B-105963, DECEMBER 14, 1951, 31 COMP. GEN. 209

B-105963: Dec 14, 1951

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AT THE EXPIRATION OF HIS PERIOD OF SERVICE IS IMMEDIATELY TRANSFERRED TO OR ENLISTS IN A RESERVE COMPONENT AND IS IMMEDIATELY ORDERED TO EXTENDED ACTIVE DUTY IN SUCH RESERVE COMPONENT. WHO SHORTLY THEREAFTER IS DISCHARGED FROM THE RESERVE COMPONENT AND AT ONCE ENLISTS OR REENLISTS IN THE REGULAR SERVICE WITHIN THREE MONTHS FROM THE EXPIRATION OF HIS PERIOD OF SERVICE AS A SELECTEE OR AS A MEMBER OF THE REGULAR SERVICE IS ENTITLED TO THE REENLISTMENT BONUS PROVIDED FOR IN SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949. WHO LATER EXTENDS SUCH REENLISTMENT UNDER SUBSECTION 207 (C) OF THE CAREER COMPENSATION ACT OF 1949 AND IS PAID $20 FOR EACH YEAR OF THE EXTENSION. IS PRECLUDED FROM QUALIFYING FOR REENLISTMENT ALLOWANCE UNDER THE SAVINGS PROVISIONS IN SUBSECTION 207 (D) (1) OF THE ACT UPON SUBSEQUENT DISCHARGE AND REENLISTMENT WITHIN THREE MONTHS FROM THE TIME OF SUCH DISCHARGE.

B-105963, DECEMBER 14, 1951, 31 COMP. GEN. 209

ENLISTMENT ALLOWANCE AND REENLISTMENT BONUS--- CAREER COMPENSATION ACT OF 1949 A MEMBER OF A RESERVE COMPONENT WHO HAS BEEN ORDERED TO EXTENDED ACTIVE DUTY WITHOUT HIS CONSENT MAY NOT BE CONSIDERED AS HAVING PERFORMED COMPULSORY ACTIVE SERVICE WITHIN THE MEANING OF SECTION 207 (B) (1) OF THE CAREER COMPENSATION ACT OF 1949 SO AS TO BE ENTITLED TO REENLISTMENT BONUS UPON ENLISTMENT IN THE REGULAR SERVICE FOLLOWING SERVICE IN A RESERVE COMPONENT OF LESS THAN ONE YEAR. A SELECTEE OR REGULAR ARMY ENLISTEE, WHO, AT THE EXPIRATION OF HIS PERIOD OF SERVICE IS IMMEDIATELY TRANSFERRED TO OR ENLISTS IN A RESERVE COMPONENT AND IS IMMEDIATELY ORDERED TO EXTENDED ACTIVE DUTY IN SUCH RESERVE COMPONENT, AND WHO SHORTLY THEREAFTER IS DISCHARGED FROM THE RESERVE COMPONENT AND AT ONCE ENLISTS OR REENLISTS IN THE REGULAR SERVICE WITHIN THREE MONTHS FROM THE EXPIRATION OF HIS PERIOD OF SERVICE AS A SELECTEE OR AS A MEMBER OF THE REGULAR SERVICE IS ENTITLED TO THE REENLISTMENT BONUS PROVIDED FOR IN SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949. AN ENLISTED MEMBER OF THE REGULAR ARMY WHO REENLISTED PRIOR TO OCTOBER 1, 1949, AND WHO LATER EXTENDS SUCH REENLISTMENT UNDER SUBSECTION 207 (C) OF THE CAREER COMPENSATION ACT OF 1949 AND IS PAID $20 FOR EACH YEAR OF THE EXTENSION, IS PRECLUDED FROM QUALIFYING FOR REENLISTMENT ALLOWANCE UNDER THE SAVINGS PROVISIONS IN SUBSECTION 207 (D) (1) OF THE ACT UPON SUBSEQUENT DISCHARGE AND REENLISTMENT WITHIN THREE MONTHS FROM THE TIME OF SUCH DISCHARGE.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF DEFENSE, DECEMBER 14, 1951:

REFERENCE IS MADE TO LETTER OF OCTOBER 5, 1951, FROM THE ACTING SECRETARY OF DEFENSE IN WHICH DECISION IS REQUESTED ON SEVERAL QUESTIONS SET FORTH IN A WRITTEN DISCUSSION, ENCLOSED THEREWITH, RELATIVE TO THE PROPER APPLICATION OF THE PROVISIONS OF SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 811.

