§ 3991. Computation of retired pay
(a)
Computation.—
(1)
Formula.—
The monthly retired pay of a member entitled to such pay under this subtitle is computed by multiplying—
(2)
Additional 10 percent for certain enlisted members credited with extraordinary heroism.—
If a member who is retired under section
3914 of this title has been credited by the Secretary of the Army with extraordinary heroism in the line of duty, the member’s retired pay shall be increased by 10 percent of the amount determined under paragraph (1) (but to not more than 75 percent of the retired pay base upon which the computation of such retired pay is based). The Secretary’s determination as to extraordinary heroism is conclusive for all purposes.
(b)
General Rules.—
(1)
Use of most favorable formula.—
If a person would otherwise be entitled to retired pay computed under more than one formula in subsection (a) or the table in section
1401 of this title, he is entitled to be paid under the applicable formula that is most favorable to him.
(c)
Special Rule for Retired Reserve Enlisted Members Covered by Section 3963.—
In the case of a Reserve enlisted member retired under section
3914 of this title whose retired grade is determined under section
3963 of this title and who first became a member of a uniformed service before September 8, 1980, the retired pay base of the member (notwithstanding section
1406
(a)(1) of this title) is the amount of the monthly basic pay of the member’s retired grade (determined based upon the rates of basic pay applicable on the date of the member’s retirement), and that amount shall be used for the purposes of subsection (a)(1)(A) rather than the amount computed under section
1406
(c) of this title.