B-118396, MAY 28, 1954, 33 COMP. GEN. 570

B-118396: May 28, 1954

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WHICH IN EFFECT IS A SAVINGS PROVISION UNDER WHICH MEMBERS OF THE UNIFORMED SERVICES WHO REENLIST WITHIN THREE MONTHS AFTER BEING DISCHARGED FROM "THE ENLISTMENT" ENTERED INTO PRIOR TO THE DATE OF ENACTMENT OF THE ACT HAVE THE RIGHT TO CHOOSE A REENLISTMENT ALLOWANCE UNDER THE OLD LAW OR A REENLISTMENT BONUS UNDER THE NEW. YOUR REQUEST WAS NOT ACCOMPANIED BY THE COMMANDING OFFICER'S ORDER TO ENTER ACCOUNT REQUIRED IN SUBSTANTIATION OF PAYMENT OF A REENLISTMENT ALLOWANCE OR BONUS. YOUR REQUEST FOR DECISION WILL BE CONSIDERED. THE CIRCUMSTANCES SHOWN ARE THAT THE ENLISTED MAN WAS DISCHARGED FROM THE REGULAR NAVY ON OCTOBER 6. WAS CREDITED WITH A REENLISTMENT BONUS OF $160. THAT HE WAS DISCHARGED AT EXPIRATION OF ENLISTMENT ON OCTOBER 6.

B-118396, MAY 28, 1954, 33 COMP. GEN. 570

ENLISTMENT ALLOWANCE AND REENLISTMENT BONUS - CAREER COMPENSATION ACT OF 1949 AN ENLISTED MEMBER OF THE REGULAR NAVY WHO REENLISTED FOR FOUR YEARS PRIOR TO THE "DATE OF ENACTMENT" OF THE CAREER COMPENSATION ACT OF 1949 ( OCTOBER 12, 1949) BUT SUBSEQUENT TO ITS EFFECTIVE DATE ( OCTOBER 1, 1949) AND WHO, UNDER THE SAVINGS PROVISION OF SECTION 207 (D) OF ACT, ELECTED TO BE PAID A REENLISTMENT BONUS UNDER SECTION 207 (A) OF THE ACT INSTEAD OF A REENLISTMENT ALLOWANCE UNDER THE LAWS IN EFFECT PRIOR TO THE ACT MAY NOT MAKE A FURTHER ELECTION UNDER SECTION 207 (D) INCIDENT TO A SUBSEQUENT DISCHARGE AND REENLISTMENT SO AS TO BE ENTITLED TO A REENLISTMENT ALLOWANCE UNDER LAWS IN EFFECT PRIOR TO THE CAREER COMPENSATION ACT. SECTION 207 (D) OF THE CAREER COMPENSATION ACT OF 1949, WHICH IN EFFECT IS A SAVINGS PROVISION UNDER WHICH MEMBERS OF THE UNIFORMED SERVICES WHO REENLIST WITHIN THREE MONTHS AFTER BEING DISCHARGED FROM "THE ENLISTMENT" ENTERED INTO PRIOR TO THE DATE OF ENACTMENT OF THE ACT HAVE THE RIGHT TO CHOOSE A REENLISTMENT ALLOWANCE UNDER THE OLD LAW OR A REENLISTMENT BONUS UNDER THE NEW, GRANTS ONE ELECTION AND WHEN SUCH ELECTION HAS BEEN MADE AND PAYMENT EFFECTED IN ACCORDANCE THEREWITH, ANY SUBSEQUENT AMOUNTS PAID AS REENLISTMENT BONUS MUST BE PAID UNDER THE NEW LAW ( CAREER COMPENSATION ACT).

ACTING COMPTROLLER GENERAL WEITZEL TO W. M. ROBINSON, DEPARTMENT OF THE NAVY, MAY 28, 1954:

BY LETTER DATED JANUARY 20, 1954, THE JUDGE ADVOCATE GENERAL OF THE NAVY FORWARDED TO THIS OFFICE YOUR LETTER OF DECEMBER 15, 1953, REQUESTING DECISION AS TO WHETHER AN ENLISTMENT ALLOWANCE OF $200 MAY BE CREDITED TO WILLIAM L. QUTERMOUS, 287 62 20, AD2, U.S. NAVY, BY REASON OF HIS ENLISTMENT FOR A PERIOD OF FOUR YEARS IN THE REGULAR NAVY ON OCTOBER 7, 1953. YOUR REQUEST WAS NOT ACCOMPANIED BY THE COMMANDING OFFICER'S ORDER TO ENTER ACCOUNT REQUIRED IN SUBSTANTIATION OF PAYMENT OF A REENLISTMENT ALLOWANCE OR BONUS. SEE PARAGRAPH 1044071, NAVY COMPTROLLER'S MANUAL. HOWEVER, IN THIS CASE, YOUR REQUEST FOR DECISION WILL BE CONSIDERED.