THE SAID SECTION 207 PROVIDES AS FOLLOWS:

(A) MEMBERS OF THE UNIFORMED SERVICES WHO ENLIST UNDER THE CONDITIONS SET FORTH IN SUBSECTION (B) OF THIS SECTION WITHIN THREE MONTHS FROM THE DATE OF THEIR DISCHARGE OR SEPARATION, OR WITHIN SUCH LESSER PERIOD OF TIME AS THE SECRETARY CONCERNED MAY DETERMINE FROM TIME TO TIME, SHALL BE PAID A LUMP SUM REENLISTMENT BONUS OF $40, $90, $160, $250, $360 UPON ENLISTMENT FOR A PERIOD OF TWO, THREE, FOUR, FIVE, OR SIX YEARS, RESPECTIVELY; AND, UPON ENLISTMENT FOR AN UNSPECIFIED PERIOD OF TIME AMOUNTING TO MORE THAN SIX YEARS A LUMP SUM REENLISTMENT BONUS OF $360 SHALL BE PAID, AND, UPON THE COMPLETION OF SIX YEARS' ENLISTED SERVICE IN SUCH ENLISTMENT, FOR EACH YEAR THEREAFTER A LUMP SUM PAYMENT OF $60 SHALL BE MADE, SUBJECT TO THE LIMITATION THAT THE TOTAL AMOUNT PAID SHALL NOT EXCEED $1,440. REENLISTMENT BONUS SHALL BE PAID FOR MORE THAN FOUR ENLISTMENTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS SECTION: PROVIDED, THAT THE BONUS TO BE PAID IN THE CASE OF A PERSON REENLISTING FOR A PERIOD WHICH WOULD EXTEND THE LENGTH OF HIS ACTIVE FEDERAL SERVICE BEYOND THIRTY YEARS SHALL BE COMPUTED AS IF SAID REENLISTMENT WERE FOR THE MINIMUM NUMBER OF YEARS NECESSARY TO PERMIT SUCH PERSON TO COMPLETE THIRTY YEARS' ACTIVE FEDERAL SERVICE.

(B) FOR THE PURPOSE OF PAYMENT OF THE REENLISTMENT BONUS AUTHORIZED BY SUBSECTION (A) OF THIS SECTION, ENLISTMENT IN ONE OF THE REGULAR SERVICES FOLLOWING (1) COMPULSORY OR VOLUNTARY ACTIVE DUTY IN SUCH SERVICE, OR (2) EXTENDED ACTIVE DUTY OF ONE YEAR OR MORE IN A RESERVE COMPONENT OF SUCH SERVICE, SHALL BE CONSIDERED A REENLISTMENT.

(C) ENLISTED PERSONS OF THE UNIFORMED SERVICES, WHO, PRIOR TO EXPIRATION OF THE PERIOD FOR WHICH THEY HAVE REENLISTED, EXTEND THEIR REENLISTMENT TO ANY ONE OF THE LONGER ENLISTMENT PERIODS MENTIONED IN SUBSECTION (A) OF THIS SECTION, SHALL BE PAID THE SUM OF $20 FOR EACH YEAR OF SUCH EXTENSION SUBJECT TO THE LIMITATIONS CONTAINED IN SUBSECTION (A) OF THIS SECTION.

(D) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (A) OF THIS SECTION, A MEMBER OF THE UNIFORMED SERVICES WHO REENLISTS WITHIN THREE MONTHS AFTER BEING DISCHARGED FROM THE ENLISTMENT ENTERED INTO PRIOR TO THE DATE OF ENACTMENT OF THIS ACT, OR WHO REENLISTS WITHIN THREE MONTHS AFTER BEING DISCHARGED FROM THE ENLISTMENT ENTERED INTO PRIOR TO THE DATE OF ENACTMENT OF THIS ACT, OR WHO REENLISTS WITHIN THREE MONTHS AFTER BEING RELIEVED FROM ACTIVE SERVICE AS A COMMISSIONED OFFICER OR WARRANT OFFICER UNDER APPOINTMENT MADE PRIOR TO THE DATE OF ENACTMENT OF THIS ACT IF SUCH COMMISSIONED OR WARRANT SERVICE IMMEDIATELY FOLLOWED ENLISTED SERVICE, SHALL BE ENTITLED TO RECEIVE EITHER (1) ENLISTMENT ALLOWANCES IN THE AMOUNT AND UNDER THE PROVISIONS OF LAW IN EFFECT IMMEDIATELY PRIOR TO THE DATE OF ENACTMENT OF THIS ACT, OR (A) REENLISTMENT BONUS IN THE AMOUNT AND UNDER THE PROVISIONS OF THIS SECTION, WHICHEVER IS THE GREATER AMOUNT: PROVIDED, THAT THE ENLISTMENT ALLOWANCE PAYABLE UNDER (1) HEREUNDER SHALL IN NO EVENT EXCEED $300.

(E) THE SECRETARY CONCERNED SHALL PRESCRIBE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION IN HIS DEPARTMENT.

