B-54632, JANUARY 23, 1946, 25 COMP. GEN. 543

B-54632: Jan 23, 1946

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THE ENLISTMENT ALLOWANCE OF PERSONS WHO HAVE BEEN PAID A PREVIOUS ENLISTMENT ALLOWANCE AND WHO ENLIST OR REENLIST IN THE REGULAR NAVY ON OR AFTER FEBRUARY 1. IS FOR COMPUTATION ON THE BASIS OF ALL CONTINUOUS ACTIVE FEDERAL SERVICE PERFORMED SINCE PAYMENT OF THE LAST PREVIOUS ENLISTMENT ALLOWANCE OTHERWISE WAS DUE AND PAYABLE. - NOT THE DATE PAYMENT ACTUALLY WAS EFFECTED. THE ENLISTMENT ALLOWANCE OF SUCH PERSONS WHO HAVE NOT BEEN PAID A PREVIOUS ENLISTMENT ALLOWANCE IS FOR COMPUTATION ON THE BASIS OF ALL SUCH SERVICE PERFORMED IMMEDIATELY PRECEDING SUCH ENLISTMENT OR REENLISTMENT. IS AUTHORIZED TO BE COUNTED AS A PERIOD OF "CONTINUOUS ACTIVE FEDERAL ERVICE" IN COMPUTING THE ENLISTMENT ALLOWANCE.

