B-108267, DECEMBER 22, 1952, 32 COMP. GEN. 290

B-108267: Dec 22, 1952

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MAY BE CONSIDERED TO HAVE BEEN DISCHARGED FROM AN ENLISTMENT PRIOR TO THE EFFECTIVE DATE OF THE 1949 ACT. 1952: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 21. PRIOR TO EXPIRATION OF THE PERIOD FOR WHICH THEY HAVE REENLISTED. WHICHEVER IS THE GREATER AMOUNT: PROVIDED. 1949 (THE DATE OF ENACTMENT OF THE CAREER COMPENSATION ACT OF 1949) WHICH WAS VOLUNTARILY EXTENDED FOR A PERIOD OF ONE YEAR. A SECOND AGREEMENT WAS ENTERED INTO. SUCH A MEMBER IS ENTITLED TO THE BENEFITS OF SUBSECTION (D) OF SECTION 207. IT WAS INDICATED IN DECISION OF JANUARY 25. IT WAS HELD THAT WHERE SUCH AN ENLISTED MAN EXTENDS HIS ENLISTMENT FOR ONE YEAR AND DURING THE PERIOD OF THAT EXTENSION AGAIN EXTENDS IT FOR ONE YEAR.

B-108267, DECEMBER 22, 1952, 32 COMP. GEN. 290

ENLISTMENT ALLOWANCE AND REENLISTMENT BONUS - CAREER COMPENSATION ACT OF 1949, AS AMENDED A MEMBER OF THE NAVY OR MARINE CORPS WHO ENLISTED OR REENLISTED PRIOR TO THE DATE OF ENACTMENT OF THE CAREER COMPENSATION ACT OF 1949, AND WHO VOLUNTARILY EXTENDED HIS ENLISTMENT FOR ONE YEAR EFFECTIVE SUBSEQUENT TO THAT DATE AND LATER EXTENDED IT FOR AN AGGREGATE OF TWO OR MORE YEARS, MAY BE REGARDED AS A MEMBER WHO REENLISTED FOR TWO OR MORE YEARS FOLLOWING A DISCHARGE FROM AN ENLISTMENT PRIOR TO THE ENACTMENT OF THE 1949 ACT, AND THEREFORE ENTITLED TO THE ENLISTMENT ALLOWANCE OR REENLISTMENT BONUS UNDER SUBSECTION 207 (D) OF THE 1949 ACT, AS AMENDED. A MEMBER OF THE NAVY OR MARINE CORPS WHO ENLISTED OR REENLISTED PRIOR TO THE DATE OF ENACTMENT OF THE CAREER COMPENSATION ACT OF 1949, AND WHO VOLUNTARILY EXTENDED HIS ENLISTMENT EFFECTIVE SUBSEQUENT TO THAT DATE FOR A PERIOD OF ONE YEAR, MAY BE CONSIDERED TO HAVE BEEN DISCHARGED FROM AN ENLISTMENT PRIOR TO THE EFFECTIVE DATE OF THE 1949 ACT, AND THEREFORE ENTITLED UPON REENLISTMENT WITHIN THREE MONTHS TO THE ENLISTMENT ALLOWANCE OR REENLISTMENT BONUS UNDER OPTION ONE OF SUBSECTION 207 (D) OF THE 1949 ACT, AS AMENDED. A MEMBER OF THE NAVY OR MARINE CORPS WHO VOLUNTARILY EXTENDS HIS ENLISTMENT FOR A PERIOD OF TWO YEARS AND THEN ENTERS INTO A SECOND TWO YEAR EXTENSION FOR AN AGGREGATE FOUR YEARS, MAY BE REGARDED UNDER THE ACT OF AUGUST 22, 1912, AS AMENDED, AS HAVING ORIGINALLY REENLISTED FOR A FOUR -YEAR PERIOD, AND THEREFORE ENTITLED TO THE LUMP-SUM REENLISTMENT BONUS PROVIDED BY SUBSECTION 207 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, FOR A FOUR-YEAR REENLISTMENT.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF DEFENSE, DECEMBER 22, 1952:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 21, 1952, WITH ENCLOSURE, WHEREIN YOU REQUEST DECISION ON SEVERAL QUESTIONS RELATIVE TO THE PROPER APPLICATION OF THE PROVISIONS OF SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 811, 812, AS AMENDED BY THE ACT OF OCTOBER 26, 1951, PUBLIC LAW 217, 65 STAT. 653, 37 U.S.C. 238, IN CASES INVOLVING EXTENSIONS OF ENLISTMENTS OF MEMBERS OF THE NAVY AND MARINE CORPS UNDER THE PROVISIONS OF THE ACT OF AUGUST 22, 1912, 37 STAT. 331, AS AMENDED, 34 U.S.C. 184.