THE FIRST QUESTION IS WHETHER A MEMBER OF A RESERVE COMPONENT WHO HAS BEEN ORDERED TO EXTENDED ACTIVE DUTY WITHOUT HIS CONSENT CAN BE CONSIDERED TO HAVE PERFORMED COMPULSORY ACTIVE SERVICE WITHIN THE MEANING OF SUBSECTION (B) (1) OF THE ABOVE QUOTED PROVISIONS OF LAW, SO AS TO BE ENTITLED TO REENLISTMENT BONUS UPON ENLISTMENT IN THE REGULAR SERVICE FOLLOWING SERVICE IN A RESERVE COMPONENT OF LESS THAN ONE YEAR.

THE APPARENT PURPOSE OF SECTION 207 OF SAID CAREER COMPENSATION ACT WAS TO ENCOURAGE ENLISTMENTS OR REENLISTMENTS IN THE REGULAR COMPONENTS OF THE UNIFORMED SERVICES. IT APPEARS THAT THE WORDS ,COMPULSORY OR VOLUNTARY ACTIVE DUTY" IN SUBSECTION (B) (1) WERE INTENDED TO COVER ENLISTED MEN WHOSE ENTRY ON ACTIVE DUTY WERE INVOLUNTARY UNDER THE SELECTIVE SERVICE ACT OF 1948, 62 STAT. 604, OR WAS THE RESULT OF VOLUNTARY ENLISTMENTS IN ONE OF THE REGULAR SERVICES, AND THAT SUBSECTION (B) (2) WAS INTENDED TO COVER PERSONNEL IN RESERVE COMPONENTS OF UNIFORMED SERVICES. AS SECTION 207 ORIGINALLY WAS DRAFTED IN H.R. 2553, 81ST CONGRESS, THE BILL WHICH WAS THE FORERUNNER OF THE BILL, H.R. 5007, WHICH BECAME THE CAREER COMPENSATION ACT OF 1949, THE WORDS "OF ONE YEAR OR MORE" DID NOT APPEAR IN SUBSECTION (B) (2) THEREOF AND SUCH LANGUAGE WAS ADDED TO LESSEN WHAT WAS REGARDED AS AN UNFAIR ADVANTAGE TO RESERVISTS IN THAT SUCH RESERVISTS COULD QUALIFY FOR THE REENLISTMENT BONUS BY ENLISTING IN THE REGULAR SERVICE FOLLOWING A SHORT PERIOD OF ACTIVE SERVICE AS A RESERVIST, WHEREAS IT WAS THOUGHT THAT A MEMBER OF THE REGULAR SERVICE WOULD HAVE TO SERVE OUT AT LEAST A TWO YEAR PERIOD OF ENLISTMENT BEFORE HE COULD SO QUALIFY. SEE PAGES 1643 AND 1652-1653, OF THE REPORT OF THE HEARINGS ON H.R. 2553, BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES. SUCH UNFAIR ADVANTAGE, INTENDED TO BE PRECLUDED, WOULD HAVE EXISTED WHETHER OR NOT THE RESERVIST IMMEDIATELY CONSENTED TO THE ACTIVE DUTY. IT IS ASSUMED, MOREOVER, THAT THE RESERVIST HEREIN QUESTION VOLUNTARILY BECAME A MEMBER OF A RESERVE COMPONENT MAY NOT BE PAID A REENLISTMENT BONUS UNLESS HIS ENLISTMENT IN THE REGULAR SERVICE IS PRECEDED BY A PERIOD OF EXTENDED ACTIVE DUTY OF ONE YEAR OR MORE IN A RESERVE COMPONENT.

THE NEXT QUESTION IS WHETHER A SELECTEE OR A REGULAR ARMY ENLISTEE WHO, AT THE EXPIRATION OF HIS PERIOD OF SERVICE, IS IMMEDIATELY TRANSFERRED TO OR ENLISTS IN A RESERVE COMPONENT AND IS IMMEDIATELY ORDERED TO EXTENDED ACTIVE DUTY IN SUCH RESERVE COMPONENT, AND WHO SHORTLY THEREAFTER IS DISCHARGED FROM THE RESERVE COMPONENT AND AT ONCE ENLISTS OR REENLISTS IN THE REGULAR SERVICE WITHIN THREE MONTHS FROM THE DATE OF EXPIRATION OF HIS PERIOD OF SERVICE AS A SELECTEE OR AS A MEMBER OF THE REGULAR SERVICE, IS ENTITLED TO REENLISTMENT BONUS.