B-54632, JANUARY 23, 1946, 25 COMP. GEN. 543

ENLISTMENT ALLOWANCE COMPUTATION PURSUANT TO ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945 UNDER THE PROVISIONS OF SECTION 8 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945, THE ENLISTMENT ALLOWANCE OF PERSONS WHO HAVE BEEN PAID A PREVIOUS ENLISTMENT ALLOWANCE AND WHO ENLIST OR REENLIST IN THE REGULAR NAVY ON OR AFTER FEBRUARY 1, 1945, IS FOR COMPUTATION ON THE BASIS OF ALL CONTINUOUS ACTIVE FEDERAL SERVICE PERFORMED SINCE PAYMENT OF THE LAST PREVIOUS ENLISTMENT ALLOWANCE OTHERWISE WAS DUE AND PAYABLE--- NOT THE DATE PAYMENT ACTUALLY WAS EFFECTED; AND THE ENLISTMENT ALLOWANCE OF SUCH PERSONS WHO HAVE NOT BEEN PAID A PREVIOUS ENLISTMENT ALLOWANCE IS FOR COMPUTATION ON THE BASIS OF ALL SUCH SERVICE PERFORMED IMMEDIATELY PRECEDING SUCH ENLISTMENT OR REENLISTMENT. NO PART OF THE 90-DAY GRACE PERIOD GRANTED BY SECTION 8 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945, DURING WHICH AN ENLISTED MAN MAY REENLIST AND BE PAID THE AUTHORIZED ENLISTMENT ALLOWANCE, IS AUTHORIZED TO BE COUNTED AS A PERIOD OF "CONTINUOUS ACTIVE FEDERAL ERVICE" IN COMPUTING THE ENLISTMENT ALLOWANCE, NOTWITHSTANDING THAT SUCH PERIOD IS NOT TO BE REGARDED AS BREAKING THE CONTINUITY OF SERVICE SO AS TO CUT OFF CREDIT FOR PRIOR ACTUAL SERVICE. WHILE THE PAYMENT OF ENLISTMENT ALLOWANCES WAS SUSPENDED BY VARIOUS APPROPRIATION ACTS DURING THE PERIOD JULY 1, 1933, TO JUNE 30, 1939, IN COMPUTING THE ENLISTMENT ALLOWANCE, PURSUANT TO SECTION 8 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945, OF AN ENLISTED MAN WHO REENLISTED IN THE REGULAR NAVY SUBSEQUENT TO FEBRUARY 1, 1945, THERE MAY BE INCLUDED "ALL CONTINUOUS ACTIVE FEDERAL SERVICE" FROM THE TIME HIS LAST ENLISTMENT ALLOWANCE WAS PAYABLE ( MARCH 30, 1931) TO THE DATE OF SUCH REENLISTMENT, THAT IS, SERVICE DURING SAID SUSPENSION PERIOD AND SERVICE DURING AN ARBITRARY EXTENSION OF HIS ENLISTMENT PURSUANT TO THE ACT OF DECEMBER 13, 1941, WHEN THE MAN WAS IN A MISSING OR PRISONER OF WAR STATUS. A FRACTIONAL PART OF A YEAR'S SERVICE MAY NOT BE INCLUDED IN THE COMPUTATION OF ENLISTMENT ALLOWANCE PURSUANT TO SECTION 8 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945. IN COMPUTING THE ENLISTMENT ALLOWANCE, PURSUANT TO SECTION 8 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945, OF AN ENLISTED MAN UPON HIS ENLISTMENT IN THE REGULAR NAVY FOLLOWING A PERIOD OF ENLISTMENT AND ONE EXTENSION THEREOF IN THE NAVAL RESERVE, THERE MAY BE INCLUDED ALL CONTINUOUS ACTIVE SERVICE IN THE NAVAL RESERVE. UNDER SECTION 8 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945 AUTHORIZING "ALL CONTINUOUS ACTIVE FEDERAL SERVICE * * * THE NAVY, MARINE CORPS, OR COAST GUARD, OR ANY RESERVE COMPONENT THEREOF" TO BE CREDITED AS ACTIVE ENLISTED SERVICE FOR ENLISTMENT ALLOWANCE PURPOSES UPON ENLISTMENT OR REENLISTMENT IN THE REGULAR NAVY ON OR AFTER FEBRUARY 1, 1945, A MAN WHO ENLISTED IN THE REGULAR NAVY UPON DISCHARGE FROM THE COAST GUARD PRIOR TO SAID ACT WHEN NO ENLISTMENT ALLOWANCE WAS PAYABLE UPON SUCH ENLISTMENT ON THE BASIS OF COAST GUARD SERVICE AND WHO REENLISTED IN THE REGULAR NAVY SUBSEQUENT TO SAID DATE IS ENTITLED TO AN ENLISTMENT ALLOWANCE COMPUTED ON HIS COAST GUARD AND REGULAR NAVY SERVICE. EVEN THOUGH AN ENLISTMENT ALLOWANCE WAS NOT PAID AN ENLISTED MAN OF THE REGULAR NAVY FOR A REENLISTMENT ON MARCH 1, 1935, OR FOR AN EXTENSION THEREOF ON MARCH 1, 1939, DUE TO SUSPENSION OF SUCH PAYMENTS DURING THE FISCAL YEARS 1933 THROUGH 1939, OR FOR A REENLISTMENT IN 1942 WHILE HOLDING A TEMPORARY COMMISSION UNDER THE ACT OF JULY 24, 1941, AS AMENDED, ALL SUCH CONTINUOUS ACTIVE SERVICE, INCLUDING TEMPORARY COMMISSIONED SERVICE, MAY BE COUNTED IN COMPUTING ENLISTMENT ALLOWANCE, PURSUANT TO SECTION 8 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945, UPON HIS REENLISTMENT IN THE REGULAR NAVY ON OR AFTER FEBRUARY 1, 1945. UNDER SECTION 8 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945, IT IS IMMATERIAL WHETHER THE PRIOR "CONTINUOUS ACTIVE FEDERAL SERVICE" FOR REENLISTMENT ALLOWANCE PURPOSES CONSISTS OF ACTIVE SERVICE IN THE REGULAR NAVY, A RESERVE COMPONENT, OR A COMBINATION THEREOF, SO LONG AS THERE HAVE BEEN NO INTERRUPTIONS OF MORE THAN 90 DAYS BETWEEN PERIODS OF SUCH SERVICE, AND, THEREFORE, THE FACT THAT AN ENLISTED MAN'S REENLISTMENT IN THE REGULAR NAVY ON OR AFTER FEBRUARY 1, 1945, WAS NOT ACCOMPLISHED UNTIL AFTER 3 MONTHS FROM THE DATE OF HIS TRANSFER TO THE FLEET RESERVE WOULD NOT AFFECT HIS RIGHT TO THE ENLISTMENT ALLOWANCE. THE PROVISIONS OF SECTION 8 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945, APPROVED OCTOBER 6, 1945, HAVING BEEN MADE RETROACTIVE IN EFFECT WITH RESPECT TO ALL ENLISTMENTS OR REENLISTMENTS IN THE REGULAR NAVY ON OR AFTER FEBRUARY 1, 1945, THE FACT THAT AN ENLISTMENT ALLOWANCE FOR AN ENLISTMENT ENTERED INTO ON OR AFTER THAT DATE MAY HAVE BEEN PAID PRIOR TO THE ENACTMENT OF THE ACT WOULD NOT AFFECT THE ENLISTED MAN'S RIGHT TO THE INCREASED BENEFITS PROVIDED UNDER SAID ACT. ACTIVE SERVICE AS AN APPOINTED NAVAL AVIATION CADET MAY BE REGARDED AS "ACTIVE FEDERAL SERVICE" IN THE NAVY FOR THE PURPOSE OF COMPUTING AN ENLISTMENT ALLOWANCE, PURSUANT TO SECTION 8 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945, UPON ENLISTMENT IN THE REGULAR NAVY SUBSEQUENT TO FEBRUARY 1, 1945, IRRESPECTIVE OF WHETHER SUCH SERVICE BE CONSIDERED AS HAVING MORE THE ATTRIBUTES OF COMMISSIONED OR ENLISTED SERVICE.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, JANUARY 23, 1946:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF DECEMBER 18, 1945 (FILE JAG:II:WJG:Z L16-4/MM), REQUESTING DECISION ON SEVEN QUESTIONS RELATIVE TO THE ENLISTMENT ALLOWANCE PROPERLY PAYABLE UNDER SECTION 8 OF THE ACT OF OCTOBER 6, 1945, PUBLIC LAW 190, 59 STAT. 541, TO NAVAL PERSONNEL UNDER THE CONDITIONS SET FORTH IN AN ENCLOSURE DATED DECEMBER 13, 1945, FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, IN PART AS FOLLOWS:

