B-103924, JUNE 29, 1951, 30 COMP. GEN. 531

B-103924, JUNE 29, 1951, 30 COMP. GEN. 531

TRAVEL ALLOWANCE; MILITARY LEAVE PAYMENTS - ENLISTED PERSONNEL REENLISTING UPON DISCHARGE FROM INVOLUNTARY EXTENSION OF PRIOR ENLISTMENT ENLISTED MEMBERS OF THE ARMED FORCES WHO, AFTER COMPLETING THEIR NORMAL TERM OF SERVICE AND WHILE SERVING INVOLUNTARILY IN THE 12 MONTHS EXTENSION OF ENLISTMENTS AUTHORIZED BY THE ACT OF JULY 27, 1950, AND EXECUTIVE ORDER NO. 10145 ISSUED PURSUANT THERETO, ARE DISCHARGED FOR THE PURPOSE OF REENLISTING IN THE REGULAR ARMY MAY BE PAID TRAVEL ALLOWANCE AND FOR UNUSED LEAVE TO THEIR CREDIT AT THE TIME OF SUCH DISCHARGE.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF DEFENSE, JUNE 29, 1951:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 4, 1951, WITH ENCLOSURE, REQUESTING DECISION AS TO THE LEGALITY OF CREDITING TRAVEL ALLOWANCE AND UNUSED LEAVE PAY TO ENLISTED PERSONNEL OF THE ARMY WHO HAVE COMPLETED THEIR NORMAL TERMS OF SERVICE AND HAVE SERVED INVOLUNTARILY IN THE TWELVE MONTH EXTENSION OF ENLISTMENTS AUTHORIZED BY LAW BUT WERE DISCHARGED BEFORE THE EXPIRATION OF THE EXTENSION PERIOD AND REENLISTED IN THE REGULAR ARMY. IN THIS CONNECTION IT IS STATED THAT DISCHARGE IS AUTHORIZED ONLY IF REENLISTMENT WILL BE EFFECTED THE NEXT DAY.

ENLISTED MEN OF THE UNIFORMED SERVICES UPON FIRST EXTENSION OF THEIR ENLISTMENT PERIODS ARE ENTITLED, UNDER JOINT TRAVEL REGULATIONS, EFFECTIVE APRIL 1, 1951, PROMULGATED PURSUANT TO THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, TO RECEIVE A MONETARY ALLOWANCE OF 6 CENTS PER MILE FOR THE DISTANCE FROM THE PLACE WHERE THE FIRST EXTENSION TAKES EFFECT TO THE PLACE OF ENTRY INTO THE SERVICES OR TO HOME OF RECORD, AS THEY MAY ELECT, REGARDLESS OF WHETHER OR NOT THE TRAVEL IS PERFORMED. (SEE PARAGRAPH 4153, CASE 10 REVISED, OF SAID REGULATIONS.) ALSO, SECTION 4 OF THE ARMED FORCES LEAVE ACT OF 1946, 60 STAT. 964, AS AMENDED BY SECTION 1 OF THE ACT OF AUGUST 4, 1947, 61 STAT. 748, PROVIDES FOR COMPENSATING MEMBERS OF THE ARMED SERVICES FOR UNUSED LEAVE STANDING TO THEIR CREDIT AT THE TIME OF DISCHARGE, WITH THE PROVISO, INSOFAR AS HERE MATERIAL, THAT NO CASH SETTLEMENT SHALL BE MADE TO ANY MEMBER DISCHARGED FOR THE PURPOSE OF ENTERING INTO AN ENLISTMENT IN HIS RESPECTIVE BRANCH OF THE ARMED FORCES. SECTION 2 (B) OF THE SAID ACT (60 STAT. 963), DEFINES THE TERM "DISCHARGE" AS MEANING, INTER ALIA, SEPARATION OR RELEASE FROM ACTIVE DUTY UNDER HONORABLE CONDITIONS, BUT A DISCHARGE AT THE END OF AN ENLISTMENT PERIOD HAS NOT BEEN REGARDED AS A DISCHARGE FOR THE PURPOSE OF ENLISTING OR REENLISTING, ALTHOUGH IMMEDIATELY FOLLOWED BY SUCH A REENLISTMENT.

THE ACT OF JULY 27, 1950, 64 STAT. 379, PROVIDES THAT UNTIL JULY 9, 1951, THE PRESIDENT IS AUTHORIZED TO EXTEND ALL ENLISTMENTS FOR A PERIOD NOT TO EXCEED 12 MONTHS. BY EXECUTIVE ORDER NO. 10145, DATED JULY 27, 1950, THE PRESIDENT EXTENDED FOR A PERIOD OF 12 MONTHS ALL ENLISTMENTS IN THE ARMY, THE UNITED STATES NAVY, AND THE UNITED STATES MARINE CORPS, INCLUDING THE NAVAL RESERVE AND THE MARINE CORPS RESERVE, AND IN ANY COMPONENT OF THE AIR FORCE OF THE UNITED STATES, EXPIRING THEREAFTER AND PRIOR TO JULY 9, 1951, PROVIDING THAT NOTHING CONTAINED THEREIN IS TO BE CONSTRUED TO PREVENT VOLUNTARY REENLISTMENTS OR VOLUNTARY EXTENSION OF EXISTING ENLISTMENTS UNDER PROVISIONS OF APPLICABLE LAWS OR THE REGULATIONS OF THE DEPARTMENTS OF THE ARMY, NAVY AND AIR FORCE.

