B-23971, MARCH 3, 1942, 21 COMP. GEN. 831

B-23971: Mar 3, 1942

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IS NOT PAYABLE TO FORMER MEMBERS OF RESERVE COMPONENTS. WHO WERE DISCHARGED OR RELEASED FROM ACTIVE SERVICE AND THEN BROUGHT INTO SERVICE IN THE ARMY OF THE UNITED STATES. IS PAYABLE UPON THE VOLUNTARY ENLISTMENT OF A MAN IN THE ARMY OF THE UNITED STATES IN TIME OF "WAR OR OTHER EMERGENCY DECLARED BY CONGRESS" AS PROVIDED IN SECTION 127A OF THE NATIONAL DEFENSE ACT. WILL BE ENTITLED TO THE $10 PER MONTH ADDITIONAL PAY AUTHORIZED BY SECTION 8 OF THE SERVICE EXTENSION ACT OF 1941 AFTER 12 MONTHS OF ACTIVE SERVICE. - AND THEREAFTER HIS ENLISTMENT WAS TREATED AS ONE IN THE ARMY OF THE UNITED STATES. HE IS ENTITLED TO CONTINUE TO RECEIVE THE $10 ADDITIONAL PAY AUTHORIZED BY SECTION 8 OF THE SERVICE EXTENSION ACT OF 1941 FOR EACH MONTH OF SERVICE IN EXCESS OF 12.