REF: (A) ACT OF AUGUST 22, 1912 (37 STAT. 331) (34 U.S.C. 184).

(B) SECTION 18 OF THE TREASURY-POST OFFICE APPROPRIATION ACT

FOR THE FISCAL YEAR 1933 (47 STAT. 1519).

(C) DECISION OF COMPTROLLER GENERAL B-5467, DATED AUGUST 18,

1939 (19 COMP. GEN. 229).

(D) ACT OF JULY 24, 1941 (55 STAT. 603) (34 U.S.C. 350A).

(E) ACT OF DECEMBER 13, 1941 (55 STAT. 799) (34 U.S.C.

201B).

(F) DECISION OF COMPTROLLER GENERAL B-24219, DATED MAY 7, 1942

(21 COMP. GEN. 991).

(G) DECISION OF COMPTROLLER GENERAL B-24219, DATED DECEMBER

19, 1942 (22 COMP. GEN. 548).

(H) ALNAV 290 DATED DECEMBER 31, 1942.

(I) DECISION OF COMPTROLLER GENERAL B-33721, DATED JULY 20,

1943 (23 COMP. GEN. 37).

(J) DECISION OF COMPTROLLER GENERAL B-40140, DATED JUNE 3,

1944 (23 COMP. GEN. 914).

(K) PARAGRAPH 4, SECTION 10, OF THE PAY READJUSTMENT ACT OF

1942.

(L) SECTION 8 OF PUBLIC LAW 421, 78TH CONGRESS, APPROVED

SEPTEMBER 7, 1944.

(M) SECTION 8 OF PUBLIC LAW 190, 79TH CONGRESS, APPROVED

OCTOBER 6, 1945.

1. SECTION 1 OF REFERENCE (A), AUTHORIZING EXTENSIONS OF ENLISTMENTS IN THE NAVY, PROVIDES, INTER ALIA, THAT:

"* * * SUCH ENLISTED MEN AS EXTEND THE TERM OF ENLISTMENT AS AUTHORIZED IN THIS SECTION SHALL BE ENTITLED TO AND SHALL RECEIVE THE SAME PAY AND ALLOWANCES IN ALL RESPECTS AS THOUGH REGULARLY DISCHARGED AND REENLISTED IMMEDIATELY UPON EXPIRATION OF THEIR TERM OF ENLISTMENT, AND SUCH EXTENSION SHALL NOT OPERATE TO DEPRIVE THEM UPON DISCHARGE AT THE TERMINATION THEREOF OF ANY RIGHT, PRIVILEGE, OR BENEFIT TO WHICH THEY WOULD BE ENTITLED AT THE EXPIRATION OF THE FORMER TERM OF ENLISTMENT.'

