B-126112, MAR. 21, 1956
Highlights
YOU WERE HONORABLY DISCHARGED FROM THAT ENLISTMENT ON FEBRUARY 24. YOUR CLAIM WAS DISALLOWED BECAUSE THE EXTENSION OF YOUR ORIGINAL ENLISTMENT EFFECTIVE FEBRUARY 25. WAS NOT AN EXTENSION OF A REENLISTMENT WITHIN THE MEANING OF SUBSECTION 207 (C) OF THE CAREER COMPENSATION ACT OF 1949. IN WHICH THE WORD "REENLISTMENT" IS DEFINED AS INCLUDING A VOLUNTARY EXTENSION OF AN ENLISTMENT FOR TWO OR MORE YEARS. THE CHANGES TO THE ARMY REGULATIONS TO WHICH YOU REFER IS CONTAINED IN SUBSECTION 208 (E) OF THE CAREER COMPENSATION ACT OF 1949. IS PRESUMED TO BE EFFECTIVE AT THE BEGINNING OF THE DAY ON WHICH IT IS ENACTED. 16 COMP. THE CONCLUSION IS REQUIRED. IS EFFECTIVE ONLY ON AND AFTER THE DATE OF ITS ENACTMENT AND THAT THE BENEFITS AUTHORIZED BY THE ACT.
B-126112, MAR. 21, 1956
TO MASTER SERGEANT BENJAMIN H. ANDERSON:
YOUR LETTER OF OCTOBER 28, 1955, REQUESTS REVIEW OF SETTLEMENT DATED JUNE 22, 1954, WHICH DISALLOWED YOUR CLAIM FOR A REENLISTMENT BONUS BY REASON OF AN EXTENSION OF AN ENLISTMENT INCIDENT TO YOUR MILITARY SERVICE.
YOU FIRST ENLISTED IN THE REGULAR ARMY ON FEBRUARY 25, 1947, FOR THREE YEARS. YOU VOLUNTARILY EXTENDED SUCH ENLISTMENT FOR THREE YEARS ON FEBRUARY 20, 1950, AND YOU WERE HONORABLY DISCHARGED FROM THAT ENLISTMENT ON FEBRUARY 24, 1953. YOUR CLAIM WAS DISALLOWED BECAUSE THE EXTENSION OF YOUR ORIGINAL ENLISTMENT EFFECTIVE FEBRUARY 25, 1950, WAS NOT AN EXTENSION OF A REENLISTMENT WITHIN THE MEANING OF SUBSECTION 207 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, NOR DID IT CONSTITUTE A REENLISTMENT UNDER SUBSECTION 207 (A) OF THAT ACT.
YOU REQUEST RECONSIDERATION OF YOUR CLAIM ON THE BASIS OF DECISION DATED MAY 19, 1955, B-122291, 34 COMP. GEN. 615, AND CHANGES TO ARMY REGULATIONS NO. 35-1525, DATED JULY 20, 1955, IN WHICH THE WORD "REENLISTMENT" IS DEFINED AS INCLUDING A VOLUNTARY EXTENSION OF AN ENLISTMENT FOR TWO OR MORE YEARS.
THE AUTHORITY FOR THE DEFINITION OF THE WORD "REENLISTMENT" IN THE DECISION OF MAY 19, 1955, AND THE CHANGES TO THE ARMY REGULATIONS TO WHICH YOU REFER IS CONTAINED IN SUBSECTION 208 (E) OF THE CAREER COMPENSATION ACT OF 1949, AS ADDED BY SECTION 2 OF THE ACT OF JULY 16, 1954, 68 STAT. 489, WHICH PROVIDES AS FOLLOWS:
"/E) IN THIS SECTION,"REENLISTMENT" MEANS---
"/1) AN ENLISTMENT IN A REGULAR COMPONENT OF A UNIFORMED SERVICE AFTER COMPULSORY OR VOLUNTARY ACTIVE DUTY IN THAT SERVICE; OR
"/2) A VOLUNTARY EXTENSION OF AN ENLISTMENT FOR TWO OR MORE YEARS.'
IN THE ABSENCE OF A SPECIFIC PROVISION TO THE CONTRARY, A STATUTE, OR AN AMENDMENT TO AN EXISTING STATUTE, IS PRESUMED TO BE EFFECTIVE AT THE BEGINNING OF THE DAY ON WHICH IT IS ENACTED. 16 COMP. GEN. 1051; 22 COMP. GEN. 704; 29 COMP. GEN. 229; AND 34 COMP. GEN. 404. THE CONCLUSION IS REQUIRED, THEREFORE, THAT THE AMENDATORY ACT OF JULY 16, 1954, IS EFFECTIVE ONLY ON AND AFTER THE DATE OF ITS ENACTMENT AND THAT THE BENEFITS AUTHORIZED BY THE ACT, INCLUDING BENEFITS ACCRUING UNDER THE DEFINITION OF THE WORD "REENLISTMENT," DO NOT APPLY TO ANY REENLISTMENT OR EXTENSION OF AN ORIGINAL ENLISTMENT PRIOR TO JULY 16, 1954.
SINCE A VOLUNTARY EXTENSION FOR TWO OR MORE YEARS OF AN ORIGINAL ENLISTMENT IN THE ARMY DID NOT CONSTITUTE A REENLISTMENT PRIOR TO JULY 16, 1954, THE SETTLEMENT OF JUNE 22, 1954, DISALLOWING YOUR CLAIM FOR A REENLISTMENT BONUS INCIDENT TO THE THREE-YEAR EXTENSION ON FEBRUARY 20, 1950, OF YOUR ORIGINAL ENLISTMENT WAS PROPER AND IS SUSTAINED.