviving spouse under this chapter. The determination as to whether an individual has served satisfactorily for the required period in a higher pay grade shall be made by the Secretary of the department in which such higher pay grade was held.\n(e) The pay grade of any person not otherwise described in this section, but who had a compensable status on the date of such person\u2019s death under laws administered by the Secretary, shall be determined by the head of the department under which such person performed the services by which such person obtained such status (taking into consideration such person\u2019s duties and responsibilities) and certified to the Secretary. For the purposes of this chapter, such person shall be deemed to have been on active duty while performing such services.","url":"https://projectusc.org/usc/t38/s1302.html","content":[{"t":"sec","id":"/us/usc/t38/s1302","children":[{"t":"num","text":"\u00a7\u202f1302."},{"t":"heading","text":"Determination of pay grade"},{"t":"subsec","id":"/us/usc/t38/s1302/a","children":[{"t":"num","text":"(a)"},{"t":"content","text":" With respect to a veteran who died in the active military, naval, air, or space service, such veteran\u2019s pay grade shall be determined as of the date of such veteran\u2019s death or as of the date of a promotion after death while in a missing status.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t38/s1302/b","children":[{"t":"num","text":"(b)"},{"t":"chapeau","text":" With respect to a veteran who did not die in the active military, naval, air, or space service, such veteran\u2019s pay grade shall be determined as of\u2014"},{"t":"para","id":"/us/usc/t38/s1302/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the time of such veteran\u2019s last discharge or release from active duty under conditions other than dishonorable; or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s1302/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the time of such veteran\u2019s discharge or release from any period of active duty for training or inactive duty training, if such veteran\u2019s death results from service-connected disability incurred during such period and if such veteran was not thereafter discharged or released under conditions other than dishonorable from active duty.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t38/s1302/c","children":[{"t":"num","text":"(c)"},{"t":"content","text":" The pay grade of any veteran described in ","children":[{"t":"ref","text":"section 106(b) of this title","href":"/us/usc/t38/s106/b","tail":" shall be that to which such veteran would have been assigned upon final acceptance or entry upon active duty."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t38/s1302/d","children":[{"t":"num","text":"(d)"},{"t":"content","text":" If a veteran has satisfactorily served on active duty for a period of six months or more in a pay grade higher than that specified in subsection (a) or (b) and any subsequent discharge or release from active duty was under conditions other than dishonorable, the higher pay grade shall be used if it will result in greater monthly payments to such veteran\u2019s surviving spouse under this chapter. The determination as to whether an individual has served satisfactorily for the required period in a higher pay grade shall be made by the Secretary of the department in which such higher pay grade was held.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t38/s1302/e","children":[{"t":"num","text":"(e)"},{"t":"content","text":" The pay grade of any person not otherwise described in this section, but who had a compensable status on the date of such person\u2019s death under laws administered by the Secretary, shall be determined by the head of the department under which such person performed the services by which such person obtained such status (taking into consideration such person\u2019s duties and responsibilities) and certified to the Secretary. For the purposes of this chapter, such person shall be deemed to have been on active duty while performing such services.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}