THE SAID SECTION 207, AS AMENDED, READS, IN PERTINENT PART, 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, OR $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 IN ADVANCE, SUBJECT TO THE LIMITATION THAT THE TOTAL AMOUNT PAID SHALL NOT EXCEED $1,440 * * *.

(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 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 (2) 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.

THE ACT OF AUGUST 22, 1912, AS AMENDED, 34 U.S.C. 184, SUPRA, PROVIDES AS FOLLOWS:

THE TERM OF ENLISTMENT OF ANY ENLISTED MAN IN THE NAVY AND MARINE CORPS, INCLUDING ENLISTMENT FOR MINORITY, MAY, BY HIS VOLUNTARY WRITTEN AGREEMENT, UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARY OF THE NAVY WITH THE APPROVAL OF THE PRESIDENT, BE EXTENDED FOR A PERIOD OF EITHER ONE, TWO, THREE, OR FOUR FULL YEARS FROM THE DATE OF EXPIRATION OF THE THEN EXISTING TERM OF ENLISTMENT, AND SUBSEQUENT TO SAID DATE SUCH ENLISTED MEN AS EXTEND THE TERM OF ENLISTMENT AS AUTHORIZED IN THIS SECTION SHALL BE ENTITLED TO AND SHALL RECEIVE THE SAME PAY AND ALLOWANCES IN ALL RESPECTS AS THOUGH REGULARLY DISCHARGED AND REENLISTED IMMEDIATELY UPON EXPIRATION OF THEIR TERM OF ENLISTMENT, AND SUCH EXTENSION SHALL NOT OPERATE TO DEPRIVE THEM UPON DISCHARGE AT THE TERMINATION THEREOF OF ANY RIGHT, PRIVILEGE, OR BENEFIT TO WHICH THEY WOULD BE ENTITLED AT THE EXPIRATION OF THE FORMER TERM OF ENLISTMENT.

YOUR FIRST QUESTION RELATES TO A MEMBER WHO ENTERED INTO AN ENLISTMENT OR REENLISTMENT PRIOR TO OCTOBER 12, 1949 (THE DATE OF ENACTMENT OF THE CAREER COMPENSATION ACT OF 1949) WHICH WAS VOLUNTARILY EXTENDED FOR A PERIOD OF ONE YEAR, THE EXTENSION BECOMING EFFECTIVE SUBSEQUENT TO OCTOBER 12, 1949. PRIOR TO THE EXPIRATION OF SUCH EXTENSION OF ENLISTMENT, A SECOND AGREEMENT WAS ENTERED INTO, MAKING THE EXTENSION AN AGGREGATE OF TWO OR MORE YEARS. YOU REQUEST DECISION AS TO WHETHER, UPON EXECUTION OF THE SECOND AGREEMENT TO EXTEND HIS ENLISTMENT, SUCH A MEMBER IS ENTITLED TO THE BENEFITS OF SUBSECTION (D) OF SECTION 207, SUPRA.

IN CONSIDERING THE PROVISIONS OF THE SAID ACT OF AUGUST 22, 1912, IT WAS INDICATED IN DECISION OF JANUARY 25, 1928, 7 COMP. GEN. 439, THAT THERE BEING NO STATUTORY AUTHORITY FOR AN ENLISTMENT OF ONE YEAR, NO RIGHT TO AN ENLISTMENT ALLOWANCE COULD ACCRUE UPON AN EXTENSION OF AN ENLISTMENT FOR ONE YEAR; BUT IN VIEW OF OTHER PROVISIONS CONTAINED IN THE SAME ACT AUTHORIZING THE PAYMENT OF ENLISTMENT ALLOWANCE TO ENLISTED MEN OF THE NAVY BASED ON THE "AGGREGATE" OF EXTENSIONS, IT WAS HELD THAT WHERE SUCH AN ENLISTED MAN EXTENDS HIS ENLISTMENT FOR ONE YEAR AND DURING THE PERIOD OF THAT EXTENSION AGAIN EXTENDS IT FOR ONE YEAR, HE IS, ON THE DATE OF THE LATTER AGREEMENT, IN EXACTLY THE SAME STATUS FOR ENLISTMENT ALLOWANCE PURPOSES AS IF HE HAD ORIGINALLY EXTENDED HIS ENLISTMENT FOR TWO YEARS. HENCE, UPON HIS SECOND EXTENSION, THE MEMBER REFERRED TO IN YOUR QUESTION BECAME ENTITLED TO AN ENLISTMENT ALLOWANCE ON EXACTLY THE SAME BASIS AS THOUGH HE ORIGINALLY HAD EXTENDED SUCH ENLISTMENT FOR A PERIOD OF TWO YEARS IN WHICH EVENT HE WOULD HAVE BEEN ENTITLED TO THE BENEFITS OF THE SAID SUBSECTION (D) OF SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949; .E., SINCE UNDER THE 1912 ACT A MEMBER WHO EXTENDS HIS ENLISTMENT IS ENTITLED TO THE SAME PAY AND ALLOWANCES AS THOUGH REGULARLY DISCHARGED AND REENLISTED, HE WOULD BE CONSIDERED AS A MEMBER WHO REENLISTED WITHIN THREE MONTHS AFTER BEING DISCHARGED FROM AN ENLISTMENT ENTERED INTO PRIOR TO THE DATE OF THE ENACTMENT OF THE CAREER COMPENSATION ACT OF 1949. ACCORDINGLY, YOUR FIRST QUESTION IS ANSWERED IN THE AFFIRMATIVE.