BY REASON OF THE PROVISIONS OF LAW QUOTED ABOVE, THE COMPTROLLER GENERAL HAS CONSISTENTLY RECOGNIZED SINCE 1922 THAT AN EXTENSION OF ENLISTMENT FOR AN AGGREGATE OF TWO OR MORE YEARS IN THE EQUIVALENT OF A DISCHARGE AND IMMEDIATE REENLISTMENT FOR THE PURPOSE OF DETERMINING ENTITLEMENT TO OTHERWISE PROPER PAYMENT OF TRAVEL ALLOWANCE AND REENLISTMENT ALLOWANCE. HOWEVER, A CONTRARY RULING HAS GOVERNED IN CERTAIN OTHER INSTANCES WHICH INVOLVED THE QUESTION WHETHER AN EXTENSION OF AN ENLISTMENT CONSTITUTED A DISCHARGE AND IMMEDIATE REENLISTMENT INSOFAR AS SUCH VOLUNTARY ACTS ON THE PART OF THE MAN AFFECTED REPAYMENT OF SAVINGS DEPOSITS, OR AUTOMATIC REMISSION OF UNLIQUIDATED PORTION OF A SENTENCE OF COURT-MARTIAL IMPOSING LOSS OF PAY. IN 6 COMP. GEN. 221 IT WAS STATED THAT AN AGREEMENT TO EXTEND A THEN EXISTING TERM OF ENLISTMENT IS NOT A CONTRACT FOR A NEW ENLISTMENT BUT A PROLONGATION OF THE CURRENT CONTRACT OF ENLISTMENT, AND CONSTITUTES A PART THEREOF. SEE ALSO 19 COMP. DEC. 384.

2. THE FOLLOWING SHOWS THE EVOLUTION OF THE STATUTORY AUTHORIZATION GOVERNING THE PAYMENT OF ENLISTMENT ALLOWANCE SINCE JUNE 1, 1942. PARAGRAPH 4 OF SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, WHICH REENACTED, IN SUBSTANTIALLY THE SAME FORM, A SIMILAR AUTHORIZATION IN THE ACT OF JUNE 10, 1922 FOR PAYMENT OF SUCH ALLOWANCE, PROVIDES FOR PAYMENT OF ENLISTMENT ALLOWANCE TO HONORABLY DISCHARGED MEN REENLISTING WITHIN THREE MONTHS OF LAST DISCHARGE, THE AMOUNT PAYABLE TO BE COMPUTED ON THE BASIS OF A SPECIFIED RATE, CONTINGENT UPON THE ENLISTMENT PERIOD FROM WHICH HE HAD BEEN LAST DISCHARGED. PARAGRAPH 4 OF SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942 WAS FIRST AMENDED BY SECTION 8 OF THE ACT OF SEPTEMBER 7, 1944, FOR THE PURPOSE OF AUTHORIZING UNDER THE CONDITIONS SET FORTH THEREIN, PAYMENT OF ENLISTMENT ALLOWANCE TO MEMBERS OF THE NAVAL RESERVE WHO, ON AND AFTER OCTOBER 1, 1944, ENLISTED IN THE REGULAR NAVY WITHIN THREE MONTHS OF DISCHARGE FROM THE NAVAL RESERVE. PAYMENT OF THIS ALLOWANCE HAD BEEN DENIED SUCH MEN BY DECISIONS OF THE COMPTROLLER GENERAL (SEE COMP. GEN. A-22278, DATED JUNE 7, 1928; COMP. GEN. B-10512, DATED JUNE 17, 1940). THE FOLLOWING PARAGRAPH, ADDED TO SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942 BY SECTION 8 OF THE ACT OF OCTOBER 6, 1945, GOVERNS THE COMPUTATION OF ENLISTMENT ALLOWANCE PAYABLE TO PERSONS ENLISTED OR REENLISTED IN THE REGULAR NAVY ON AND AFTER FEBRUARY 1, 1945:

"THE AMOUNT OF THE ENLISTMENT ALLOWANCE PAYABLE TO PERSONS ENLISTED OR REENLISTED * * * IN THE REGULAR NAVAL ESTABLISHMENT ON OR AFTER FEBRUARY 1, 1945, SHALL BE COMPUTED AT THE RATE PRESCRIBED FOR ENLISTED MEN OF THE FIRST THREE PAY GRADES. FOR THE PURPOSE OF DETERMINING THE ELIGIBILITY OF ANY PERSON ENLISTED OR REENLISTED * * * IN THE REGULAR NAVAL ESTABLISHMENT ON OR AFTER FEBRUARY 1, 1945, TO RECEIVE THE ENLISTMENT ALLOWANCE AND IN COMPUTING THE AMOUNT THEREOF, ALL CONTINUOUS ACTIVE FEDERAL SERVICE * * * IN THE NAVY, MARINE CORPS, OR COAST GUARD OR ANY RESERVE COMPONENT THEREOF (IF ENLISTED OR REENLISTED IN THE REGULAR NAVAL ESTABLISHMENT), WHETHER IN ENLISTED GRADES OR IN COMMISSIONED, COMMISSIONED WARRANT, OR WARRANT GRADES, SHALL, IF HONORABLY PERFORMED SUBSEQUENT TO THE PAYMENT OF THE LAST PREVIOUS ENLISTMENT ALLOWANCE BE CREDITED AS A PERIOD OF ACTIVE ENLISTED SERVICE. IN DETERMINING WHETHER ACTIVE FEDERAL SERVICE IS CONTINUOUS, ANY INTERRUPTIONS, IF NOT MORE THAN NINETY DAYS EACH, BETWEEN PERIODS OF SUCH SERVICE SHALL BE DISREGARDED.' ( ITALICS SUPPLIED.)

3. IT WILL BE NOTED THAT THE QUOTED PARAGRAPH STATES THAT FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR ENLISTMENT ALLOWANCE AND FOR COMPUTING AMOUNT OF ENLISTMENT ALLOWANCE PAYABLE AS THE RESULT OF SUCH ELIGIBILITY, ALL CONTINUOUS ACTIVE FEDERAL SERVICE IN THE NAVY, MARINE CORPS, OR COAST GUARD, OR ANY RESERVE COMPONENT THEREOF, HONORABLY PERFORMED SUBSEQUENT TO PAYMENT OF LAST PREVIOUS ENLISTMENT ALLOWANCE SHALL BE CREDITED, WITH THE PROVISO THAT A BREAK OF 90 DAYS OR LESS SHALL BE DISREGARDED IN DETERMINING THE CONTINUITY OF SUCH SERVICE. THE 90-DAY PROVISO IN THE ADDED PARAGRAPH, INSOFAR AS IT RELATES TO CONTINUITY OF SERVICE, IS CONSONANT WITH THE THREE MONTHS' PROVISION IN PARAGRAPH 4 OF SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942. HOWEVER, THE PERIOD OF SERVICE CREDITABLE UNDER THE ADDED PARAGRAPH FOR THE PURPOSE OF COMPUTING ENLISTMENT ALLOWANCE PAYABLE RETROJECTS TO DATE OF LAST PAYMENT OF PREVIOUS ENLISTMENT ALLOWANCE RATHER THAN DATE OF DISCHARGE FROM LAST ENLISTMENT PERIOD. IN VIEW OF THE ITALICIZED WORDING, CERTAIN QUESTIONS AS SET FORTH BELOW WITH PERTINENT COMMENTS, HAVE ARISEN ON WHICH A DECISION OF THE COMPTROLLER GENERAL IS DEEMED NECESSARY:

