(a)
(b)
(c)
(d)
(e)
(A) while permanently or temporarily assigned to a ship and—
(i) while serving on a ship the primary mission of which is accomplished while under way;
(ii) while serving as a member of the off-crew of a two-crewed submarine;
(iii) while serving as a member of a tender-class ship (with the hull classification of submarine or destroyer); or
(iv) while serving as an off-cycle crewmember of a multi-crewed ship; or
(B) while permanently or temporarily assigned to a ship and while serving on a ship the primary mission of which is normally accomplished while in port, but only during a period that the ship is away from its homeport.
(2) The Secretary concerned may designate duty performed by a member while serving on a ship the primary mission of which is accomplished either while under way or in port as "sea duty" for purposes of this section, even though the duty is performed while the member is permanently or temporarily assigned to a ship-based staff or other unit not covered by paragraph (1).
(3) For the purpose of determining the years of sea duty with which a member may be credited for purposes of this section, the term "sea duty" also includes duty performed after December 31, 1988, by a member while permanently or temporarily assigned to a ship or ship-based staff and while serving on a ship on which the member would be entitled, during a period that the ship is away from its homeport, to receive sea pay by reason of paragraph (1)(B).
(4) A ship shall be considered to be away from its homeport for purposes of this subsection when it is—
(A) at sea; or
(B) in a port that is more than 50 miles from its homeport.
(Added Pub. L. 95–485, title VIII, §804(a)(1), (2), Oct. 20, 1978, 92 Stat. 1620; amended Pub. L. 96–343, §3(a), (b), Sept. 8, 1980, 94 Stat. 1124; Pub. L. 96–579, §4(a), Dec. 23, 1980, 94 Stat. 3364; Pub. L. 97–60, title I, §116, Oct. 14, 1981, 95 Stat. 996; Pub. L. 97–295, §3(1), Oct. 12, 1982, 96 Stat. 1303; Pub. L. 98–525, title VI, §623(a), Oct. 19, 1984, 98 Stat. 2541; Pub. L. 99–145, title VI, §634(a), Nov. 8, 1985, 99 Stat. 647; Pub. L. 100–26, §8(e)(5), Apr. 21, 1987, 101 Stat. 286; Pub. L. 100–180, div. A, title VI, §621(a)–(c), Dec. 4, 1987, 101 Stat. 1097, 1099; Pub. L. 100–224, §5(a)(1), Dec. 30, 1987, 101 Stat. 1538; Pub. L. 100–456, div. A, title XII, §1233(b)(1), Sept. 29, 1988, 102 Stat. 2057; Pub. L. 101–189, div. A, title VI, §653(b), Nov. 29, 1989, 103 Stat. 1462; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–190, div. A, title XI, §1111(d)(3), Dec. 5, 1991, 105 Stat. 1492; Pub. L. 104–106, div. A, title VI, §618, Feb. 10, 1996, 110 Stat. 362; Pub. L. 105–85, div. A, title VI, §620, Nov. 18, 1997, 111 Stat. 1790; Pub. L. 106–398, §1 [[div. A], title VI, §630(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–156; Pub. L. 110–181, div. A, title VI, §618, Jan. 28, 2008, 122 Stat. 151.)
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