B-23971, MARCH 3, 1942, 21 COMP. GEN. 831

ARMY OF THE UNITED STATES ENLISTED MEN - ENLISTMENT ALLOWANCE; ADDITIONAL PAY FOR OVER 12 MONTHS' SERVICE THE REENLISTMENT ALLOWANCE AUTHORIZED IN SECTION 9 OF THE ACT OF JUNE 10, 1922, IS NOT PAYABLE TO FORMER MEMBERS OF RESERVE COMPONENTS, AND MEN WHO HAD BEEN INDUCTED UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, WHO WERE DISCHARGED OR RELEASED FROM ACTIVE SERVICE AND THEN BROUGHT INTO SERVICE IN THE ARMY OF THE UNITED STATES, WHETHER BY VOLUNTARY ENLISTMENT OR PURSUANT TO SAID SELECTIVE TRAINING AND SERVICE ACT. THE REENLISTMENT ALLOWANCE AUTHORIZED IN SECTION 9 OF THE ACT OF JUNE 10, 1922, IS PAYABLE UPON THE VOLUNTARY ENLISTMENT OF A MAN IN THE ARMY OF THE UNITED STATES IN TIME OF "WAR OR OTHER EMERGENCY DECLARED BY CONGRESS" AS PROVIDED IN SECTION 127A OF THE NATIONAL DEFENSE ACT, AS AMENDED, ONLY AFTER A DISCHARGE FROM AN ENLISTMENT IN THE REGULAR ARMY, AND NOT AFTER DISCHARGE FROM AN ENLISTMENT IN THE ARMY OF THE UNITED STATES. AN ENLISTED MAN BROUGHT INTO THE SERVICE UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940 OR UNDER THE PROVISIONS OF PUBLIC RESOLUTION NO. 96 OF AUGUST 27, 1940, WILL BE ENTITLED TO THE $10 PER MONTH ADDITIONAL PAY AUTHORIZED BY SECTION 8 OF THE SERVICE EXTENSION ACT OF 1941 AFTER 12 MONTHS OF ACTIVE SERVICE, NOTWITHSTANDING THERE HAS BEEN A BREAK IN HIS SERVICE AND A REENTRY INTO THE SERVICE, THE TOTAL OF SUCH ACTIVE SERVICE FOLLOWING INITIAL ENTRY UNDER EITHER OF THOSE ACTS TO BE COUNTED. WHERE AN ENLISTED MAN OF THE REGULAR ARMY HAD COMPLETED 12 MONTHS' SERVICE IN THE REGULAR ARMY ON DECEMBER 8, 1941--- DATE OF THE DECLARATION OF WAR--- AND THEREAFTER HIS ENLISTMENT WAS TREATED AS ONE IN THE ARMY OF THE UNITED STATES, HE IS ENTITLED TO CONTINUE TO RECEIVE THE $10 ADDITIONAL PAY AUTHORIZED BY SECTION 8 OF THE SERVICE EXTENSION ACT OF 1941 FOR EACH MONTH OF SERVICE IN EXCESS OF 12. WHERE AN ENLISTED MAN OF THE REGULAR ARMY HAD NOT ON DECEMBER 8, 1941--- THE DATE OF THE DECLARATION OF WAR--- ACQUIRED A RIGHT TO THE $10 PER MONTH ADDITIONAL PAY AUTHORIZED BY SECTION 8 OF THE SERVICE EXTENSION ACT OF 1941 BY SERVING 12 MONTHS IN THE REGULAR ARMY, TOGETHER WITH OTHER COUNTABLE SERVICE, AND AFTER DECEMBER 8, 1941, HIS ENLISTMENT WAS TREATED AS ONE IN THE ARMY OF THE UNITED STATES, HE WILL BE ENTITLED TO THE $10 PER MONTH ADDITIONAL PAY WHEN HIS TOTAL SERVICE IN THE REGULAR ARMY AND THAT IN THE ARMY OF THE UNITED STATES CONTINUOUS THEREWITH EQUALS 12 MONTHS. IF AN ENLISTED MAN IS DISCHARGED FROM THE ARMY OF THE UNITED STATES AFTER HAVING COMPLETED MORE THAN 12 MONTHS' REGULAR ARMY SERVICE, OR AFTER 12 MONTHS(- SERVICE IN THE REGULAR ARMY AND SERVICE IN THE ARMY OF THE UNITED STATES FOLLOWING DECEMBER 8, 1941--- THE DATE OF THE DECLARATION OF WAR--- UPON REENLISTMENT IN THE ARMY OF THE UNITED STATES HE WILL BE ENTITLED TO THE $10 PER MONTH ADDITIONAL PAY AUTHORIZED BY SECTION 8 OF THE SERVICE EXTENSION ACT OF 1941. AN ENLISTED MAN DISCHARGED FROM THE REGULAR ARMY PRIOR TO DECEMBER 8, 1941--- THE DATE OF THE DECLARATION OF WAR--- WHO ENLISTS IN THE ARMY OF THE UNITED STATES SUBSEQUENT TO DECEMBER 8, 1941, WILL BE ENTITLED TO THE ADDITIONAL $10 PER MONTH PAY AUTHORIZED BY SECTION 8 OF THE SERVICE EXTENSION ACT OF 1941 WHEN HIS TOTAL SERVICE AUTHORIZED TO BE COUNTED FOR THIS PURPOSE BY REGULAR ARMY ENLISTED MEN EQUALS 12 MONTHS.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF WAR, MARCH 3, 1942:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 18, 1942 (WITH ENCLOSURE), AS FOLLOWS:

REFERENCE IS MADE TO SECTION 127A OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916 (39 STAT. 166), ADDED BY THE ACT OF MAY 14, 1940 (54 STAT. 213), WHICH PROVIDES THAT:

