B-146486, AUG. 3, 1961

B-146486, AUG. 3, 1961

TO LIEUTENANT COMMANDER C. CULLEN, SC, USN:

THERE WAS RECEIVED BY FIRST ENDORSEMENT OF JULY 11, 1961, YOUR LETTER OF JUNE 21, 1961 P:CC:JM 7220), REQUESTING DECISION AS TO WHETHER REENLISTMENT BONUS FOR FOUR MONTHS AND SEVEN DAYS MAY BE CREDITED TO JAMES S. GRAHAM, 382 24 11, UNDER THE CIRCUMSTANCES SET FORTH IN YOUR LETTER. THE REQUEST FOR DECISION WAS ASSIGNED DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE SUBMISSION NO. DO-N-589.

IT IS SHOWN THAT THE MEMBER ENLISTED IN THE NAVY ON APRIL 6, 1956, FOR FOUR YEARS AND WAS PAID A REENLISTMENT BONUS. THIS WAS A SECOND REENLISTMENT FOR BONUS ENTITLEMENT. ON APRIL 6, 1960, HE EXTENDED HIS ENLISTMENT FOR ONE YEAR. AT THAT TIME HE HAD COMPLETED 19 YEARS, 7 MONTHS AND 23 DAYS' ACTIVE FEDERAL SERVICE. ON APRIL 6, 1961, HE EXTENDED HIS ENLISTMENT FOR TWO YEARS. ON THE DATE OF THAT EXTENSION HE HAD COMPLETED 20 YEARS, 7 MONTHS AND 23 DAYS. YOUR QUESTIONS IN THE MATTER ARE AS FOLLOWS:

"A. MAY A 2 YEAR EXTENSION BE ADDED TO A 1 YEAR EXTENSION AND BE CONSIDERED AS AN ENLISTMENT FOR THE PURPOSE OF ENTITLEMENT TO REENLISTMENT BONUS UNDER SECTION 208, CAREER COMPENSATION ACT OF 1949, AS AMENDED?

"B. IF ANSWER TO QUESTION (A) IS AFFIRMATIVE, IS MEMBER ENTITLED TO REENLISTMENT BONUS FOR 4 MONTHS AND 7 DAYS OF ACTIVE FEDERAL SERVICE NOT COMPLETED ON DATE OF FIRST EXTENSION OF ENLISTMENT UPON EXTENSION ON 6 APRIL 1961 AT WHICH TIME MEMBER HAD COMPLETED IN EXCESS OF 20 YEARS?

SECTION 208 (B) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 239 (B), PROVIDES THAT NO REENLISTMENT BONUS MAY BE PAID TO A MEMBER WHO REENLISTS "AFTER COMPLETING A TOTAL OF TWENTY YEARS OF ACTIVE FEDERAL SERVICE.' IT FURTHER PROVIDES THAT THE BONUS PAYABLE TO A MEMBER WHO REENLISTS "BEFORE COMPLETING A TOTAL OF TWENTY YEARS OF ACTIVE FEDERAL SERVICE, BUT WHO WILL UNDER THAT REENLISTMENT COMPLETE MORE THAN TWENTY YEARS OF SUCH SERVICE, IS COMPUTED BY USING AS A MULTIPLIER ONLY THAT NUMBER OF YEARS WHICH, WHEN ADDED TO HIS PREVIOUS SERVICE, TOTALS TWENTY YEARS.' PARAGRAPH 4C, SACNAV INSTRUCTION 7220.37A, DATED AUGUST 29, 1960, PROVIDES THAT EXTENSIONS OF ENLISTMENT AGGREGATING TWO OR MORE YEARS WILL BE COUNTED AS ONE SINGLE REENLISTMENT IN COMPUTING SUBSEQUENT REENLISTMENT BONUSES.

IN DECISION OF JULY 18, 1960, 40 COMP. GEN. 14, IT WAS HELD THAT UNDER 10 U.S.C. 5539 (B) WHICH, WHEN ENACTED INTO LAW ON AUGUST 10, 1956, CONTAINED A SUBSTANTIVE CHANGE FROM THE DERIVATIVE STATUTE IN THAT TWO ONE-YEAR ENLISTMENT EXTENSIONS CONSTITUTE A REENLISTMENT FOR BONUS ENTITLEMENT UNDER SECTION 208 OF THE CAREER COMPENSATION ACT OF 1949, IT IS THE SECOND OR ANY OTHER SUBSEQUENT EXTENSION WHICH, WHEN ADDED TO THE PREVIOUS EXTENSION OF THE SAME ENLISTMENT AGGREGATES TWO YEARS OR MORE, ESTABLISHES THE REENLISTMENT. SEE B-141775, DATED MARCH 20, 1961, 40 COMP. GEN. 521. THUS, A TWO-YEAR EXTENSION MAY BE ADDED TO A ONE-YEAR EXTENSION AND CONSIDERED AS AN ENLISTMENT FOR THE PURPOSE OF REENLISTMENT BONUS UNDER SECTION 208 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED. QUESTION A IS ANSWERED IN THE AFFIRMATIVE.

WITH RESPECT TO QUESTION B, A REENLISTMENT FOR BONUS PURPOSES DID NOT EXIST UNTIL THE MEMBER ENTERED INTO THE TWO-YEAR EXTENSION ON APRIL 6, 1961, AT WHICH TIME HE HAD COMPLETED MORE THAN TWENTY YEARS' SERVICE. THE LAW CLEARLY PROHIBITS PAYMENT OF THE BONUS TO A MEMBER WHO REENLISTS AFTER HE HAS COMPLETED A TOTAL OF 20 YEARS OF ACTIVE FEDERAL SERVICE. WHILE PROVISION IS MADE TO PAY FOR SERVICE UP TO 30 YEARS TO A MEMBER WHO PRIOR TO COMPLETING 20 YEARS OF SERVICE ENTERS INTO A REENLISTMENT WHICH WILL GIVE HIM 20 YEARS' SERVICE, NO SUCH PROVISION IS MADE FOR MEMBERS SUCH AS GRAHAM WHO, AFTER COMPLETING MORE THAN 19 YEARS OF ACTIVE FEDERAL SERVICE, EXTEND THEIR ENLISTMENTS FOR ONE YEAR AND THEN AFTER COMPLETING A TOTAL OF 20 YEARS OF SERVICE ENTER INTO A ,REENLISTMENT" BY EXTENDING THEIR ENLISTMENTS FOR TWO OR MORE YEARS. THEREFORE, QUESTIONB IS ANSWERED IN THE NEGATIVE.

ACCORDINGLY, PAYMENT OF REENLISTMENT BONUS IS NOT AUTHORIZED TO JAMES S. GRAHAM FOR FOUR MONTHS AND SEVEN DAYS OF ACTIVE FEDERAL SERVICE.