B-124584, JANUARY 6, 1956, 35 COMP. GEN. 385

B-124584, JANUARY 6, 1956, 35 COMP. GEN. 385

MILEAGE - UNIFORMED SERVICES - ON EXTENSION OF ENLISTMENT TWO SUCCESSIVE 1-YEAR ENLISTMENTS ENTERED INTO BY A MEMBER OF THE UNIFORMED SERVICES DO NOT CONSTITUTE AN ENLISTMENT FOR A MINIMUM PERIOD OF 2 YEARS TO ENTITLE THE MEMBER TO MILEAGE.

TO N. P. LENGYEL, UNITED STATES MARINE CORPS, JANUARY 6, 1956:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 6, 1955, WITH ENCLOSURE, REQUESTING DECISION AS TO THE LEGALITY OF CREDITING THE PAY AMOUNT OF MASTER SERGEANT JOHN E. DRAKE, 375322, U.S. MARINE CORPS, WITH MILEAGE (TRAVEL ALLOWANCE) BY REASON OF A SECOND 1-YEAR EXTENSION OF ENLISTMENT, EXTENDING HIS ORIGINAL CONTRACT OF ENLISTMENT FOR A TOTAL OF 2 YEARS.

IT APPEARS THAT MASTER SERGEANT DRAKE WAS ACCEPTED FOR ENLISTMENT IN THE UNITED STATES MARINE CORPS FOR 4 YEARS ON MARCH 11, 1950, AT EL TORO, CALIFORNIA; THAT WHILE SERVING WITH COMPANY A, HEADQUARTERS BATTALION, HEADQUARTERS UNITED STATES MARINE CORPS, WASHINGTON, D.C. HE EXTENDED HIS ENLISTMENT FOR 1 YEAR, EFFECTIVE MARCH 11, 1954, AND THAT HE AGAIN EXTENDED HIS ENLISTMENT FOR YEAR, EFFECTIVE MARCH 11, 1955, WHILE SERVING WITH HEADQUARTERS AND HEADQUARTERS SQUADRON, MARINE CORPS AIR STATION, NAVY NO. 900, CARE OF FLEET POST OFFICE, SAN FRANCISCO, CALIFORNIA. DECISION IS REQUESTED WHETHER THE SECOND EXTENSION OF HIS ORIGINAL CONTRACT OF ENLISTMENT, COMBINED WITH THE FIRST EXTENSION OF HIS ENLISTMENT TO MAKE A TOTAL EXTENSION OF 2 YEARS, WOULD ENTITLE HIM TO AN OTHERWISE PROPER PAYMENT OF MILEAGE FROM WASHINGTON, D.C., TO EL TORO, CALIFORNIA, UNDER THE PROVISIONS OF PARAGRAPH 4156, CASE 10, JOINT TRAVEL REGULATIONS.

THE ACT OF AUGUST 22, 1912, AS AMENDED (34 U.S.C. 184), PROVIDES THAT THE TERM OF ENLISTMENT OF ANY ENLISTED MAN IN THE NAVY OR 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 1, 2, 3, OR 4 FULL YEARS FROM THE DATE OF EXPIRATION OF THE THEN EXISTING TERM OF ENLISTMENT, AND THAT SUBSEQUENT TO THAT DATE SUCH ENLISTED MEN AS EXTEND THEIR ENLISTMENTS UNDER ITS PROVISIONS 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.

PARAGRAPH 4156, CASE 10, JOINT TRAVEL REGULATIONS, PROVIDES THAT AN ENLISTED MEMBER WHO HAS EXTENDED HIS CURRENT CONTRACT OF ENLISTMENT FOR A PERIOD OF TWO OR MORE YEARS FROM THE DATE OF EXPIRATION WILL BE ENTITLED TO MILEAGE, IF OTHERWISE PROPER, UPON COMPLETION OF THE ORIGINAL TERM OF SERVICE FROM THE PLACE WHERE THE FIRST EXTENSION TAKES EFFECT TO THE PLACE OF ENTRY INTO THE SERVICE OR TO THE HOME OF RECORD, AS HE MAY ELECT. ALSO PROVIDES THAT MILEAGE IS NOT PAYABLE ON THE SECOND OR SUBSEQUENT EXTENSIONS OF AN ENLISTMENT.

