A-12448, JANUARY 26, 1926, 5 COMP. GEN. 538

A-12448: Jan 26, 1926

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WAS DISCHARGED THEREFROM ON SEPTEMBER 4. WAS NOT ENTITLED TO REENLISTMENT ALLOWANCE UPON SO REENLISTING. 1926: THERE IS FOR CONSIDERATION THE QUESTION WHETHER SAMUEL PORTER CONWAY. IS ENTITLED TO $200 REENLISTMENT ALLOWANCE PAID HIM ON HIS REENLISTMENT OF SEPTEMBER 14. THE RECORDS SHOW THAT CONWAY WAS HONORABLY DISCHARGED MAY 13. WAS DISCHARGED THEREFROM SEPTEMBER 4. HE WAS PAID $200 REENLISTMENT ALLOWANCE. CONWAY WAS NOT A MEMBER OF THE NAVAL RESERVE FORCE ON JULY 1. HE COULD HAVE BEEN "WHILE SO IN THE NAVAL RESERVE. ONE OF THE BENEFITS ACCRUING ON A REENLISTMENT IN THE NAVY WITHIN THREE MONTHS AFTER COMPLETING A FOUR YEAR ENLISTMENT IS REENLISTMENT ALLOWANCE. SECTION 22 WAS INTENDED TO PERMIT AN ENLISTED MAN IN THE NAVAL RESERVE WHO HAD ENLISTED THEREIN WITHIN THREE MONTHS FROM DATE OF HIS DISCHARGE FROM THE REGULAR NAVY.

A-12448, JANUARY 26, 1926, 5 COMP. GEN. 538

GRATUITIES - REENLISTMENT ALLOWANCE IN ORDER TO PRESERVE THE SAME BENEFITS THAT WOULD ACCRUE UPON REENLISTING IN THE NAVY WITHIN THREE MONTHS OF HIS LAST DISCHARGE THEREFROM, A MAN REENLISTING UNDER SECTION 22 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1086, MUST REENLIST BEFORE SEPARATION FROM THE NAVAL RESERVE. A MAN DISCHARGED FROM THE NAVY AT EXPIRATION OF ENLISTMENT ON MAY 13, 1925, WHO ENLISTED IN THE NAVAL RESERVE ON AUGUST 10, 1925, WAS DISCHARGED THEREFROM ON SEPTEMBER 4, 1925, AND REENLISTED IN THE NAVY ON SEPTEMBER 14, 1925, WAS NOT ENTITLED TO REENLISTMENT ALLOWANCE UPON SO REENLISTING.

DECISION BY COMPTROLLER GENERAL MCCARL, JANUARY 26, 1926:

THERE IS FOR CONSIDERATION THE QUESTION WHETHER SAMUEL PORTER CONWAY, BOILER MAKER, FIRST CLASS, UNITED STATES NAVY, IS ENTITLED TO $200 REENLISTMENT ALLOWANCE PAID HIM ON HIS REENLISTMENT OF SEPTEMBER 14, 1925.

THE RECORDS SHOW THAT CONWAY WAS HONORABLY DISCHARGED MAY 13, 1925, FROM AN ENLISTMENT ENTERED INTO ON JUNE 17, 1921; THAT HE ENLISTED IN THE NAVAL RESERVE AUGUST 10, 1925, AND WAS DISCHARGED THEREFROM SEPTEMBER 4, 1925, BY SPECIAL ORDER TO ENLIST IN THE REGULAR NAVY; AND THAT UPON REENLISTING IN THE NAVY ON SEPTEMBER 14, 1925, HE WAS PAID $200 REENLISTMENT ALLOWANCE.

SECTION 22 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1086, ESTABLISHING THE NAVAL RESERVE, PROVIDES THAT:

* * * 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.

SECTION 25 OF THE SAME ACT PROVIDES:

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.

