A-11036, SEPTEMBER 11, 1925, 5 COMP. GEN. 184

A-11036: Sep 11, 1925

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ENLISTED MEN OF THE REGULAR NAVY WHO ARE ASSIGNED TO THE FLEET NAVAL RESERVE IN ACCORDANCE WITH SAID SECTION. WHO WERE ON JULY 1. 1925: I HAVE YOUR LETTER OF AUGUST 27. IS IN CONFORMITY WITH LAW. IS AS FOLLOWS: UNDER THE PROVISIONS OF SECTION 25 OF THE ACT OF FEBRUARY 28. WHO WERE ON JULY 1. MEN WHO HAVE SO OBLIGATED THEMSELVES SHALL BE ASSIGNED TO THE FLEET NAVAL RESERVE FOR THE FOUR YEAR PERIOD. IT IS SUGGESTED THAT AFTER THE WORDS "REGULAR NAVY" AND BEFORE THE WORDS "SHALL NOT" THERE BE INSERTED PARENTHETICALLY "/AS PROVIDED IN THE TWO PRECEDING PARAGRAPHS). " MAKING THE PARAGRAPH READ: ENLISTED MEN WHO ARE ENLISTED IN THE NAVAL RESERVE CREATED BY THE ACT OF FEBRUARY 28. WHO ARE DISCHARGED THEREFROM FOR ANY PURPOSE OTHER THAN TO ENLIST IN THE REGULAR NAVY (AS PROVIDED IN THE TWO PRECEDING PARAGRAPHS) SHALL NOT BE ENTITLED.

A-11036, SEPTEMBER 11, 1925, 5 COMP. GEN. 184

GRATUITIES, REENLISTMENT ALLOWANCE - ENLISTMENT AFTER DISCHARGE FROM THE NAVAL RESERVE UNDER SECTION 22 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1086, ENLISTED MEN OF THE REGULAR NAVY WHO ARE ASSIGNED TO THE FLEET NAVAL RESERVE IN ACCORDANCE WITH SAID SECTION, OR WHO WITHIN THREE MONTHS FROM DATE OF DISCHARGE FROM THE REGULAR NAVY, UPON COMPLETION OF A FOUR YEAR ENLISTMENT, ENLIST IN THE NAVAL RESERVE, MAY, WHILE SO IN THE NAVAL RESERVE, BE PERMITTED TO REENLIST IN THE REGULAR NAVY, AND SHALL BE ENTITLED TO THE SAME REENLISTMENT ALLOWANCE AS IF THEY HAD ENLISTED IN THE REGULAR NAVY WITHIN THREE MONTHS OF THEIR LAST DISCHARGE THEREFROM. UNDER SECTION 25 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1087, FORMER ENROLLED MEN OF ANY CLASS OF THE NAVAL RESERVE FORCE WHO HAD ENROLLED THEREIN WITHIN FOUR MONTHS FROM THE DATE OF THEIR DISCHARGE FROM THE REGULAR NAVY, AND WHO WERE ON JULY 1, 1925, TRANSFERRED TO THE NAVAL RESERVE CREATED BY SAID ACT, AND SUBSEQUENTLY REENLISTED IN THE REGULAR NAVY WITHIN THREE MONTHS FROM DATE OF DISCHARGE FROM THE NAVAL RESERVE, SHALL BE ENTITLED TO THE REENLISTMENT ALLOWANCE BASED ON THEIR LAST TERM OF SERVICE IN THE REGULAR NAVY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, SEPTEMBER 11, 1925:

I HAVE YOUR LETTER OF AUGUST 27, 1925, SUBMITTING A PROPOSED CHANGE IN SECTION B OF ,INSTRUCTIONS FOR CARRYING INTO EFFECT THE JOINT SERVICE PAY BILL, ACT OF JUNE 10, 1922," WITH THE REQUEST FOR AN EXPRESSION OF VIEW WHETHER THE CHANGE, IN SO FAR AS IT AFFECTS DISBURSEMENTS, IS IN CONFORMITY WITH LAW.