IT IS CLEAR THAT SELECTEES OR REGULAR ARMY ENLISTEES WHO HAVE PERFORMED THE DUTY CONTEMPLATED UNDER SUBSECTION (B) (1) OF THE ABOVE QUOTED PROVISIONS OF LAW, CAN QUALIFY FOR REENLISTMENT BONUS BY ENLISTING OR REENLISTING IN THE REGULAR COMPONENT OF THE SERVICE FROM WHICH DISCHARGED WITHIN THE THREE MONTHS PERIOD FROM DATE OF DISCHARGE OR SEPARATION FIXED IN SUBSECTION 207 (A). NO REASON IS PERCEIVED WHY THE ELIGIBILITY OF SUCH PERSONNEL TO RECEIVE THE REENLISTMENT BONUS SHOULD BE QUESTIONED MERELY BECAUSE A SHORT PERIOD OF ACTIVE DUTY IN A RESERVE COMPONENT INTERVENED BETWEEN THE TWO QUALIFYING STEPS REQUIRED BY THE STATUTE. SUCH PERSONS WOULD PERFORM MORE, NOT LESS, DUTY THAN IS CONTEMPLATED BY SECTION 207 AND SUCH ACTION ON THEIR PART SHOULD NOT AFFECT THEIR RIGHT TO REENLISTMENT BONUS. THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE.

THE THIRD MATTER FOR CONSIDERATION IS WHETHER AN ENLISTED MEMBER OF THE REGULAR ARMY WHO REENLISTED PRIOR TO OCTOBER 1, 1949, AND WHO LATER EXTENDS SUCH REENLISTMENT UNDER SUBSECTION 207 (C) AND IS PAID $20 FOR EACH YEAR OF THE EXTENSION, IS PRECLUDED FROM QUALIFYING FOR REENLISTMENT ALLOWANCE UNDER THE SAVINGS PROVISIONS IN SUBSECTION 207 (D) (1) UPON SUBSEQUENT DISCHARGE AND REENLISTMENT WITHIN THREE MONTHS FROM THE TIME OF SUCH DISCHARGE.

SAID SUBSECTION 207 (D) (1) IS A SAVINGS PROVISION AND WAS INTENDED TO SAVE NOTHING MORE THAN THE PERSON CONCERNED WAS ENTITLED TO UNDER THE PROVISIONS OF LAW IN EFFECT IMMEDIATELY PRIOR TO THE DATE OF ENACTMENT OF THE CAREER COMPENSATION ACT. TO QUALIFY FOR SUCH REENLISTMENT ALLOWANCE, REENLISTMENT MUST BE "WITHIN THREE MONTHS AFTER BEING DISCHARGED FROM THE ENLISTMENT ENTERED INTO PRIOR TO" SUCH DATE OF ENACTMENT. IN OTHER WORDS, A RIGHT TO REENLISTMENT ALLOWANCE UNDER SUBSECTION 207 (D) (1) CAN ACCRUE AT THE LATEST, THREE MONTHS AFTER THE EXPIRATION OF A TERM OF ENLISTMENT ENTERED INTO PRIOR TO DATE OF ENACTMENT OF THE CAREER COMPENSATION ACT. THE QUESTION PRESENTED APPARENTLY INVOLVES A SITUATION WHERE THE ENLISTED MAN CONCERNED EXTENDS HIS ENLISTMENT FOR ONE OR MORE YEARS BEYOND THE TIME HIS REENLISTMENT ENTERED INTO PRIOR TO OCTOBER 1, 1949, WOULD HAVE EXPIRED BUT FOR THE EXTENSION. NOTHING HAS BEEN FOUND IN THE LEGISLATIVE HISTORY OF SAID SECTION 207 WHICH INDICATES THAT SUBSECTION 207 (C) WAS INTENDED AS AN ADDITIONAL SAVINGS PROVISION WHEREBY AN ENLISTED MAN BY EXTENDING HIS ENLISTMENT UNDER THE PROVISIONS THEREOF, COULD EXTEND THE PERIOD OF TIME FOR QUALIFYING FOR THE SAVINGS BENEFITS OF SUBSECTION 207 (D) (1), TO INCLUDE A PERIOD EXTENDING BEYOND THREE MONTHS AFTER THE DATE OF EXPIRATION OF THE ORIGINAL TERM OF ENLISTMENT ENTERED INTO PRIOR TO OCTOBER 1, 1949. IT IS BELIEVED THAT A PROPER INTERPRETATION OF THE CITED PROVISIONS OF LAW REQUIRES THE CONCLUSION THAT ONCE AN ENLISTED MAN ELECTS TO EXTEND HIS REENLISTMENT AND IS PAID REENLISTMENT BONUS UNDER SUBSECTION 207 (C), HE NO LONGER MAY CLAIM ANY RIGHT UNDER SUBSECTION 207 (D) (1). ACCORDINGLY, THE THIRD QUESTION IS ANSWERED IN THE AFFIRMATIVE. CF. DECISION OF OCTOBER 2, 1950, ANSWER TO THE LAST QUESTION, 30 COMP. GEN. 133, 136.

THE AFFIRMATIVE ANSWER TO THE FOREGOING QUESTION MAKES AN ANSWER TO THE FOURTH AND LAST QUESTION UNNECESSARY.