"IN TIME OF WAR OR OTHER EMERGENCY DECLARED BY CONGRESS, ALL ENLISTMENTS IN THE ACTIVE MILITARY SERVICE OF THE UNITED STATES SHALL BE IN THE ARMY OF THE UNITED STATES WITHOUT SPECIFICATION OF ANY PARTICULAR COMPONENT OR UNIT THEREOF AND SHALL BE FOR THE DURATION OF THE WAR OR OTHER EMERGENCY PLUS SIX MONTHS, SUBJECT IN EACH CASE TO EARLIER DISCHARGE AT THE DISCRETION OF THE PRESIDENT OR OTHERWISE ACCORDING TO LAW. ELIGIBILITY FOR SUCH ENLISTMENT SHALL BE LIMITED TO PERSONS NOT LESS THAN EIGHTEEN YEARS OF AGE AND OTHERWISE QUALIFIED UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR SHALL PRESCRIBE. THE OATH OR AFFIRMATION OF ENLISTMENT SET FORTH IN ARTICLE OF WAR 109 SHALL BE USED AND MAY BE TAKEN BEFORE ANY OFFICER OF THE ARMY OF THE UNITED STATES. ALL PERSONS ENLISTED AT ANY TIME IN THE ARMY OF THE UNITED STATES OR ANY COMPONENT THEREOF, AS LONG AS THEY CONTINUE IN THE MILITARY SERVICE, SHALL, IN TIME OF WAR OR OTHER EMERGENCY DECLARED BY CONGRESS, BE AVAILABLE FOR ASSIGNMENT TO DUTY WITH ANY UNIT OF THE ARMY OF THE UNITED STATES AND MAY BE FREELY TRANSFERRED FROM ONE UNIT TO ANOTHER, REGARDLESS OF THE COMPONENT STATUS OF THE UNITS INVOLVED.'

ENLISTMENTS IN THE ARMY SINCE DECEMBER 8, 1941, HAVE, THEREFORE, BEEN IN THE ARMY OF THE UNITED STATES. QUESTIONS HAVE ARISEN AS TO THE STATUS OF MEN SO ENLISTED, WITH RESPECT TO THEIR RIGHTS TO RECEIVE THE ENLISTMENT ALLOWANCE UNDER SECTION 9 OF THE ACT OF JUNE 10, 1922 (42 STAT. 629), AND THE ADDITIONAL PAY OF $10 PER MONTH AUTHORIZED BY THE ACT OF AUGUST 18, 1941 (55 STAT. 627). THE FOLLOWING GROUPS OF ENLISTED MEN ARE AFFECTED:

A. MEN DISCHARGED FROM THE REGULAR ARMY AND REENLISTED IN THE ARMY OF THE UNITED STATES.

B. MEN ENLISTED IN AND DISCHARGED, OR RELEASED, FROM THE ARMY OF THE UNITED STATES AND REENLISTED IN THE ARMY OF THE UNITED STATES.

C. MEMBERS OF RESERVE COMPONENTS AND MEN INDUCTED UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, APPROVED SEPTEMBER 16, 1940 (54 STAT. 885), WHO HAVE BEEN DISCHARGED OR RELEASED AND REENLISTED IN THE ARMY OF THE UNITED STATES.

THE FIRST QUESTION ON WHICH YOUR DECISION IS REQUESTED CONCERNS THE RIGHT OF THESE MEN TO THE ENLISTMENT ALLOWANCE. IN YOUR DECISION OF DECEMBER 22, 1941, B-21629, IT WAS HELD IN PART THAT:

"THE ENLISTMENT ALLOWANCE AUTHORIZED IN SECTION 9 OF THE ACT OF JUNE 10, 1922, IS PAYABLE ONLY UPON A REENLISTMENT FOLLOWING AN ENLISTMENT IN THE REGULAR SERVICE AND IS NOT PAYABLE ON AN ORIGINAL ENLISTMENT IN THE REGULAR ARMY FOLLOWING COMPLETION OF AN ENLISTMENT IN A RESERVE COMPONENT THEREOF. * * * THE PROVISION FOR AN ENLISTMENT ALLOWANCE IS AN INDUCEMENT FOR MEN TO REENLIST IN THE REGULAR ARMY FROM WHICH HONORABLY DISCHARGED AND HAS NO REFERENCE TO SERVICE IN THE RESERVE COMPONENTS OF SUCH SERVICE.'