THE PROPOSED CHANGE TO FOLLOW AT THE END OF PARAGRAPH 5, PAGE B15, IS AS FOLLOWS:

UNDER THE PROVISIONS OF SECTION 25 OF THE ACT OF FEBRUARY 28, 1925, FORMER ENROLLED MEN OF ANY CLASS OF THE NAVAL RESERVE FORCE WHO HAD ENROLLED IN THE NAVAL RESERVE FORCE WITHIN FOUR MONTHS FROM THE DATE OF THEIR DISCHARGE FROM THE REGULAR NAVY, AND WHO WERE ON JULY 1, 1925, TRANSFERRED TO THE NAVAL RESERVE CREATED BY THE ACT OF FEBRUARY 28, 1925, AND SUBSEQUENTLY REENLIST IN THE REGULAR NAVY WITHIN THREE MONTHS FROM ENLISTMENT PERIOD FROM WHICH HE HAS LAST BEEN DISCHARGED, BUT NOT TO EXCEED $200, SHALL BE PAID TO EVERY HONORABLY DISCHARGED ENLISTED MAN OF THE FIRST THREE GRADES WHO REENLISTS WITHIN A PERIOD OF THREE MONTHS FROM THE DATE OF HIS DISCHARGE; AND AN ENLISTMENT ALLOWANCE OF $25 MULTIPLIED BY THE NUMBER OF YEARS SERVED IN THE ENLISTMENT PERIOD FROM WHICH HE HAS LAST BEEN DISCHARGED, BUT NOT TO EXCEED $100, SHALL BE PAID TO EVERY HONORABLY DISCHARGED ENLISTED MAN OF THE OTHER GRADES WHO REENLISTS WITHIN A PERIOD OF THREE MONTHS FROM THE DATE OF HIS DISCHARGE * * *.

THE PROPOSED CHANGE RELATES TO THE FOLLOWING PROVISIONS OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1086, 1087:

SEC. 25. ENROLLED MEN OF THE NAVAL RESERVE FORCE TRANSFERRED BY SECTION 1 OF THIS ACT TO THE NAVAL RESERVE HEREIN CREATED, WHO HAD ENROLLED IN THE NAVAL RESERVE FORCE WITHIN FOUR MONTHS FROM THE DATE OF THEIR DISCHARGE FROM THE REGULAR NAVY, AND WHO HEREAFTER REENLIST IN THE REGULAR NAVY WITHIN THREE MONTHS FROM THE DATE OF THEIR DISCHARGE FROM THE NAVAL RESERVE HEREIN CREATED, SHALL BE ENTITLED TO THE SAME BENEFITS AS IF THEY HAD REENLISTED IN THE REGULAR NAVY WITHIN THREE MONTHS OF THEIR LAST DISCHARGE THEREFROM.

SEC. 22. THAT THE SECRETARY OF THE NAVY, IN HIS DISCRETION, UNDER SUCH REGULATIONS AS HE MAY PRESCRIBE, MAY REQUIRE ANY PERSON HEREAFTER WHEN FIRST ENLISTING IN THE REGULAR NAVAL SERVICE AND MAY AUTHORIZE ANY ENLISTED MAN IN SUCH SERVICE TO OBLIGATE HIMSELF TO SERVE FOUR YEARS IN THE FLEET NAVAL RESERVE UPON TERMINATION OF HIS ENLISTMENT IN THE REGULAR NAVAL SERVICE: PROVIDED, THAT UPON TERMINATION OF THEIR ENLISTMENT IN ENLISTMENT PERIOD FROM WHICH HE HAS LAST BEEN DISCHARGED, BUT NOT TO EXCEED $200, SHALL BE PAID TO EVERY HONORABLY DISCHARGED ENLISTED MAN OF THE FIRST THREE GRADES WHO REENLISTS WITHIN A PERIOD OF THREE MONTHS FROM THE DATE OF HIS DISCHARGE; AND AN ENLISTMENT ALLOWANCE OF $25 MULTIPLIED BY THE NUMBER OF YEARS SERVED IN THE ENLISTMENT PERIOD FROM WHICH HE HAS LAST BEEN DISCHARGED, BUT NOT TO EXCEED $100, SHALL BE PAID TO EVERY HONORABLY DISCHARGED ENLISTED MAN OF THE OTHER GRADES WHO REENLISTS WITHIN A PERIOD OF THREE MONTHS FROM THE DATE OF HIS DISCHARGE * * *.