CONWAY WAS NOT A MEMBER OF THE NAVAL RESERVE FORCE ON JULY 1, 1925, AND SECTION 25 OF THE ACT HAS NO APPLICATION TO HIS CASE. HAVING COMPLETED A FOUR-YEAR ENLISTMENT WHEN DISCHARGED FROM THE REGULAR NAVY ON MAY 13, 1925, AND HAVING ENLISTED IN THE NAVAL RESERVE WITHIN THREE MONTHS FROM DATE OF SUCH DISCHARGE, HE COULD HAVE BEEN "WHILE SO IN THE NAVAL RESERVE," UNDER THE PROVISIONS OF SECTION 22 OF THE ACT QUOTED ABOVE, REENLISTED IN THE REGULAR NAVAL SERVICE WITH RIGHT TO THE SAME BENEFITS AS IF HE HAD REENLISTED THEREIN WITHIN THREE MONTHS OF HIS LAST DISCHARGE THEREFROM. ONE OF THE BENEFITS ACCRUING ON A REENLISTMENT IN THE NAVY WITHIN THREE MONTHS AFTER COMPLETING A FOUR YEAR ENLISTMENT IS REENLISTMENT ALLOWANCE.

SECTION 22 WAS INTENDED TO PERMIT AN ENLISTED MAN IN THE NAVAL RESERVE WHO HAD ENLISTED THEREIN WITHIN THREE MONTHS FROM DATE OF HIS DISCHARGE FROM THE REGULAR NAVY, UPON THE COMPLETION OF A FOUR-YEAR TERM, TO REENTER THE REGULAR NAVY WITHOUT LOSING ANY OF THE BENEFITS WHICH WOULD ACCRUE TO HIM UPON REENLISTING WITHIN THREE MONTHS OF HIS LAST DISCHARGE THEREFROM. CONWAY WAS DISCHARGED FROM THE NAVAL RESERVE ON SEPTEMBER 4, 1925, AND REENLISTED IN THE REGULAR NAVAL SERVICE ON SEPTEMBER 14, 1925, THUS BEING OUT OF EITHER SERVICE FOR THE PERIOD BETWEEN THOSE DATES. THE WORDS "WHILE SO IN THE NAVAL RESERVE" INCLUDE ONLY MEN WHO REENLIST IN THE REGULAR NAVY BEFORE EXPIRATION OF THEIR NAVAL RESERVE ENLISTMENT OR BEFORE TERMINATION THEREOF BY DISCHARGE. THE LAW REQUIRES THAT THE REENLISTMENT IN THE REGULAR NAVAL SERVICE BE ACTUALLY CONTINUOUS WITH THE ENLISTMENT IN THE NAVAL RESERVE, THERE BEING NO PROVISION TO SO REENLIST WITHIN THREE MONTHS FROM THE DATE OF DISCHARGE FROM THE NAVAL RESERVE AS PROVIDED FOR MEN COMING WITHIN THE PROVISIONS OF SECTION 25 OF THE ACT. THE NAVY DEPARTMENT HAS ALSO SO CONSTRUED THE LAW; ARTICLE H-1434, OF THE NAVAL RESERVE REGULATIONS, 1925, PROVIDES:

MEN ENLISTING IN THE REGULAR NAVY MUST BE DISCHARGED FROM THE NAVAL RESERVE AS OF THE DATE PRIOR TO THE DATE OF ENLISTMENT IN THE NAVY.

TO PRESERVE THE SAME BENEFITS THAT WOULD ACCRUE UPON REENLISTING IN THE NAVY WITHIN THREE MONTHS OF HIS LAST DISCHARGE, A MAN REENLISTING UNDER SECTION 22 MUST REENLIST BEFORE SEPARATION FROM THE NAVAL RESERVE. UNDER THAT SECTION THE MAN IS DISCHARGED FROM THE NAVAL RESERVE BECAUSE OF HIS REENLISTMENT IN THE NAVY AND NOT IN ORDER TO SO REENLIST. CONWAY HAVING BEEN DISCHARGED ON SEPTEMBER 4, 1925, WAS NOT IN THE NAVAL RESERVE ON SEPTEMBER 14, 1925, WHEN HE REENLISTED IN THE REGULAR NAVY, AND THEREFORE WAS NOT ENTITLED TO THE ENLISTMENT ALLOWANCE HE RECEIVED UPON SO REENLISTING. 5 COMP. GEN. 184.