SINCE THE REENLISTMENTS REFERRED TO ABOVE ARE IN THE ARMY OF THE UNITED STATES, YOUR DECISION IS RESPECTFULLY REQUESTED ON THE QUESTION WHETHER MEMBERS OF GROUPS A AND B ARE ENTITLED TO RECEIVE THE ENLISTMENT ALLOWANCE UPON SUCH REENLISTMENT. YOUR DECISION OF DECEMBER 22, 1941, SUPRA, PRESUMABLY, COVERS THE CASE OF THE MEN IN GROUP C.

THE SECOND SET OF QUESTIONS ON WHICH YOUR DECISION IS REQUESTED CONCERNS THE ADDITIONAL PAY OF $10 PER MONTH AUTHORIZED BY THE ACT OF AUGUST 18, 1941, SUPRA. SECTION 8 (A) OF THIS ACT PROVIDED THAT:

"ANY PERSON INDUCTED INTO THE LAND OR NAVAL FORCES OF THE UNITED STATES FOR ACTIVE TRAINING AND SERVICE, UNDER SECTION 3 (B) OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940 SHALL, IN ADDITION TO THE AMOUNTS OTHERWISE PAYABLE TO SUCH PERSON WITH RESPECT TO SUCH TRAINING AND SERVICE, BE ENTITLED TO RECEIVE THE SUM OF $10 FOR EACH MONTH OF SUCH TRAINING AND SERVICE IN EXCESS OF TWELVE. THE PROVISIONS OF THIS SECTION SHALL ALSO APPLY (1) TO ANY ENLISTED PERSONNEL OF THE NATIONAL GUARD OF THE UNITED STATES OR OF ANY OTHER RESERVE COMPONENT OF THE ARMY OF THE UNITED STATES ORDERED INTO THE ACTIVE MILITARY SERVICE UNDER THE AUTHORITY OF PUBLIC RESOLUTION NUMBERED 96, APPROVED AUGUST 27, 1940, OR SECTION 37A OF THE NATIONAL DEFENSE ACT OF 1916, AS AMENDED, FOR ANY SUCH SERVICE SO RENDERED BY ANY SUCH PERSONNEL IN EXCESS OF TWELVE MONTHS, AND (2) TO ANY ENLISTED PERSONNEL OF THE REGULAR ARMY FOR EACH MONTH OF MILITARY SERVICE RENDERED BY HIM AFTER THE DATE OF ENACTMENT OF THIS JOINT RESOLUTION, AND AFTER HIS TOTAL MILITARY SERVICE (RENDERED BEFORE OR AFTER SUCH DATE) EXCEEDS TWELVE MONTHS.'

THE CLASSES OF PERSONS NAMED IN THE ACT ARE THOSE INDUCTED INTO THE SERVICE UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, SUPRA; THOSE ORDERED INTO ACTIVE MILITARY SERVICE UNDER AUTHORITY OF THE ACT OF AUGUST 27, 1940 (54 STAT. 858), OR SECTION 37A OF THE NATIONAL DEFENSE ACT, SUPRA (THE LATTER CITATION APPEARING TO BE ERRONEOUS); AND ENLISTED PERSONNEL OF THE REGULAR ARMY. THERE IS, HOWEVER, NO MENTION MADE OF MEN ENLISTED IN THE ARMY OF THE UNITED STATES. THE SECOND SET OF QUESTIONS, THEREFORE, ON WHICH YOUR DECISION IS REQUESTED ARE:

A. ARE THE MEN IN GROUPS A, B, AND C IN THE SECOND PARAGRAPH ABOVE ENTITLED TO THE ADDITIONAL $10 PER MONTH UPON COMPLETION OF TWELVE MONTHS' SERVICE?

