B-122291, MAY 19, 1955, 34 COMP. GEN. 615

B-122291, MAY 19, 1955, 34 COMP. GEN. 615

REENLISTMENT BONUS - REENLISTMENT, EXTENDED ENLISTMENT, ETC. - "REENLISTMENT" DEFINED A MEMBER OF THE ARMY WHO REENLISTED AFTER HAVING VOLUNTARILY EXTENDED HIS PREVIOUS ENLISTMENT FOR TWO SUCCEEDING ONE-YEAR PERIODS IS ENTITLED TO A REENLISTMENT BONUS AS FOR A FIRST REENLISTMENT UNDER SECTION 208 OF THE CAREER COMPENSATION ACT OF 1949 WHICH DEFINES THE TERM REENLISTMENT AS INCLUDING A VOLUNTARY EXTENSION OF AN ENLISTMENT FOR TWO OR MORE YEARS.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO MAJOR ROY H. HAGGERTY, DEPARTMENT OF THE ARMY, MAY 19, 1955:

YOUR LETTER OF OCTOBER 26, 1954--- FORWARDED UNDER DATE OF DECEMBER 6, 1954, BY SECOND ENDORSEMENT FROM THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY--- REQUESTS AN ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY A REENLISTMENT BONUS AS FOR A FIRST REENLISTMENT TO EMILIO L. TEDESCHI, MASTER SERGEANT, REGULAR ARMY, ON THE BASIS OF A MILITARY PAY ORDER, A COPY OF WHICH WAS ENCLOSED WITH YOUR LETTER.

IT APPEARS THAT THE ENLISTED MAN REENLISTED SEPTEMBER 13, 1948, FOR A TERM OF THREE YEARS, WHICH ENLISTMENT WAS INVOLUNTARILY EXTENDED FOR ONE YEAR ON JULY 27, 1951, UNDER SECTION 1 OF THE ACT OF JULY 27, 1950, 64 STAT. 379, AS AMENDED BY SECTION 2 OF THE ACT OF JUNE 19, 1951, 65 STAT. 88. HE VOLUNTARILY EXTENDED SUCH ENLISTMENT FOR SUCCEEDING ONE YEAR PERIODS ON SEPTEMBER 9, 1952, AND AUGUST 31, 1953, RESPECTIVELY; AND HE REENLISTED ON SEPTEMBER 13, 1954, AFTER BEING DISCHARGED THE PREVIOUS DAY. YOU STATE THAT HE RECEIVED A REENLISTMENT ALLOWANCE OF $100 ON HIS REENLISTMENT IN 1948, AND THAT A REENLISTMENT BONUS OF $40 WAS PAID TO HIM ON OCTOBER 16, 1953, FOR THE TWO VOLUNTARY EXTENSIONS IN 1952 AND 1953.

THE ENLISTED MAN IS ENTITLED TO A REENLISTMENT BONUS AS FOR A FIRST REENLISTMENT UNDER THE PROVISIONS OF SECTION 208 OF THE CAREER COMPENSATION ACT OF 1949, AS ADDED BY SECTION 2 OF THE ACT OF JULY 16, 1954, 68 STAT. 488, IF HIS VOLUNTARY EXTENSIONS IN 1952 AND 1953 DID NOT CONSTITUTE A FIRST REENLISTMENT WITHIN THE MEANING OF THAT SECTION. "REENLISTMENT" IS DEFINED IN SECTION 208 (E) (2) AS INCLUDING "A VOLUNTARY EXTENSION OF AN ENLISTMENT FOR TWO OR MORE YEARS.'

IN DECISION OF DECEMBER 22, 1952, 32 COMP. GEN. 290, IT WAS HELD THAT TWO SUCCEEDING EXTENSIONS OF ENLISTMENT IN THE NAVY SHOULD BE VIEWED AS ONE EXTENSION FOR THE PURPOSE OF PAYMENT OF ENLISTMENT ALLOWANCE OR REENLISTMENT BONUS UNDER SECTION 207 OF THE ACT, 63 STAT. 811. THAT CONCLUSION WAS BASED, IN PART, ON A PROVISION IN THE ACT OF AUGUST 22, 1912, AS AMENDED, 34 U.S.C. 184, WHICH AUTHORIZED THE PAYMENT OF ENLISTMENT ALLOWANCE TO ENLISTED MEN OF THE NAVY ON THE BASIS OF THE "AGGREGATE" OF EXTENSIONS. WHILE THE CITED DECISION INVOLVED A NUMBER OF QUESTIONS ARISING UNDER SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949, IT APPEARED PROPER TO CONSIDER THE PROVISIONS OF THE 1912 ACT SINCE ONLY NAVAL PERSONNEL WERE INVOLVED AND SINCE SECTION 207 CONTAINS NO SPECIFIC LANGUAGE DEFINING REENLISTMENT. HOWEVER, THAT DECISION IS FOR APPLICATION ONLY TO EXTENSIONS BY NAVY AND MARINE CORPS PERSONNEL, AND THEN ONLY IF THEIR BENEFITS ARE FOR DETERMINATION UNDER SECTION 207 RATHER THAN SECTION 208.

SINCE THE WORD "REENLISTMENT" AS USED IN SECTION 208 OF THE ACT IS EXPRESSLY DEFINED IN SECTION 208 (E) AS INCLUDING "A VOLUNTARY EXTENSION OF AN ENLISTMENT FOR TWO OR MORE YEARS" ( ITALICS SUPPLIED), IT SEEMS CLEAR THAT THE CONGRESS INTENDED THAT UNLESS A SINGLE EXTENSION WAS FOR TWO OR MORE YEARS, IT SHOULD NOT BE REGARDED AS A REENLISTMENT UNDER SECTION 208.

HENCE, IT IS CONCLUDED THAT THE ONE-YEAR EXTENSIONS OF SEPTEMBER 9, 1952, AND AUGUST 31, 1953, DID NOT CONSTITUTE A FIRST REENLISTMENT WITHIN THE PROVISIONS OF SECTION 208. IT FOLLOWS THAT IN THIS CASE MASTER SERGEANT TEDESCHI'S REENLISTMENT OF SEPTEMBER 13, 1954, SHOULD BE REGARDED AS A FIRST REENLISTMENT UNDER THAT SECTION AND PAYMENT OF REENLISTMENT BONUS IS AUTHORIZED ON THAT BASIS.