THE PROPOSED CHANGE RELATES TO THE FOLLOWING PROVISIONS OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1086, 1087:

SEC. 25. ENROLLED MEN OF THE NAVAL RESERVE FORCE TRANSFERRED BY SECTION 1 OF THIS ACT TO THE NAVAL RESERVE HEREIN CREATED, WHO HAD ENROLLED IN THE NAVAL RESERVE FORCE WITHIN FOUR MONTHS FROM THE DATE OF THEIR DISCHARGE FROM THE REGULAR NAVY, AND WHO HEREAFTER REENLIST IN THE REGULAR NAVY WITHIN THREE MONTHS FROM THE DATE OF THEIR DISCHARGE FROM THE NAVAL RESERVE HEREIN CREATED, SHALL BE ENTITLED TO THE SAME BENEFITS AS IF THEY HAD REENLISTED IN THE REGULAR NAVY WITHIN THREE MONTHS OF THEIR LAST DISCHARGE THEREFROM.

SEC. 22. THAT THE SECRETARY OF THE NAVY, IN HIS DISCRETION, UNDER SUCH REGULATIONS AS HE MAY PRESCRIBE, MAY REQUIRE ANY PERSON HEREAFTER WHEN FIRST ENLISTING IN THE REGULAR NAVAL SERVICE AND MAY AUTHORIZE ANY ENLISTED MAN IN SUCH SERVICE TO OBLIGATE HIMSELF TO SERVE FOUR YEARS IN THE FLEET NAVAL RESERVE UPON TERMINATION OF HIS ENLISTMENT IN THE REGULAR NAVAL SERVICE: PROVIDED, THAT UPON TERMINATION OF THEIR ENLISTMENT IN THE REGULAR NAVAL SERVICE, MEN WHO HAVE SO OBLIGATED THEMSELVES SHALL BE ASSIGNED TO THE FLEET NAVAL RESERVE FOR THE FOUR YEAR PERIOD, UNLESS THEY APPLY FOR REENLISTMENT * * * IN THE REGULAR NAVAL SERVICE * * *.

ENLISTED MEN OF THE REGULAR NAVAL SERVICE ASSIGNED TO THE FLEET NAVAL RESERVE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, OR ENLISTED MEN WHO WITHIN THREE MONTHS FROM DATE OF DISCHARGE FROM THE REGULAR NAVAL SERVICE UPON COMPLETION OF A FOUR-YEAR ENLISTMENT, ENLIST IN THE NAVAL RESERVE, MAY, WHILE SO IN THE NAVAL RESERVE, BE PERMITTED TO REENLIST IN THE REGULAR NAVAL SERVICE, IN WHICH CASE THEY SHALL BE ENTITLED TO THE SAME BENEFITS AS IF THEY HAD ENLISTED IN THE REGULAR NAVAL SERVICE WITHIN THREE MONTHS OF THEIR LAST DISCHARGE THEREFROM.

IT IS SUGGESTED THAT AFTER THE WORDS "REGULAR NAVY" AND BEFORE THE WORDS "SHALL NOT" THERE BE INSERTED PARENTHETICALLY "/AS PROVIDED IN THE TWO PRECEDING PARAGRAPHS)," MAKING THE PARAGRAPH READ:

ENLISTED MEN WHO ARE ENLISTED IN THE NAVAL RESERVE CREATED BY THE ACT OF FEBRUARY 28, 1925, ANY TIME AFTER JULY 1, 1925, AND WHO ARE DISCHARGED THEREFROM FOR ANY PURPOSE OTHER THAN TO ENLIST IN THE REGULAR NAVY (AS PROVIDED IN THE TWO PRECEDING PARAGRAPHS) SHALL NOT BE ENTITLED, ETC.

AS SO MODIFIED THERE APPEARS NO REASON WHY THE PROPOSED CHANGE IN INSTRUCTIONS MAY NOT BE ISSUED.

IT IS TO BE UNDERSTOOD IN A SUBMISSION OF THIS KIND THAT THE LEGAL EFFECT OF THE INSTRUCTIONS MUST BE FOR DETERMINATION OF THIS OFFICE WHEN PARTICULAR FACTS ARISE BRINGING THEM INTO QUESTION, AND THAT THE INSTRUCTIONS MUST, THEREFORE, BE SUBJECT TO SUCH INTERPRETATION AS MAY THEN BE MADE.