B. IF THEY ARE SO ENTITLED, WHAT SERVICE MAY BE COUNTED?

IN CONNECTION WITH THE SECOND SET OF QUESTIONS, THERE IS ENCLOSED A COPY OF AN OPINION RENDERED BY THE JUDGE ADVOCATE GENERAL OF THE ARMY UNDER DATE OF JANUARY 22, 1942. IT WILL BE APPRECIATED IF AN EARLY DECISION CAN BE RENDERED IN THE PREMISES, AS THE WAR DEPARTMENT HAS RECEIVED NUMEROUS INQUIRIES RELATIVE TO THESE QUESTIONS.

SECTION 1 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED, INCLUDING SECTION 3 OF PUBLIC LAW 338, APPROVED DECEMBER 13, 1941, 55 STAT. 800, PROVIDES:

THAT THE ARMY OF THE UNITED STATES SHALL CONSIST OF THE REGULAR ARMY, THE NATIONAL GUARD OF THE UNITED STATES, THE NATIONAL GUARD WHILE IN THE SERVICE OF THE UNITED STATES, THE OFFICERS' RESERVE CORPS, THE ORGANIZED RESERVES, AND THE ENLISTED RESERVE CORPS, AND SHALL INCLUDE PERSONS INDUCTED INTO THE LAND FORCES OF THE UNITED STATES UNDER PUBLIC, NUMBERED 783, SEVENTY-SIXTH CONGRESS (THE SELECTIVE TRAINING AND SERVICE ACT OF 1940), AS AMENDED.

THE EFFECT OF THE ACT OF MAY 14, 1940, 54 STAT. 213 (AMENDING SECTION 127A OF THE NATIONAL DEFENSE ACT), 10 U.S.C. 634, IS TO ESTABLISH ONE ARMY FOR THE UNITED STATES IRRESPECTIVE OF THE FACT THAT IT IS COMPOSED OF VARIOUS COMPONENTS WITH SPECIFIC DESIGNATION, AND IN TIME OF WAR TO REQUIRE THAT ENLISTMENTS SHALL BE IN THE ARMY OF THE UNITED STATES AND NOT IN ANY PARTICULAR COMPONENT THEREOF.

SECTION 2 OF PUBLIC LAW 338, APPROVED DECEMBER 13, 1941, 55 STAT. 800, IS AS FOLLOWS:

THE PERIODS OF SERVICE, TRAINING AND SERVICE, ENLISTMENT, APPOINTMENT, OR COMMISSION, OF ALL MEMBERS OF THE ARMY OF THE UNITED STATES NOW OR HEREAFTER IN OR SUBJECT TO ACTIVE MILITARY SERVICE OF THE UNITED STATES ARE EXTENDED FOR THE PERIOD STATED IN THE PRECEDING SECTION (DURING THE EXISTENCE OF ANY WAR IN WHICH THE UNITED STATES IS ENGAGED, AND DURING THE SIX MONTHS IMMEDIATELY FOLLOWING THE TERMINATION OF ANY SUCH WAR): PROVIDED, THAT NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE PRESIDENT FROM TERMINATING SUCH PERIODS OF SERVICE, TRAINING AND SERVICE, ENLISTMENT, APPOINTMENT, OR COMMISSION AT AN EARLIER DATE IN ANY CASE.

THE FOREGOING STATUTORY PROVISIONS DO NOT CONTEMPLATE, AS A NORMAL PROPOSITION IN TIME OF WAR, THAT ENLISTED MEN WILL BE DISCHARGED FROM EITHER THE REGULAR ARMY OR THE ARMY OF THE UNITED STATES AND IMMEDIATELY, OR WITHIN A SHORT TIME THEREAFTER, REENLIST IN THE ARMY OF THE UNITED STATES. BUT, IN VIEW OF YOUR QUESTIONS, IT WILL BE ASSUMED THAT PROPER CASES WILL ARISE INVOLVING SUCH REENLISTMENTS.

