B-152972, JAN. 30, 1964

B-152972, JAN. 30, 1964

TO AIRMAN FIRST CLASS ROBERT P. ROBINSON, AF 3413 2329:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 12, 1962 (1963), IN EFFECT REQUESTING REVIEW OF OUR SETTLEMENT OF SEPTEMBER 27, 1963, WHICH DISALLOWED YOUR CLAIM FOR AN ADDITIONAL AMOUNT WHICH YOU BELIEVE TO BE DUE YOU AS REENLISTMENT BONUS INCIDENT TO YOUR ENLISTMENT OF OCTOBER 22, 1952, IN THE REGULAR AIR FORCE, AND YOUR REENLISTMENTS OF OCTOBER 19, 1955, AND MAY 2, 1962.

THE FACTS IN YOUR CASE AS REPORTED TO US BY THE DEPARTMENT OF THE AIR FORCE ARE THAT YOU WERE RECALLED TO ACTIVE DUTY ON MAY 16, 1951; THAT, AFTER YOUR DISCHARGE ON OCTOBER 21, 1952, YOU ENLISTED ON OCTOBER 22, 1952, FOR 3 YEARS AND WERE PAID A $90 BONUS; THAT, AFTER YOUR DISCHARGE ON OCTOBER 18, 1955, YOU REENLISTED ON OCTOBER 19, 1955, FOR 6 YEARS AND RECEIVED A SECOND REENLISTMENT BONUS OF $842.40; AND THAT, AFTER YOUR DISCHARGE ON MAY 1, 1962, YOU REENLISTED ON MAY 2, 1962, AND RECEIVED A THIRD REENLISTMENT BONUS OF $304.33, FOR 4 YEARS, 9 MONTHS, AND 20 DAYS TO COMPLETE 20 YEARS OF ACTIVE FEDERAL SERVICE. IT APPEARS THAT THE $90 PAYMENT WAS MADE UNDER THE PROVISIONS OF SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949, CH. 681, 63 STAT. 811, AND THAT THE OTHER TWO PAYMENTS WERE MADE UNDER THE PROVISIONS OF SECTION 208 OF THAT ACT, AS ADDED BY SECTION 2 OF THE ACT OF JULY 16, 1954, CH. 535, 68 STAT. 488.

YOU SAY THAT WHEN YOU ENLISTED IN THE REGULAR AIR FORCE FOR 3 YEARS IN OCTOBER 1952 YOU CONTENDED THAT YOUR TIME WAS UP BECAUSE YOU HAD SERVED 15 MONTHS AND BECAUSE YOU WERE AUTHORIZED A NORMAL DISCHARGE. YOU STATE FURTHER THAT, IN SPITE OF YOUR CONTENTION, YOU WERE REFUSED A ,REGULAR ENLISTMENT" AT THAT TIME ON THE GROUND THAT YOUR TIME WAS NOT UP, AND THAT THE TRAVEL PAY INCIDENT TO YOUR DISCHARGE WAS DISALLOWED. YOU NOW CONTEND THAT IF YOU WERE NOT ELIGIBLE FOR ,REGULAR ENLISTMENT" OR TRAVEL PAY AT THAT TIME, THE PAYMENT OF THE $90 ALLOWANCE (BONUS) WAS NOT LEGAL, AND THAT SUCH 3-YEAR ENLISTMENT SHOULD NOT HAVE BEEN COUNTED IN DETERMINING THE AMOUNT DUE YOU AS REENLISTMENT BONUS. ON SUCH BASIS, YOU IN EFFECT CONTEND THAT YOUR FIRST REENLISTMENT WITHIN THE INTENT AND MEANING OF THE PERTINENT LAWS WAS ON OCTOBER 19, 1955; THAT YOUR SECOND REENLISTMENT WAS ON MAY 2, 1962; AND THAT THE AMOUNT DUE YOU AS REENLISTMENT BONUS SHOULD BE RECOMPUTED ACCORDINGLY.

SUBSECTION (A) OF SECTION 207 OF THE 1949, ACT PROVIDED, IN PERTINENT PART, THAT MEMBERS OF THE UNIFORMED SERVICES WHO ENLISTED AS THERE SPECIFIED SHOULD BE PAID A LUMP-SUM REENLISTMENT BONUS OF $90 UPON ENLISTMENT FOR A PERIOD OF 3 YEARS, AND SUBSECTION (B) OF THAT SECTION PROVIDED THAT, FOR THE PURPOSE OF PAYMENT OF THE REENLISTMENT BONUS SO AUTHORIZED, ENLISTMENT IN ONE OF THE REGULAR SERVICES FOLLOWING EXTENDED ACTIVE DUTY OF 1 YEAR OR MORE IN A RESERVE COMPONENT OF SUCH SERVICE, SHOULD BE CONSIDERED A REENLISTMENT. IT APPEARS THAT THE AUTHORITY FOR YOUR DISCHARGE ON OCTOBER 21, 1952, WAS PARAGRAPH 3F, AIR FORCE REGULATION NO. 39-14 (MAY 2, 1951), WHICH PROVIDED THAT RESERVE MEMBERS SERVING ON ACTIVE DUTY MIGHT BE DISCHARGED FOR THE PURPOSE OF IMMEDIATE ENLISTMENT IN THE REGULAR AIR FORCE FOR 3 YEARS OR MORE. AS TO YOUR ENTITLEMENT TO TRAVEL ALLOWANCE INCIDENT TO YOUR DISCHARGE AT THAT TIME, IT WAS SPECIFICALLY PROVIDED IN PARAGRAPH 4153, CASE 19, JOINT TRAVEL REGULATIONS, CHANGE 2, AUGUST 1, 1952, THAT A MEMBER "WHO IS SEPARATED FROM THE SERVICE OR RELIEVED FROM ACTIVE DUTY FOR THE EXPRESS PURPOSE OF CONTINUING IN THE SERVICE (OTHER THAN EXPIRATION OF ENLISTMENT) IN THE SAME OR IN ANOTHER STATUS IS NOT ENTITLED TO MILEAGE ON SUCH DISCHARGE.'

IN THE CIRCUMSTANCES, WE FIND NO REASON FOR CONCLUDING THAT YOUR ENLISTMENT IN THE REGULAR AIR FORCE ON OCTOBER 22, 1952, WAS QUESTIONABLE IN ANY WAY OR THAT IT SHOULD NOT HAVE BEEN COUNTED IN DETERMINING THE AMOUNT DUE YOU AS REENLISTMENT BONUS. IT APPEARS THAT SUCH ENLISTMENT WAS YOUR FIRST ENLISTMENT WITHIN THE INTENT AND MEANING OF THE LAWS PROVIDING FOR PAYMENT OF THE REENLISTMENT BONUS AND THAT YOU HAVE BEEN PROPERLY PAID THE REENLISTMENT BONUS ON THAT BASIS.