B-146023, SEP. 22, 1961

B-146023, SEP. 22, 1961

TO MASTER SERGEANT ANDY ANSELMI, USAF:

REFERENCE IS MADE TO YOUR LETTER OF MAY 14, 1961, WITH ENCLOSURES, IN EFFECT REQUESTING RECONSIDERATION OF THE SETTLEMENT OF MAY 8, 1961, WHICH DISALLOWED YOUR CLAIM FOR PAYMENT OF A REENLISTMENT BONUS FOR THE PERIOD DECEMBER 1946 TO DECEMBER 1949.

YOUR MILITARY HISTORY FURNISHED US BY THE ARMY RECORDS CENTER SHOWS THAT YOU ENLISTED IN THE ARMY AIR CORPS ON DECEMBER 30, 1936; WERE HONORABLY DISCHARGED ON DECEMBER 29, 1939; ENLISTED IN THE ARMY AIR CORPS DECEMBER 30, 1939; AND WERE HONORABLY DISCHARGED FEBRUARY 4, 1944, TO ACCEPT A TEMPORARY APPOINTMENT AS WARRANT OFFICER JUNIOR GRADE. IT IS FURTHER SHOWN THAT YOU WERE APPOINTED A WARRANT OFFICER JUNIOR GRADE, UNITED STATES ARMY, ON FEBRUARY 5, 1944, ENTERING ON ACTIVE DUTY THAT SAME DAY, AND THAT YOU WERE RELIEVED FROM ACTIVE DUTY ON APRIL 12, 1947. THE REPORT FURNISHED GOES ON TO INDICATE THAT YOU REENLISTED AND ENTERED ON ACTIVE DUTY IN THE UNITED STATES AIR FORCE ON APRIL 13, 1950; WERE HONORABLY DISCHARGED ON JUNE 24, 1954; AND THEN REENLISTED ON JUNE 25, 1954. YOU WERE HONORABLY RETIRED AND TRANSFERRED TO THE AIR FORCE RESERVE ON SEPTEMBER 30, 1958.

YOUR CLAIM FOR REENLISTMENT BONUS FOR THE PERIOD DECEMBER 1946 TO DECEMBER 1949 WAS DISALLOWED BY SETTLEMENT OF MAY 8, 1961, ON THE BASIS THAT THE AVAILABLE RECORD DID NOT SHOW ANY SERVICE FROM APRIL 1947 TO APRIL 1950. WITH YOUR LETTER OF MAY 8, 1961, YOU HAVE ENCLOSED COPIES OF YOUR DD FORM 214, REPORT OF SEPARATION FROM THE ARMED FORCES OF THE UNITED STATES, AND YOUR HONORABLE DISCHARGE FROM THE AIR FORCE OF THE UNITED STATES, DATED APRIL 12, 1950, TO ESTABLISH THAT YOU HAD ENLISTED SERVICE DURING THAT PERIOD.

YOUR DD FORM 214 SHOWS THAT YOU HAD ENLISTED SERVICE IN THE UNITED STATES AIR FORCE DURING THE PERIOD APRIL 13, 1947, TO APRIL 12, 1950, AS YOU CONTEND. HOWEVER, IT IS NOTED IN ITEM 38 IN THE REMARKS SECTION OF THIS SAME DD FORM 214 THAT YOU WERE PAID A REENLISTMENT BONUS IN THE AMOUNT OF $360 ON VOUCHER NO. 20019, DATED APRIL 17, 1950, IN THE ACCOUNTS OF LIEUTENANT COLONEL T. J. BROOKS, USAF, 225 035. IT APPEARS THAT YOU WERE PAID THIS $360 REENLISTMENT BONUS INCIDENT TO YOUR REENLISTMENT IN THE UNITED STATES AIR FORCE ON APRIL 13, 1950. THE SO-CALLED "LOST BONUS PERIOD" (DECEMBER 1946 TO DECEMBER 1949) TO WHICH YOU HAVE REFERRED, AND FOR WHICH YOU BELIEVE YOU ARE ENTITLED TO $50 FOR EACH OF THE 3 YEARS INVOLVED, WAS SERVED JUST PRIOR TO YOUR REENLISTMENT OF APRIL 13, 1950.

UNDER 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. HOWEVER, THIS PROVISION RELATING TO ENLISTMENT ALLOWANCES UNDER WHICH YOU BELIEVE YOU ARE ENTITLED TO $150 MUST BE VIEWED TOGETHER WITH THE PERTINENT PROVISIONS OF THE CAREER COMPENSATION ACT OF 1949 UNDER WHICH YOU ACTUALLY RECEIVED THE $360 REENLISTMENT BONUS INCIDENT TO YOUR REENLISTMENT ON APRIL 13, 1950.