SECTION 9 OF THE ACT OF JUNE 10, 1922, 42 STAT. 629, 10 U.S.C. 633, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

* * * ON AND AFTER JULY 1, 1922, AN ENLISTMENT ALLOWANCE EQUAL TO $50, MULTIPLIED BY THE NUMBER OF YEARS SERVED IN THE ENLISTMENT PERIOD FROM WHICH HE HAS LAST BEEN DISCHARGED, SHALL BE PAID TO EVERY HONORABLY DISCHARGED ENLISTED MAN OF THE FIRST THREE GRADES WHO REENLISTS WITHIN A PERIOD OF THREE MONTHS FROM THE DATE OF HIS DISCHARGE, AND AN ENLISTMENT ALLOWANCE OF $25, MULTIPLIED BY THE NUMBER OF YEARS SERVED IN THE ENLISTMENT PERIOD FROM WHICH HE HAS LAST BEEN DISCHARGED, SHALL BE PAID TO EVERY HONORABLY DISCHARGED ENLISTED MAN OF THE OTHER GRADES WHO REENLISTS WITHIN A PERIOD OF THREE MONTHS FROM THE DATE OF HIS DISCHARGE. * * *

OF COURSE, THIS STATUTE CONTEMPLATES VOLUNTARY ENLISTMENTS NOT COMPULSORY SERVICE AS, FOR EXAMPLE, UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, 54 STAT. 885. IN THE DECISION OF DECEMBER 22, 1941, B-21629, 21 COMP. GEN. 603, THIS PROVISION WAS HELD NOT TO AUTHORIZE PAYMENT OF THE REENLISTMENT ALLOWANCE TO ONE ENTERING INTO AN ORIGINAL ENLISTMENT IN THE REGULAR ARMY FOLLOWING COMPLETION OF AN ENLISTMENT IN A RESERVE COMPONENT OF THE ARMY OF THE UNITED STATES, AND YOU ARE CORRECT IN YOUR PRESUMPTION THAT THE RULE OF THAT DECISION IS CONTROLLING OF YOUR QUESTION REGARDING THE RIGHT TO REENLISTMENT ALLOWANCE OF RESERVISTS AND SELECTEES WHO HAVE BEEN DISCHARGED OR RELEASED AND THEN ENLISTED DIRECTLY IN THE ARMY OF THE UNITED STATES. IN OTHER WORDS, THE REENLISTMENT ALLOWANCE AUTHORIZED BY SECTION 9 OF THE ACT OF JUNE 10, 1922, IS NOT PAYABLE TO FORMER MEMBERS OF RESERVE COMPONENTS, AND MEN WHO HAD BEEN INDUCTED UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, WHO WERE DISCHARGED OR RELEASED FROM ACTIVE SERVICE AND THEN BROUGHT INTO SERVICE IN THE ARMY OF THE UNITED STATES WHETHER ACTUALLY BY VOLUNTARY ENLISTMENT OR PURSUANT TO THE SELECTIVE TRAINING AND SERVICE ACT. HOWEVER, THOSE MEN WHO REENLISTED IN THE ARMY OF THE UNITED STATES IN TIME OF "WAR OR OTHER EMERGENCY DECLARED BY CONGRESS" AS PROVIDED BY SECTION 127A OF THE NATIONAL DEFENSE ACT, AS AMENDED, AFTER DISCHARGE FROM AN ENLISTMENT IN THE REGULAR ARMY, IF SUCH DISCHARGE AND REENLISTMENT IS POSSIBLE, WOULD APPEAR TO BE WITHIN THE SCOPE OF THE PROVISIONS OF SECTION 9, QUOTED ABOVE, AND, OTHER CONDITIONS BEING MET, ENTITLED TO ENLISTMENT ALLOWANCE THEREUNDER. BUT WHERE THE ENLISTED MAN WAS IN THE ARMY OF THE UNITED STATES AND NOT IN THE COMPONENT DESIGNATED AS THE REGULAR ARMY, WAS THEREAFTER DISCHARGED FROM THE ARMY OF THE UNITED STATES AND SUBSEQUENTLY ENLISTED IN THE ARMY OF THE UNITED STATES, HE IS NOT ENTITLED TO THE ENLISTMENT ALLOWANCE, FOR AS STATED ABOVE THE PROVISION IS FOR DISCHARGE FROM AN ENLISTMENT IN THE REGULAR ARMY OF THE UNITED STATES AND IF THE ENLISTMENT WAS IN THE ARMY OF THE UNITED STATES THE STATUTE DOES NOT APPLY.