IN DECISION OF SEPTEMBER 14, 1950, B-97763, 30 COMP. GEN. 103, THE SECRETARY OF THE NAVY WAS ADVISED IN PERTINENT PART AS FOLLOWS:

THE APPARENT PURPOSE OF THE SAID ACT OF JULY 27, 1950, IS TO PERMIT THE PRESIDENT TO RETAIN IN THE ARMED FORCES FOR A PERIOD OF NOT TO EXCEED 12 MONTHS THOSE MEMBERS WHOSE CURRENT ENLISTMENTS OR EXTENSIONS OF ENLISTMENTS WILL EXPIRE ON OR PRIOR TO JULY 9, 1951, AND WHO OTHERWISE WOULD NOT REMAIN IN THE ARMED FORCES UPON NORMAL EXPIRATION OF THEIR CURRENT ENLISTMENTS. HOWEVER, THERE IS NO INDICATION THAT THE CONGRESS INTENDED DURING SUCH TEMPORARY PERIOD TO PROHIBIT DISCHARGES AND VOLUNTARY REENLISTMENTS OR VOLUNTARY EXTENSIONS OF ENLISTMENTS, WITH THE RESULTING MONETARY BENEFITS INCIDENT THERETO. THE ACT IS SIMILAR IN THAT RESPECT TO THE ACT OF DECEMBER 13, 1941, 55 STAT. 799, WHICH AUTHORIZED THE SECRETARY OF THE NAVY (IN TIME OF WAR) TO EXTEND ENLISTMENTS IN THE NAVAL FORCES FOR SUCH ADDITIONAL TIME AS HE MIGHT DEEM NECESSARY IN THE INTERESTS OF NATIONAL DEFENSE. IN DECISIONS OF DECEMBER 19, 1942, AND DECEMBER 11, 1943 (22 COMP. GEN. 548; 23 ID. 419), IT WAS RECOGNIZED THAT THE SAID 1941 ACT, AND ITS IMPLEMENTING REGULATIONS, DID NOT INTEND TO STOP DISCHARGES AND VOLUNTARY REENLISTMENTS--- FOR TERMS THAT MIGHT EXTEND YEARS BEYOND THE WAR--- AND THAT ENLISTED PERSONNEL OF THE NAVY WHO VOLUNTARILY REENLISTED OR EXTENDED THEIR ENLISTMENT DURING THE WAR PERIOD WERE ENTITLED TO REENLISTMENT ALLOWANCE AND TRAVEL ALLOWANCE OTHERWISE AUTHORIZED UNDER EXISTING LAW UPON REENLISTMENT. ALSO, SEE 23 COMP. GEN. 117. MOREOVER, IT APPEARS THAT THE PRESIDENT MADE IT AMPLY CLEAR IN HIS EXECUTIVE ORDER OF JULY 27, 1950, THAT, ALTHOUGH HE EXTENDED, FOR A PERIOD OF 12 MONTHS, ALL ENLISTMENTS IN THE SPECIFIED BRANCHES AND COMPONENTS WHICH OTHERWISE WOULD EXPIRE AFTER JULY 27, 1950, AND BEFORE JULY 9, 1951, NOTHING CONTAINED IN SAID ORDER WAS TO BE CONSTRUED TO PREVENT VOLUNTARY REENLISTMENTS OR VOLUNTARY EXTENSIONS OF EXISTING ENLISTMENTS "UNDER PROVISIONS OF APPLICABLE LAWS.'

YOUR QUESTION IN THE MATTER ARISES FROM THE FACT THAT IN THE SAID DECISION TO THE SECRETARY OF THE NAVY THE REENLISTMENT OF THE PERSONNEL INVOLVED OCCURRED UPON NORMAL EXPIRATION OF THE ENLISTMENT PERIOD, WHEREAS IN THE PRESENT CASE ENLISTED MEMBERS COMPLETED THEIR NORMAL TERMS OF SERVICE AND A PORTION OF THE INVOLUNTARY EXTENSION THEREOF PRIOR TO DISCHARGE AND REENLISTMENT AND IT IS STATED THAT DISCHARGE IS AUTHORIZED ONLY IF REENLISTMENT WILL BE EFFECTED THE NEXT DAY. HOWEVER, THE DISTINCTION DOES NOT APPEAR OF MATERIAL IMPORTANCE SINCE IN THE NAVY CASE IT WAS APPARENT THAT, INVOLUNTARY SERVICE BEING REQUIRED BY LAW AT THE EXPIRATION OF THE NORMAL ENLISTMENT PERIOD, DISCHARGE LIKEWISE WOULD NOT HAVE BEEN AUTHORIZED UNLESS REENLISTMENT WERE TO FOLLOW. ALSO, SINCE IN EACH CASE THE MEN SERVED THEIR NORMAL PERIOD OF ENLISTMENT, THE FACT THAT IN THE PRESENT CASE THE MEN FURTHER SERVED A PORTION OF THE INVOLUNTARY PERIOD REQUIRED BY LAW WOULD NOT OPERATE TO DEPRIVE THEM OF THEIR NORMAL RIGHT OF REENLISTMENT.

ACCORDINGLY, YOU ARE ADVISED THAT PAYMENTS OF TRAVEL ALLOWANCE AND FOR UNUSED LEAVE TO THE CREDIT OF THE MEMBER AT THE TIME OF HIS DISCHARGE ARE AUTHORIZED IN OTHERWISE PROPER CASES UPON DISCHARGE AND REENLISTMENT DURING THE TEMPORARY PERIOD PROVIDED FOR IN THE ACT OF JULY 27, 1950.