B-123049, JUL. 1, 1955

B-123049: Jul 1, 1955

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THAT "AN OFFICER OF A UNIFORMED SERVICE WHO REENLISTS IN THAT SERVICE WITHIN NINETY DAYS AFTER HIS RELEASE FROM ACTIVE DUTY AS AN OFFICER IS ENTITLED TO A BONUS * * * IF HE SERVED IN AN ENLISTED STATUS IN THAT SERVICE IMMEDIATELY BEFORE SERVING AS AN OFFICER.'. WHEN SERGEANT LEVIEN WAS ON INACTIVE DUTY. IT IS OUR VIEW THAT IT IS THE INTENT OF SECTION 208. TO AUTHORIZE A REENLISTMENT BONUS FOR A MEMBER WHO IS RELEASED FROM ACTIVE DUTY AS AN OFFICER. ONLY IF HE WAS SERVING ON ACTIVE DUTY AS AN ENLISTED MEMBER OF THAT SERVICE IMMEDIATELY PRIOR TO ENTERING UPON THE TOUR OF ACTIVE OFFICER DUTY WHICH PRECEDES HIS LATEST ENLISTMENT. WAS ENTERED INTO ON THE DAY FOLLOWING THE DATE ON WHICH HE WAS GIVEN HIS LATEST RELEASE FROM ACTIVE DUTY AS AN OFFICER.

B-123049, JUL. 1, 1955

TO LIEUTENANT COLONEL J. R. WATTS, FC, FINANCE OFFICER, DEPARTMENT OF THE ARMY:

YOUR LETTER OF FEBRUARY 7, 1955, TRANSMITTING MILITARY PAY ORDER NO. 225, DATED NOVEMBER 1, 1954, IN FAVOR OF SERGEANT FIRST CLASS BERTRAM M. LEVIEN, REQUESTS AN ADVANCE DECISION AS TO THE LEGALITY OF CREDITING HIM WITH A REENLISTMENT BONUS UNDER SECTION 208 OF THE CAREER COMPENSATION ACT OF 1949, AS ADDED BY SECTION 2 OF THE ACT OF JULY 16, 1954, 68 STAT. 488. SUCH SECTION PROVIDES, IN PERTINENT PART, THAT "AN OFFICER OF A UNIFORMED SERVICE WHO REENLISTS IN THAT SERVICE WITHIN NINETY DAYS AFTER HIS RELEASE FROM ACTIVE DUTY AS AN OFFICER IS ENTITLED TO A BONUS * * * IF HE SERVED IN AN ENLISTED STATUS IN THAT SERVICE IMMEDIATELY BEFORE SERVING AS AN OFFICER.'

YOUR LETTER SETS FORTH PERTINENT FACTS RESPECTING SERGEANT LEVIEN'S SERVICE AS FOLLOWS:

"A. ENLISTED ARMY OF THE UNITED STATES FOR PERIODS 17 SEPTEMBER 1940 TO 21 JUNE 1941 AND FROM 21 MARCH 1942 TO 16 OCTOBER 1942 (ACTIVE DUTY).

"B. COMMISSIONED ARMY OF THE UNITED STATES FROM 17 OCTOBER 1942 TO 3 JANUARY 1950 (ACTIVE DUTY).

"C. COMMISSIONED U.S. ARMY RESERVE FROM 4 JANUARY 1950 TO 24 JUNE 1950 (INACTIVE DUTY).

"D. COMMISSIONED U.S. ARMY RESERVE FROM 25 JUNE 1950 TO 31 OCTOBER 1954 (ACTIVE DUTY).

"E. REENLISTED REGULAR ARMY FOR SIX (6) YEARS 1 NOVEMBER 1954.'

YOUR QUESTION AS TO THE PROPRIETY OF PAYMENT ARISES FROM THE BREAK IN ACTIVE SERVICE FROM JANUARY 4 TO JUNE 24, 1950, WHEN SERGEANT LEVIEN WAS ON INACTIVE DUTY.

IT IS OUR VIEW THAT IT IS THE INTENT OF SECTION 208, CITED ABOVE, TO AUTHORIZE A REENLISTMENT BONUS FOR A MEMBER WHO IS RELEASED FROM ACTIVE DUTY AS AN OFFICER, AND ENTERS INTO AN ENLISTMENT IN THE SAME SERVICE WITHIN NINETY DAYS AFTER SUCH RELEASE, ONLY IF HE WAS SERVING ON ACTIVE DUTY AS AN ENLISTED MEMBER OF THAT SERVICE IMMEDIATELY PRIOR TO ENTERING UPON THE TOUR OF ACTIVE OFFICER DUTY WHICH PRECEDES HIS LATEST ENLISTMENT. WHILE SERGEANT LEVIEN'S REENLISTMENT OF NOVEMBER 1, 1954, WAS ENTERED INTO ON THE DAY FOLLOWING THE DATE ON WHICH HE WAS GIVEN HIS LATEST RELEASE FROM ACTIVE DUTY AS AN OFFICER, HE DID NOT SERVE IN AN ENLISTED STATUS IMMEDIATELY PRIOR TO THE PERIOD OF ACTIVE DUTY AS AN OFFICER FROM WHICH HE WAS SO RELEASED. ACCORDINGLY, IT IS CONCLUDED THAT THERE IS NO AUTHORITY FOR PAYMENT OF A REENLISTMENT BONUS TO HIM UNDER SECTION 208. THE MILITARY PAY ORDER WILL BE RETAINED HERE.