B-163038, JAN. 11, 1968

B-163038, JAN. 11, 1968

ARMED SERVICES - REENLISTMENT BONUS DECISION TO NAVY DISBURSING OFFICER RE ENTITLEMENT OF MEMBER TO VARIABLE REENLISTMENT BONUS. ALTHOUGH MEMBER WHO EXTENDED MINORITY ENLISTMENT FOR TWO YEARS DID NOT MEET ELIGIBILITY REQUIREMENTS TO RECEIVE VARIABLE REENLISTMENT BONUS BECAUSE HIS EARLIER AND FUTURE OBLIGATED SERVICE DID NOT AGGREGATE 69 MONTHS, HIS TOTAL SERVICE INCLUDING THAT STILL TO BE SERVED BECAME IN EXCESS OF 72 MONTHS UPON EXECUTION OF SECOND EXTENSION AGREEMENT. SINCE RIGHT TO VARIABLE REENLISTMENT BONUS VESTS AT TIME OF EXTENSION, THE MEMBER'S SECOND EXTENSION RELATED BACK TO THE TIME OF THE FIRST EXTENSION AND HE IS ENTITLED TO THE VARIABLE REENLISTMENT BONUS ON BASIS OF COMBINED EXTENSIONS.

TO LIEUTENANT (JG) M. L. TASTAD, DISBURSING OFFICER:

BY THIRD ENDORSEMENT DATED DECEMBER 4, 1967, THE COMPTROLLER OF THE NAVY FORWARDED YOUR LETTER OF OCTOBER 20, 1967, REQUESTING AN ADVANCE DECISION AS TO THE ENTITLEMENT OF MM3 EARLIE D. MILLER, 771 33 75, U.S. NAVY, TO VARIABLE REENLISTMENT BONUS IN THE CIRCUMSTANCES DISCUSSED BELOW. YOUR REQUEST HAS BEEN ASSIGNED SUBMISSION NO. DO-N 971 BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE.

YOU FORWARDED WITH YOUR LETTER A COPY OF AN ENLISTMENT CONTRACT DATED JUNE 22, 1964, BY WHICH MILLER ENTERED INTO A MINORITY ENLISTMENT AND OBLIGATED HIMSELF TO SERVE UNTIL SEPTEMBER 6, 1967. YOU ALSO FORWARDED COPIES OF TWO AGREEMENTS EXECUTED ON NOVEMBER 4, 1964, BY WHICH HE AGREED TO EXTEND HIS MINORITY ENLISTMENT FOR SEPARATE PERIODS OF 2 YEARS AND 10 MONTHS, RESPECTIVELY, THEY BEING DESIGNATED AS A "FIRST" AND A "SECOND" EXTENSION OF HIS "CURRENT ENLISTMENT.'

SINCE, AT THE TIME MILLER'S 2-YEAR EXTENSION WENT INTO EFFECT, HE DID NOT MEET THE ELIGIBILITY REQUIREMENTS OF THE APPLICABLE NAVY REGULATIONS TO RECEIVE A VARIABLE REENLISTMENT BONUS, YOU REQUEST A DECISION WHETHER IN DETERMINING HIS ELIGIBILITY FOR SUCH BONUS THE COMBINED TOTAL OF BOTH EXTENSIONS AND PRIOR ACTIVE SERVICE SHOULD BE USED TO MEET THE LENGTH OF SERVICE REQUIREMENTS EVEN THOUGH ONE EXTENSION RELATES ENTIRELY TO A FUTURE PERIOD OF TIME.

THE VARIABLE REENLISTMENT BONUS IS AUTHORIZED IN 37 U.S.C. 308 (G) WHICH WAS ADDED BY SECTION 3 OF THE ACT OF AUGUST 21, 1965, PUBLIC LAW 89-132, 79 STAT. 547, AND WHICH PROVIDES IN PERTINENT PART THAT:

"/G) UNDER REGULATIONS TO BE PRESCRIBED BY THE SECRETARY OF DEFENSE, OR THE SECRETARY OF THE TREASURY WITH RESPECT TO THE COAST GUARD WHEN IT IS NOT OPERATING AS A SERVICE IN THE NAVY, A MEMBER WHO IS DESIGNATED AS HAVING A CRITICAL MILITARY SKILL AND WHO IS ENTITLED TO A BONUS COMPUTED UNDER SUBSECTION (A) OF THIS SECTION UPON HIS FIRST REENLISTMENT MAY BE PAID AN ADDITIONAL AMOUNT NOT MORE THAN FOUR TIMES THE AMOUNT OF THAT BONUS. * * *"