YOUR SECOND QUESTION LIKEWISE RELATES TO A MEMBER WHO ENTERED INTO AN ENLISTMENT OR REENLISTMENT PRIOR TO OCTOBER 12, 1949 WHICH WAS VOLUNTARILY EXTENDED FOR A PERIOD OF ONE YEAR, THE EXTENSION BECOMING EFFECTIVE SUBSEQUENT TO OCTOBER 12, 1949. HE MADE NO FURTHER EXTENSION OF SUCH ENLISTMENT. YOU REQUEST DECISION WHETHER UPON DISCHARGE FROM SUCH ENLISTMENT AS EXTENDED HE MAY BE CONSIDERED TO HAVE BEEN DISCHARGED FROM AN ENLISTMENT ENTERED INTO PRIOR TO OCTOBER 12, 1949 SO AS TO ENTITLE HIM, UPON REENLISTMENT WITHIN THREE MONTHS, TO THE BENEFITS OF OPTION (1) OF SUBSECTION (D) OF SECTION 207.

IN DECISION OF FEBRUARY 23, 1923, 18 MS. COMP. GEN. 1123, 1125 (SEE ALSO 7 COMP. GEN. 439, 442) IT WAS HELD THAT WHERE AN ENLISTMENT WAS EXTENDED UNDER THE SAID ACT OF AUGUST 22, 1912, FOR ONE YEAR ONLY, WHICH IS NOT THE EQUIVALENT OF A STATUTORY ENLISTMENT PERIOD, NO REENLISTMENT ALLOWANCE WAS PAYABLE BUT THE YEAR, IF NOT FURTHER EXTENDED, WAS TO BE ADDED TO THE ENLISTMENT SO EXTENDED AND UPON DISCHARGE AND REENLISTMENT WITHIN THREE MONTHS, REENLISTMENT ALLOWANCE WAS PAYABLE FOR THE TOTAL YEARS OF SERVICE IN THE ORIGINAL ENLISTMENT AND THE ONE-YEAR EXTENSION. IN OTHER WORDS, UNDER SUCH CIRCUMSTANCES THE ENLISTMENT AS EXTENDED WAS TO BE CONSIDERED AS A SINGLE ENLISTMENT PERIOD. WHILE IT WAS HELD IN DECISION OF AUGUST 18, 1939, 19 COMP. GEN. 229, THAT SUCH RULE DID NOT APPLY TO THE PARTICULAR FACTS AND LAW IN THE CASES THERE INVOLVED, WHERE THE STATUTE AUTHORIZING PAYMENT OF ENLISTMENT ALLOWANCE HAD BEEN SUSPENDED WHEN THE EXTENSIONS WERE MADE, THAT DECISION IS NOT CONSIDERED AS AFFECTING THE QUESTION HERE PRESENTED. HENCE, THE MEMBER REFERRED TO IN YOUR SECOND QUESTION MAY BE CONSIDERED TO HAVE BEEN DISCHARGED FROM AN ENLISTMENT ENTERED INTO PRIOR TO OCTOBER 12, 1949 SO AS TO BE ENTITLED TO THE BENEFITS OF OPTION (1) OF SUBSECTION (D) OF SECTION 207. THE SECOND QUESTION IS ANSWERED ACCORDINGLY.