PAYMENT OF ENLISTMENT ALLOWANCE AUTHORIZED BY SECTION 9 OF THE ACT OF JUNE 10, 1922, WAS FIRST SUSPENDED BY REFERENCE (B), EFFECTIVE JULY 1, 1932, AS AN ECONOMY PROVISION; SUCH SUSPENSION WAS CONTINUED EACH SUCCEEDING FISCAL YEAR UNTIL JULY 1, 1939. IN REFERENCE (C) THE COMPTROLLER GENERAL STATED THAT THE REVIVAL OF THE PROVISIONS OF THE ENLISTMENT ALLOWANCE LAW DID NOT GIVE AN ENLISTED MAN A RIGHT TO ENLISTMENT ALLOWANCE FOR AN ENLISTMENT EXTENDED (EQUIVALENT TO A DISCHARGE FOR THE PURPOSE OF PAYMENT OF REENLISTMENT ALLOWANCE) WHEN THE LAW PROVIDING FOR PAYMENT OF AN ENLISTMENT ALLOWANCE WAS SUSPENDED. CONSEQUENTLY, IT WAS HELD THAT ALL EXTENSIONS MADE PRIOR TO JULY 1, 1939, WITH DISCHARGE THEREFROM AFTER JULY 1, 1939 AND REENLISTMENT WITHIN THREE MONTHS OF DISCHARGE, MUST BE TREATED AS THE "ENLISTED PERIOD FROM WHICH HE (THE ENLISTED MAN) WAS LAST DISCHARGED," WITHIN THE MEANING OF THAT TERM AS USED IN THE THEM EXISTING LAW AUTHORIZING PAYMENT OF ENLISTMENT ALLOWANCE, AND THAT NO PART OF THE ORIGINAL ENLISTMENT WHICH WAS EXTENDED PRIOR TO JULY 1, 1939 WAS PROPER FOR ADDING THERETO.

PRIOR TO OCTOBER 1, 1944, THERE WAS NO AUTHORIZATION FOR THE PAYMENT OF ENLISTMENT ALLOWANCE TO MEN WHO ENLISTED IN THE REGULAR NAVY WITHIN THREE MONTHS AFTER DISCHARGE FROM A NAVAL RESERVE ENLISTMENT IN WHICH A CONTINUOUS PERIOD OF ACTIVE DUTY IN EXCESS OF ONE YEAR OR MORE HAD BEEN PERFORMED. PRIOR TO FEBRUARY 1, 1945, THERE WAS NO AUTHORITY TO PAY ENLISTMENT ALLOWANCE TO ENLISTED MEN OF THE NAVY, MARINE CORPS AND COAST GUARD UNLESS THEY REENLISTED IN THE SAME BRANCH OF THE REGULAR ESTABLISHMENT WITHIN THREE MONTHS OF LAST DISCHARGE FROM THE SAME BRANCH (COMP. GEN. A-6549, DATED JANUARY 20, 1925). THESE FACTS, COUPLED WITH THE SUSPENSION OF PAYMENT OF ENLISTMENT ALLOWANCE DURING THE FISCAL YEARS 1933-1939, AFFECT THE PAYMENT OF ENLISTMENT ALLOWANCE UNDER SECTION 8 OF THE ACT OF OCTOBER 6, 1945 IN THE FOLLOWING CASES:

FOR THE PURPOSE OF CONVENIENCE THE QUESTIONS WILL BE CONSIDERED IN THE ORDER PRESENTED. QUESTIONS (A) AND (B) ARE AS FOLLOWS:

(A) MAN ENLISTED IN THE REGULAR NAVY FOR 4 YEARS ON MAY 5, 1935; EXTENDED ENLISTMENT FOR 3 YEARS EFFECTIVE MAY 5, 1939; WAS IN A MISSING OR PRISONER OF WAR STATUS FROM JANUARY 13, 1942 TO SEPTEMBER 15, 1945, DATE OF RETURN TO NAVAL JURISDICTION. SUCH EXTENSION OF ENLISTMENT ON NORMAL DATE OF EXPIRATION WAS ARBITRARILY EXTENDED BY REFERENCE (E), MAN WAS DISCHARGED ON OCTOBER 31, 1945 AND REENLISTED FOR 4 YEARS ON NOVEMBER 1, 1945. "LAST PAYMENT" OF ENLISTMENT ALLOWANCE WAS MADE ON MARCH 30, 1931, DATE ON WHICH HE REENLISTED UNDER A CONTRACT OF ENLISTMENT WHICH WAS TERMINATED ON JANUARY 29, 1931. IS THIS MAN ENTITLED, UNDER THE PROVISIONS OF REFERENCE (M), TO REENLISTMENT ALLOWANCE COMPUTED ON THE BASIS OF NET TIME SERVED FROM (L) MARCH 30, 1931 TO MARCH 29, 1935 AND MAY 5, 1935 TO OCTOBER 31, 1945, INCLUSIVE, OR (2) MAY 5, 1939 TO OCTOBER 31, 1945, INCLUSIVE?