THE REGULATIONS OF THE SECRETARY OF DEFENSE PRESENTLY APPLICABLE TO VARIABLE REENLISTMENT BONUS ARE CONTAINED IN PART ONE, CHAPTER 9, DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCES ENTITLEMENTS MANUAL. PARAGRAPH 10912A PROVIDES THAT IN ORDER TO RECEIVE A VARIABLE REENLISTMENT BONUS, A MEMBER, AMONG OTHER REQUIREMENTS, MUST REENLIST IN A REGULAR COMPONENT OF THE SAME SERVICE WITHIN THREE MONTHS AFTER DISCHARGE OR RELEASE FROM ACTIVE DUTY, OR EXTEND HIS ENLISTMENT, FOR A PERIOD OF TOTAL ACTIVE SERVICE AS PRESCRIBED IN EACH SERVICE'S REGULATIONS.

PARAGRAPH 6C, BUPERS INST 1133.18A, PROVIDES THAT IN ORDER TO RECEIVE A VARIABLE REENLISTMENT BONUS AN INDIVIDUAL MUST EXTEND OR REENLIST IN THE REGULAR NAVY FOR A PERIOD WHICH, WHEN COMBINED WITH PRIOR ACTIVE SERVICE, TOTALS NOT LESS THAN 69 MONTHS OF CONTINUOUS ACTIVE SERVICE.

UNDER THE PROVISIONS OF 10 U.S.C. 5539 (A), A MEMBER OF THE REGULAR NAVY OR THE REGULAR MARINE CORPS MAY EXTEND OR RE-EXTEND HIS ENLISTMENT BY WRITTEN AGREEMENT FOR LESS THAN ONE YEAR OR FOR A PERIOD OF 1, 2, 3 OR 4 YEARS BUT THE TOTAL OF ALL SUCH EXTENSIONS OF AN ENLISTMENT MAY NOT EXCEED 4 YEARS. SECTION 906 (B) OF TITLE 37, U.S. CODE, PROVIDES THAT A MEMBER OF THE REGULAR NAVY OR THE REGULAR MARINE CORPS WHO EXTENDS HIS ENLISTMENT UNDER SECTION 5539 OF TITLE 10 IS ENTITLED TO THE SAME PAY AND ALLOWANCES AS THOUGH HE HAD REENLISTED AND THAT FOR THE PURPOSES OF DETERMINING ENTITLEMENT TO REENLISTMENT BONUS AND TO TRAVEL AND TRANSPORTATION ALLOWANCES UPON DISCHARGE, ALL SUCH EXTENSIONS OF ENLISTMENT ARE CONSIDERED ONE CONTINUOUS EXTENSION.

WE HELD IN DECISION B-141775 OF JULY 18, 1960, 40 COMP. GEN. 14,THAT A SERIES OF EXTENSIONS, CONSIDERED AS ONE CONTINUOUS EXTENSION, PLACES THE MEMBER IN EXACTLY THE SAME STATUS AS THOUGH HE HAD ORIGINALLY EXTENDED HIS ENLISTMENT FOR THE AGGREGATE OF ALL EXTENSIONS AND THE REENLISTMENT BONUS IS TO BE COMPUTED ON THE BASIS OF THE RATE OF PAY RECEIVED ON THE DAY BEFORE THE EFFECTIVE DATE OF THE FIRST EXTENSION.

WHILE MILLER'S FIRST EXTENSION OF 2 YEARS DID NOT ENTITLE HIM TO A VARIABLE REENLISTMENT BONUS BECAUSE HIS EARLIER AND FUTURE OBLIGATED SERVICE DID NOT AGGREGATE 69 MONTHS, HIS TOTAL SERVICE -- INCLUDING THAT STILL REQUIRED TO BE SERVED -- FOR THE PURPOSE OF ENTITLEMENT BECAME IN EXCESS OF 72 MONTHS IMMEDIATELY UPON HIS EXECUTION OF THE SECOND EXTENSION AGREEMENT. SINCE THE RIGHT TO RECEIVE A VARIABLE REENLISTMENT BONUS UNDER THE AUTHORITY OF 37 U.S.C. 308 (G) IS DEEMED TO VEST AT THE TIME OF REENLISTMENT (EXTENSION), THE MEMBER'S SECOND EXTENSION RELATED BACK TO THE TIME HIS FIRST EXTENSION TOOK EFFECT AND HE IS ENTITLED TO THE VARIABLE REENLISTMENT BONUS AS OF THAT DATE ON THE BASIS OF HIS COMBINED EXTENSIONS. COMPARE 46 COMP. GEN. 322.

THE MILITARY PAY ORDER TRANSMITTED WITH YOUR LETTER IS RETURNED HEREWITH.