YOUR THIRD QUESTION RELATES TO A MEMBER WHO VOLUNTARILY EXTENDS HIS ENLISTMENT FOR ONE YEAR AND WHO PRIOR TO THE EXPIRATION OF SUCH EXTENSION ENTERS INTO A SECOND AGREEMENT TO EXTEND HIS ENLISTMENT, MAKING THE EXTENSIONS AGGREGATE TWO OR MORE YEARS. YOU REQUEST DECISION AS TO WHETHER SUCH EXTENSIONS AGGREGATING TWO OR MORE YEARS MAY BE CONSIDERED AS CONSTITUTING ONE REENLISTMENT FOR A LIKE PERIOD FOR THE PURPOSE OF ENTITLEMENT TO THE LUMP-SUM REENLISTMENT BONUS OF $40, $90, OR $160, AS APPLICABLE, AS PROVIDED IN SUBSECTION (A) OF SECTION 207.

THE THIRD QUESTION IS ANSWERED IN THE AFFIRMATIVE. SEE THE ANSWER TO THE FIRST QUESTION AND ALSO DECISION OF SEPTEMBER 19, 1950, ANSWER TO THE FIFTH QUESTION, 30 COMP. GEN. 109, 112, HOLDING THAT SUBSECTION (A) RATHER THAN SUBSECTION (C) OF SECTION 207 APPLIES TO EXTENSIONS OF ENLISTMENTS BY ENLISTED MEN OF THE NAVY UNDER THE SAME ACT OF AUGUST 22, 1912, SINCE THAT ACT REQUIRES THAT ANY EXTENSION THEREUNDER BE TREATED AS A REENLISTMENT.

THE FOURTH AND LAST QUESTION RELATES TO A MEMBER WHO VOLUNTARILY EXTENDED HIS ENLISTMENT FOR A PERIOD OF TWO YEARS AND PRIOR TO THE EXPIRATION OF SUCH TWO-YEAR EXTENSION THE MEMBER ENTERS INTO A SECOND AGREEMENT TO EXTEND HIS ENLISTMENT FOR ANOTHER TWO YEARS, MAKING THE EXTENSIONS AGGREGATE FOUR YEARS. DECISION IS REQUESTED AS TO WHETHER SUCH EXTENSIONS AGGREGATING FOUR YEARS MAY BE CONSIDERED AS CONSTITUTING ONE REENLISTMENT FOR A LIKE PERIOD FOR THE PURPOSE OF ENTITLEMENT TO THE LUMP-SUM REENLISTMENT BONUS OF $160, IN LIEU OF THE LUMP-SUM BONUS OF $40 PAID HIM AT THE TIME OF THE FIRST EXTENSION, WITHIN THE PURVIEW OF SUBSECTION (A) OF SECTION 207.

THE RULE UNDER THE "AGGREGATE" PROVISION IN THE 1912 ACT REFERRED TO IN THE ANSWER TO THE FIRST QUESTION HEREIN HAS BEEN THAT AN ENLISTMENT ALLOWANCE SHALL BE CREDITED TO AN ENLISTED MAN OF THE NAVY UPON AN EXTENSION UNDER THAT ACT OF AN ENLISTMENT FOR TWO, THREE, OR FOUR YEARS, OR WHEN THE AGGREGATE OF EXTENSIONS EQUALS TWO, THREE, OR FOUR YEARS; BUT THAT ONLY ONE ENLISTMENT ALLOWANCE SHALL BE CREDITED FOR AN EXTENSION OF THE SAME ENLISTMENT AND THE TOTAL OF THE EXTENSIONS, IF MADE UP OF SEVERAL DIFFERENT ONES, SHALL BE CONSIDERED AS ONE EXTENSION. 2 COMP. GEN. 258, 260. WHERE THERE ARE SEVERAL EXTENSIONS THE ENLISTMENT ALLOWANCE PAYABLE IS THAT WHICH WOULD HAVE BEEN PAYABLE HAD THE ORIGINAL EXTENSION BEEN FOR THE SAME PERIOD OF TIME AS THE AGGREGATE OF THE SEVERAL EXTENSIONS. COMP. GEN. 439, SUPRA. APPLYING THAT RULE HERE, THE MEMBER WOULD BE CONSIDERED AS ORIGINALLY HAVING EXTENDED HIS ENLISTMENT FOR FOUR YEARS. ACCORDINGLY, YOUR FOURTH QUESTION IS ANSWERED IN THE AFFIRMATIVE.