THE CIRCUMSTANCES SHOWN ARE THAT THE ENLISTED MAN WAS DISCHARGED FROM THE REGULAR NAVY ON OCTOBER 6, 1949; THAT HE REENLISTED FOR FOUR YEARS ON OCTOBER 7, 1949, AND WAS CREDITED WITH A REENLISTMENT BONUS OF $160; THAT HE WAS DISCHARGED AT EXPIRATION OF ENLISTMENT ON OCTOBER 6, 1953, AND THAT HE REENLISTED IN THE REGULAR NAVY FOR FOUR YEARS ON OCTOBER 7, 1953. YOU QUESTION THE LEGALITY OF CREDITING MR. QUTERMOUS WITH A REENLISTMENT ALLOWANCE OF $200 UNDER THE PROVISIONS OF SECTION 207 (D) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 811, INCIDENT TO THE LATTER REENLISTMENT.

SECTION 207 (D) OF THE SAID ACT PROVIDES THAT NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (A) 63 STAT. 811--- PROVIDING GENERALLY FOR REENLISTMENT BONUS--- 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" THAT ACT ( OCTOBER 12, 1949), SHALL BE ENTITLED TO RECEIVE EITHER (1) ENLISTMENT ALLOWANCES UNDER THE PROVISIONS OF LAW IN EFFECT IMMEDIATELY PRIOR TO THE DATE OF ENACTMENT OF THE ACT OR (2) REENLISTMENT BONUS IN THE AMOUNT AND UNDER THE PROVISIONS OF THIS SECTION, WHICHEVER IS GREATER. SUBSECTION (A) PROVIDES SO FAR AS IN PERTINENT HERE FOR A REENLISTMENT BONUS OF $160 UPON REENLISTMENT FOR A PERIOD OF FOUR YEARS. UNDER THE OLD LAW, SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 366, ENLISTMENT ALLOWANCE WAS COMPUTED AT $50 PER YEAR FOR EACH YEAR SERVED IN THE ENLISTMENT FROM WHICH LAST DISCHARGED FOR ENLISTED MEN OF THE FIRST THREE GRADES WHO REENLISTED WITHIN THREE MONTHS FROM THE DATE OF DISCHARGE.

SECTION 207 (D) OF THE CAREER COMPENSATION ACT IS, IN EFFECT, A SAVINGS PROVISION UNDER DISCHARGED FROM "THE ENLISTMENT" ENTERED INTO PRIOR TO THE DATE OF ENACTMENT OF THE ACT HAVE THE RIGHT TO CHOOSE A REENLISTMENT ALLOWANCE UNDER THE OLD LAW OR A REENLISTMENT BONUS UNDER THE NEW. HOWEVER, IT APPEARS THAT THE STATUTE GRANTS ONLY ONE ELECTION AND WHEN SUCH ELECTION HAS BEEN MADE AND PAYMENT EFFECTED IN ACCORDANCE THEREWITH, ANY SUBSEQUENT AMOUNTS PAID AS REENLISTMENT BONUS MUST BE PAID UNDER THE NEW LAW. CF. 31 COMP. GEN. 209. IN THE PRESENT CASE THE MEMBER WAS DISCHARGED ON OCTOBER 6, 1949, AND REENLISTED ON OCTOBER 7, 1949. WHILE THAT WAS PRIOR TO THE " DATE OF ENACTMENT" OF THE CAREER COMPENSATION ACT ( OCTOBER 12, 1949), IT WAS SUBSEQUENT TO THE EFFECTIVE DATE OF THAT ACT ( OCTOBER 1, 1949), SO THAT HE WAS ENTITLED ON THAT REENLISTMENT TO AN ELECTION UNDER SECTION 207 (D). THE RECORD DOES NOT SHOW HOW MANY YEARS THE MEMBER SERVED IN THE ENLISTMENT FROM WHICH DISCHARGED ON OCTOBER 6, 1949, NOR HIS PAY GRADE AT THAT TIME, BUT SINCE HE WAS PAID $160 AS A REENLISTMENT BONUS UNDER SECTION 207 (A) 63 STAT. 811 HE APPARENTLY ELECTED TO BE PAID UNDER THE NEW LAW. HAVING SO ELECTED, NO FURTHER ELECTION MAY BE MADE INCIDENT TO A SUBSEQUENT DISCHARGE AND REENLISTMENT. HENCE, HE IS NOT ENTITLED TO A REENLISTMENT ALLOWANCE OF $200 UNDER THE LAWS IN EFFECT PRIOR TO THE CAREER COMPENSATION ACT INCIDENT TO HIS REENLISTMENT ON OCTOBER 7, 1953. HOWEVER, HE IS ENTITLED TO A REENLISTMENT BONUS OF $160 UNDER SECTION 207 (A) OF THE SAID CAREER COMPENSATION ACT.