A-13800, MAY 19, 1926, 5 COMP. GEN. 919

A-13800: May 19, 1926

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REENLISTMENT ALLOWANCE - MARINE CORPS ENLISTED MEN AN ENLISTED MAN OF THE MARINE CORPS WHO WAS DISCHARGED WITHOUT BEING REQUIRED TO MAKE GOOD TIME LOST. WAS ASSIGNED TO THE FLEET MARINE CORPS RESERVE UNDER SECTION 22 OF THE ACT OF FEBRUARY 28. IS ENTITLED. FOR DECISION WHETHER YOU ARE AUTHORIZED TO PAY HOMER S. IT IS FURTHER SHOWN THAT HE LOST 14 DAYS (ARTICLE 554. DURING HIS FIRST ENLISTMENT AND WAS DISCHARGED WITHOUT BEING REQUIRED TO MAKE GOOD THE TIME SO LOST. MEN WHO HAVE SO OBLIGATED THEMSELVES SHALL BE ASSIGNED TO THE FLEET NAVAL RESERVE FOR THE FOUR YEAR PERIOD. AS SLAUGHTER WAS SERVING IN THE MARINE CORPS AND COULD ONLY BE ASSIGNED TO THE FLEET NAVAL RESERVE ON TERMINATION OF HIS ENLISTMENT IF UNDER AUTHORIZATION OF THE SECRETARY OF THE NAVY HE OBLIGATED "HIMSELF TO SERVE FOUR YEARS IN THE FLEET NAVAL RESERVE UPON TERMINATION OF HIS ENLISTMENT IN THE REGULAR NAVAL SERVICE.

A-13800, MAY 19, 1926, 5 COMP. GEN. 919

GRATUITIES, REENLISTMENT ALLOWANCE - MARINE CORPS ENLISTED MEN AN ENLISTED MAN OF THE MARINE CORPS WHO WAS DISCHARGED WITHOUT BEING REQUIRED TO MAKE GOOD TIME LOST, AS REQUIRED BY THE ACT OF AUGUST 29, 1916, AS AMENDED BY THE ACT OF JULY 1, 1918, 40 STAT. 717, AND WAS ASSIGNED TO THE FLEET MARINE CORPS RESERVE UNDER SECTION 22 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1086, IS ENTITLED, UPON HIS REENLISTMENT IN THE MARINE CORPS FROM THE FLEET MARINE CORPS RESERVE MORE THAN THREE MONTHS AFTER HIS DISCHARGE FROM THE MARINE CORPS AND ASSIGNMENT TO THE RESERVE, TO PAYMENT OF THE ENLISTMENT ALLOWANCE WITHOUT DEDUCTING RETAINER PAY ADVANCED TO HIM ON HIS ASSIGNMENT TO THE RESERVE.

COMPTROLLER GENERAL MCCARL TO CAPT. R. R. WRIGHT, UNITED STATES MARINE CORPS, MAY 19, 1926:

THERE HAS BEEN RECEIVED YOUR REQUEST DATED FEBRUARY 8, 1926, FOR DECISION WHETHER YOU ARE AUTHORIZED TO PAY HOMER S. SLAUGHTER, PRIVATE, FIRST CLASS, UNITED STATES MARINE CORPS, ENLISTMENT ALLOWANCE IN THE AMOUNT OF $50 UPON HIS REENLISTMENT IN THE MARINE CORPS ON DECEMBER 9, 1925, AND ALSO WHETHER THE ADVANCE PAYMENT TO HIM FOR RETAINER PAY IN THE AMOUNT OF $25 UPON HIS ASSIGNMENT TO THE FLEET MARINE CORPS RESERVE ON AUGUST 3, 1925, UNDER SECTION 22 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1086, SHOULD BE DEDUCTED FROM THE AMOUNT OF SAID ENLISTMENT ALLOWANCE.

SLAUGHTER'S SERVICE RECORD AS SET FORTH IN YOUR SUBMISSION SHOWS THAT HE ENLISTED IN THE UNITED STATES MARINE CORPS AUGUST 3, 1922; DISCHARGED AUGUST 2, 1925; ASSIGNED TO THE FLEET MARINE CORPS RESERVE AUGUST 3, 1925; DISCHARGED DECEMBER 8, 1925, AND REENLISTED IN THE UNITED STATES MARINE CORPS DECEMBER 9, 1925. IT IS FURTHER SHOWN THAT HE LOST 14 DAYS (ARTICLE 554, NAVY REGULATIONS, 1920), DURING HIS FIRST ENLISTMENT AND WAS DISCHARGED WITHOUT BEING REQUIRED TO MAKE GOOD THE TIME SO LOST.

SECTION 9 OF THE ACT OF JUNE 10, 1922, 42 STAT. 629, PROVIDES:

* * * ON AND AFTER JULY 1, 1922, AN ENLISTMENT ALLOWANCE EQUAL TO $50, MULTIPLIED BY THE NUMBER OF YEARS SERVED IN THE ENLISTMENT PERIOD FROM WHICH HE HAS LAST BEEN DISCHARGED, SHALL BE PAID TO EVERY HONORABLY DISCHARGED ENLISTED MAN ON 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, 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 * * *.