PRIOR TO APRIL 1, 1951, THE EFFECTIVE DATE OF THE JOINT TRAVEL REGULATIONS, PAYMENT OF MILEAGE TO ENLISTED MEMBERS OF THE NAVY AND MARINE CORPS, UPON DISCHARGE OR EXTENSION OF THEIR ENLISTMENT, WAS SPECIFICALLY AUTHORIZED BY LAW (SECTION 126 OF THE ACT OF JUNE 3, 1916, 39 STAT. 217, AS AMENDED). SUCH STATUTORY AUTHORITY, HOWEVER, WAS REPEALED BY SECTION 531 (C) (6) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 840. SECTION 303 (A) OF THE 1949 ACT, 63 STAT. 813, 37 U. S. CODE 253 (A), PROVIDES, AMONG OTHER THINGS, THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED OR TO BE PERFORMED UNDER COMPETENT ORDERS UPON SEPARATION FROM THE SERVICE OR RELEASE FROM ACTIVE DUTY, FROM LAST DUTY STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY, REGARDLESS OF WHETHER OR NOT THE MEMBER PERFORMS THE TRAVEL INVOLVED. IT FURTHER PROVIDES THAT THE RESPECTIVE SECRETARIES CONCERNED MAY PRESCRIBE THE CONDITIONS UNDER WHICH TRAVEL AND TRANSPORTATION ALLOWANCES SHALL BE AUTHORIZED AND THE ALLOWANCES FOR TYPES OF TRAVEL NOT TO EXCEED THE AMOUNTS SPECIFIED.

ON AND AFTER APRIL 1, 1951, THE ONLY AUTHORITY FOR THE PAYMENT OF MILEAGE TO ENLISTED MEMBERS OF THE UNIFORMED SERVICES UPON SEPARATION FROM THE SERVICE OR RELEASE FROM ACTIVE DUTY (A MEMBER OF THE MARINE CORPS WHO EXTENDS HIS ENLISTMENT BEING DEEMED IN ALL RESPECTS AS THOUGH REGULARLY DISCHARGED) IS THAT CONTAINED IN THE JOINT TRAVEL REGULATIONS PROMULGATED BY THE SECRETARIES CONCERNED IN ACCORDANCE WITH THE AUTHORITY VESTED IN THEM BY SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949. THOSE REGULATIONS DO NOT PROVIDE FOR THE PAYMENT OF MILEAGE WHEN THE AGGREGATE TIME UNDER EXTENSIONS OF AN ENLISTMENT IS TWO YEARS OR MORE, BUT SPECIFICALLY LIMIT SUCH PAYMENT TO MEMBERS WHO EXTEND THEIR CURRENT CONTRACT OF ENLISTMENT FOR A MINIMUM PERIOD OF TWO OR MORE YEARS. HENCE, THERE IS NO AUTHORITY OF LAW FOR THE PAYMENT TO MASTER SERGEANT DRAKE OF MILEAGE, UPON THE SECOND EXTENSION OF HIS ENLISTMENT FOR ONE YEAR, ON THE BASIS THAT THE AGGREGATE OF THE TWO 1 YEAR EXTENSIONS OF HIS ORIGINAL CONTRACT OF ENLISTMENT CONSTITUTES AN EXTENSION OF SUCH ENLISTMENT FOR A PERIOD OF 2 YEARS. ACCORDINGLY, YOU ARE NOT AUTHORIZED TO CREDIT HIM WITH THE MILEAGE CLAIMED.