A REENLISTMENT BONUS IS AUTHORIZED TO BE PAID TO CERTAIN MEMBERS OF THE UNIFORMED SERVICES AS SET FORTH IN SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 811, PROVIDING IN PART THAT:

"/A) MEMBERS OF THE UNIFORMED SERVICES WHO ENLIST UNDER THE CONDITIONS SET FORTH IN SUBSECTION (B) OF THIS SECTION WITHIN THREE MONTHS FROM THE DATE OF THEIR DISCHARGE OR SEPARATION, OR WITHIN SUCH LESSER PERIOD OF TIME AS THE SECRETARY CONCERNED MAY DETERMINE FROM TIME TO TIME, SHALL BE PAID A LUMP SUM REENLISTMENT BONUS OF $40, $90, $160, $250, OR $360 UPON ENLISTMENT FOR A PERIOD OF TWO, THREE, FOUR, FIVE, OR SIX YEARS, RESPECTIVELY; AND, UPON ENLISTMENT FOR AN UNSPECIFIED PERIOD OF TIME AMOUNTING TO MORE THAN SIX YEARS A LUMP SUM REENLISTMENT BONUS OF $360 SHALL BE PAID * * *.

"/B) FOR THE PURPOSE OF PAYMENT OF THE REENLISTMENT BONUS AUTHORIZED BY SUBSECTION (A) OF THIS SECTION, ENLISTMENT IN ONE OF THE REGULAR SERVICES FOLLOWING (1) COMPULSORY OR VOLUNTARY ACTIVE DUTY IN SUCH SERVICE, OR (2) EXTENDED ACTIVE DUTY OF ONE YEAR OR MORE IN A RESERVE COMPONENT OF SUCH SERVICE, SHALL BE CONSIDERED A REENLISTMENT.

"/D) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (A) OF THIS SECTION, 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 THIS ACT, OR WHO REENLISTS WITHIN THREE MONTHS AFTER BEING RELIEVED FROM ACTIVE SERVICE AS A COMMISSIONED OFFICER OR WARRANT OFFICER UNDER APPOINTMENT MADE PRIOR TO THE DATE OF ENACTMENT OF THIS ACT IF SUCH COMMISSIONED OR WARRANT SERVICE IMMEDIATELY FOLLOWED ENLISTED SERVICE, SHALL BE ENTITLED TO RECEIVE EITHER (1) ENLISTMENT ALLOWANCES IN THE AMOUNT AND UNDER THE PROVISIONS OF LAW IN EFFECT IMMEDIATELY PRIOR TO THE DATE OF ENACTMENT OF THIS ACT, OR (2) REENLISTMENT BONUS IN THE AMOUNT AND UNDER THE PROVISIONS OF THIS SECTION, WHICHEVER IS THE GREATER AMOUNT: PROVIDED, THAT THE ENLISTMENT ALLOWANCE PAYABLE UNDER (1) HEREUNDER SHALL IN NO EVENT EXCEED $300.'

WHILE YOU APPARENTLY BELIEVE YOU LOST A $150 ENLISTMENT ALLOWANCE FOR A "LOST BONUS PERIOD" UNDER THE PAY READJUSTMENT ACT OF 1942, SECTION 207 (D) OF THE CAREER COMPENSATION ACT IS, IN EFFECT, A SAVINGS PROVISION UNDER WHICH MEMBERS WHO REENLISTED WITHIN THREE MONTHS AFTER BEING DISCHARGED FROM THE ENLISTMENT ENTERED INTO PRIOR TO THE DATE OF ENACTMENT OF THE ACT (OCTOBER 12, 1949) HAD THE RIGHT TO THE LARGER OF A REENLISTMENT ALLOWANCE COMPUTED UNDER THE OLD LAW ($150 IN YOUR CASE) OR A REENLISTMENT BONUS COMPUTED UNDER THE NEW LAW. IT DOES NOT AUTHORIZE THE RECEIPT OF BOTH. YOU HAVE BEEN PAID A $360 REENLISTMENT BONUS UNDER THE NEW LAW. ON SUCH BASIS, THERE IS NO AUTHORITY TO PAY YOU A REENLISTMENT ALLOWANCE UNDER LAWS IN EFFECT PRIOR TO THE CAREER COMPENSATION ACT INCIDENT TO YOUR REENLISTMENT ON APRIL 13, 1950.