SECTION 22 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1086, PROVIDES:

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 OR EXTENSION OF THEIR ENLISTMENT IN THE REGULAR NAVAL SERVICE, IN WHICH EVENT THEY MAY BE REENLISTED OR MAY EXTEND THEIR ENLISTMENT IN THE REGULAR NAVAL SERVICE: PROVIDED FURTHER, THAT THE MEN SO ASSIGNED TO THE FLEET NAVAL RESERVE FOR THE FOUR-YEAR PERIOD SHALL NOT, IN TIME OF PEACE, BE ORDERED TO ACTIVE DUTY,EXCEPT WITH THEIR OWN CONSENT, AND SHALL BE UNDER NO OBLIGATION TO PERFORM TRAINING DUTY OR DRILL DURING THAT PERIOD, BUT SHALL BE PAID IN ADVANCE $25 PER ANNUM, EXCEPT WHEN, WITH THEIR OWN CONSENT, THEY BECOME ATTACHED TO A DIVISION OF THE FLEET NAVAL RESERVE, OR SATISFACTORILY PERFORM APPROPRIATE DUTIES ASSIGNED BY DIRECTION OF THE SECRETARY OF THE NAVY, IN WHICH CASE THEY SHALL RECEIVE THE PAY, ALLOWANCES, GRATUITIES, AND OTHER EMOLUMENTS AS HEREIN SPECIFICALLY PROVIDED FOR ENLISTED MEN OF THE FLEET NAVAL RESERVE.

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.

AS SLAUGHTER WAS SERVING IN THE MARINE CORPS AND COULD ONLY BE ASSIGNED TO THE FLEET NAVAL RESERVE ON TERMINATION OF HIS ENLISTMENT IF UNDER AUTHORIZATION OF THE SECRETARY OF THE NAVY HE OBLIGATED "HIMSELF TO SERVE FOUR YEARS IN THE FLEET NAVAL RESERVE UPON TERMINATION OF HIS ENLISTMENT IN THE REGULAR NAVAL SERVICE," IT WILL BE PRESUMED, FOR THE PURPOSE OF THIS DECISION, THAT PRIOR TO TERMINATION OF HIS ENLISTMENT HE SO OBLIGATED HIMSELF AND PURSUANT THERETO WAS ASSIGNED TO THE FLEET NAVAL RESERVE.

HAD SLAUGHTER REENLISTED IN THE MARINE CORPS WITHIN THREE MONTHS OF HIS DISCHARGE AUGUST 2, 1925, HE WOULD HAVE BEEN ENTITLED TO ENLISTMENT ALLOWANCE FOR TWO YEARS' SERVICE AS A PRIVATE, FIRST CLASS. THE QUESTION IS WHETHER, BECAUSE OF HIS FAILURE TO MAKE GOOD THE 14 DAYS LOST IN VIEW OF THE ACT OF AUGUST 29, 1916, AS AMENDED, 40 STAT. 717, HIS ENLISTMENT WAS "TERMINATED" SO AS TO MAKE HIM ELIGIBLE FOR ASSIGNMENT TO THE FLEET NAVAL RESERVE UNDER SECTION 22.

SECTION 22 DOES NOT REQUIRE IN THIS CONNECTION THAT THE ENLISTMENT SHALL BE TERMINATED AT EXPIRATION OF ENLISTMENT; WHERE THAT IS REQUIRED IT IS CLEARLY EXPRESSED AS IN THE SECOND PARAGRAPH OF THE SECTION WHERE PROVISION IS MADE FOR "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 FLEET NAVAL RESERVE. ONE OF THE PURPOSES OF SECTION 22 IS TO MAINTAIN A CONSTRUCTIVE CONTINUITY OF SERVICE FOR THE PURPOSE OF THE BENEFITS ACCRUING TO AN ENLISTED MAN UPON REENLISTMENT WITHIN THREE MONTHS OF HONORABLE DISCHARGE. IF, THEREFORE, THE ENLISTMENT HAS BEEN BROUGHT TO AN END; THERE HAS BEEN A LEGAL ASSIGNMENT TO THE FLEET NAVAL RESERVE; AND A REENLISTMENT IN THE REGULAR SERVICE (SAME BRANCH--- AS MARINE CORPS OR NAVY) FROM THE FLEET NAVAL RESERVE, THE MAN'S RIGHTS TO THE ENLISTMENT ALLOWANCE ARE TO BE DETERMINED BY THE SAME RULES AS WHEN REENLISTED WITHIN THREE MONTHS OF DISCHARGE WITHOUT ASSIGNMENT TO THE FLEET NAVAL RESERVE.

SLAUGHTER HAVING BEEN IN THE STATUS OF AN ASSIGNED MEMBER OF THE FLEET MARINE CORPS RESERVE DURING THE PERIOD FROM AUGUST 3, 1925, TO DECEMBER 8, 1925, AND HIS REENLISTMENT IN THE REGULAR SERVICE ON DECEMBER 9, 1925, NOT HAVING BEEN WITHIN THREE MONTHS OF HIS DISCHARGE THEREFROM ON AUGUST 2, 1925, HE IS ENTITLED TO RETAIN THE ADVANCE PAYMENT OF $25 WHICH WAS PAID HIM UPON SAID ASSIGNMENT AS AUTHORIZED IN SECTION 22 OF THE ACT OF FEBRUARY 28, 1925, 4 COMP. GEN. 1036.