THE LEGISLATIVE HISTORY OF SECTION 8 (A) OF THE SERVICE EXTENSION ACT OF 1941 CLEARLY SHOWS THAT THE CONGRESS DID NOT INTEND TO EXCLUDE ANY CLASS OF ENLISTED MEN OF THE ARMY OF THE UNITED STATES FROM PARTICIPATION IN THE ADDITIONAL PAYMENTS AUTHORIZED BY THE SECTION. ACCORDINGLY, IF THE MAN IS BROUGHT INTO THE SERVICE UNDER THE SELECTIVE TRAINING AND SERVICE ACT OR UNDER THE PROVISIONS OF PUBLIC RESOLUTION NO. 96 OF AUGUST 27, 1940, 54 STAT. 858, HE WILL BE ENTITLED TO $10 PER MONTH ADDITIONAL AFTER 12 MONTHS OF ACTIVE SERVICE, NOTWITHSTANDING THERE HAS BEEN A BREAK IN HIS SERVICE AND A REENTRY INTO THE SERVICE, THE TOTAL OF SUCH ACTIVE SERVICE FOLLOWING THE INITIAL ENTRY INTO THE SERVICE UNDER EITHER OF THOSE ACTS TO BE COUNTED. WHERE THE MAN WAS ACTUALLY ENLISTED IN THE REGULAR ARMY AND HIS ENLISTMENT WAS TREATED AS ONE IN THE ARMY OF THE UNITED STATES ON AND AFTER DECEMBER 8, 1941, IF HE HAD THEN COMPLETED 12 MONTHS' SERVICE IN THE REGULAR ARMY, HE WILL BE ENTITLED TO THE ADDITIONAL PAYMENT OF $10 PER MONTH WHEN HIS TOTAL SERVICE IN THE REGULAR ARMY AND SERVICE IN THE ARMY OF THE UNITED STATES WHICH IS CONTINUOUS THEREWITH, EQUALS 12 MONTHS. SUCH A MAN IS DISCHARGED FROM THE ARMY OF THE UNITED STATES AND REENLISTED THEREIN, HAVING COMPLETED MORE THAN 12 MONTHS' SERVICE IN THE REGULAR ARMY; OR IN THE REGULAR ARMY, AND THE ARMY OF THE UNITED STATES FOLLOWING DECEMBER 8, 1941, HE WILL BE ENTITLED ON SUCH REENLISTMENT IN THE ARMY OF THE UNITED STATES TO THE ADDITIONAL PAYMENT OF $10 PER MONTH. AS TO ENLISTED MEN DISCHARGED FROM THE REGULAR ARMY PRIOR TO DECEMBER 8, 1941, WHO HAVE ENLISTED IN THE ARMY OF THE UNITED STATES SUBSEQUENT TO DECEMBER 8, 1941, AND WHO DO NOT FALL WITHIN EITHER OF THE OTHER TWO CLASSES SPECIFIED IN SECTION 8 OF THE SERVICE EXTENSION ACT OF 1941--- THAT IS, SELECTEES AND PERSONS BROUGHT INTO THE MILITARY SERVICE OF THE UNITED STATES UNDER PUBLIC RESOLUTION NO. 96 OF AUGUST 27, 1940--- THEY WILL BE ENTITLED TO THE $10 PER MONTH ADDITIONAL PAY WHEN THE TOTAL OF THEIR SERVICE AUTHORIZED TO BE COUNTED FOR THIS PURPOSE BY ENLISTED MEN OF THE REGULAR ARMY EQUALS 12 MONTHS.