(B) MAN ENLISTED AS APPRENTICE SEAMAN USNR ON OCTOBER 6, 1934, ENTERED ON ACTIVE DUTY AS STATION KEEPER AT N RESERVE AVIATION BASE, MINNEAPOLIS, MINNESOTA, ON SEPTEMBER 17, 1935 AND HAS BEEN ON CONTINUOUS ACTIVE DUTY SINCE THAT DATE. MAN EXTENDED ENLISTMENT FOR 4 YEARS EFFECTIVE OCTOBER 6, 1938, WAS DISCHARGED FROM SUCH EXTENDED ENLISTMENT PERIOD ON NOVEMBER 1, 1945 AND ENLISTED ON NOVEMBER 2, 1945 IN THE REGULAR NAVY. IS THIS MAN ENTITLED, UNDER THE PROVISIONS OF REFERENCE (M), TO ENLISTMENT ALLOWANCE BASED ON CONTINUOUS ACTIVE SERVICE FROM (1) SEPTEMBER 17, 1935 TO NOVEMBER 1, 1945, INCLUSIVE, OR (2) OCTOBER 6, 1938 TO NOVEMBER 1, 1945, INCLUSIVE?

SECTION 1 OF THE ACT OF AUGUST 18, 1941, 55 STAT. 629, 34 U.S.C. 181, PROVIDES IN PERTINENT PART AS FOLLOWS:

THAT HEREAFTER ENLISTMENTS IN THE NAVY AND MARINE CORPS MAY BE FOR MINORITY OR TERMS OF TWO, THREE, FOUR OR SIX YEARS, AND ALL LAWS NOW APPLICABLE TO FOUR-YEAR ENLISTMENTS SHALL APPLY, UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARY OF THE NAVY, TO ENLISTMENTS FOR A SHORTER OR LONGER PERIOD WITH PROPORTIONATE BENEFITS UPON DISCHARGE AND REENLISTMENT. * * *

SECTION 1 OF THE ACT OF DECEMBER 13, 1941, 55 STAT. 799, 34 U.S.C. 186, READS AS FOLLOWS:

THAT IN TIME OF WAR ALL ENLISTMENTS IN THE REGULAR NAVY, MARINE CORPS, AND COAST GUARD, AND IN THE RESERVE COMPONENTS THEREOF AS APPLICABLE, MAY BE EXTENDED BY THE SECRETARY OF THE NAVY FOR SUCH ADDITIONAL TIME AS HE MAY DEEM NECESSARY IN THE INTEREST OF NATIONAL DEFENSE: PROVIDED, THAT ALL MEN WHOSE TERMS OF ENLISTMENT ARE EXTENDED IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT SHALL CONTINUE DURING SUCH EXTENSIONS TO BE SUBJECT IN ALL RESPECTS TO THE LAWS AND REGULATIONS FOR THE GOVERNMENT OF THE NAVY: PROVIDED FURTHER, THAT MEN DETAINED IN SERVICE IN ACCORDANCE WITH THIS ACT SHALL, UNLESS THEY VOLUNTARILY EXTEND THEIR ENLISTMENTS, BE DISCHARGED NOT LATER THAN SIX MONTHS AFTER THE TERMINATION OF THE CONDITION WHICH ORIGINALLY AUTHORIZED THEIR DETENTION.

THE FOURTH PARAGRAPH OF SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 363, 364, AS ORIGINALLY ENACTED PROVIDES AS FOLLOWS:

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 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:PROVIDED, THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT AFFECT THE PROVISIONS OF THE ACT APPROVED AUGUST 18, 1941 ( PUBLIC LAW 215, SEVENTY-SEVENTH CONGRESS): PROVIDED FURTHER, THAT DURING THE PRESENT WAR AND FOR SIX MONTHS THEREAFTER THE PROVISIONS OF SECTION 2 OF THE ACT OF AUGUST 18, 1941 ( PUBLIC LAW 215, SEVENTY- SEVENTH CONGRESS) ARE HEREBY SUSPENDED. THE SAID PARAGRAPH WAS AMENDED, EFFECTIVE OCTOBER 1, 1944, BY SECTION 8 OF THE ACT OF SEPTEMBER 7, 1944, 58 STAT. 730, BY ADDING THERETO A PROVISO AS FOLLOWS:

PROVIDED FURTHER, THAT AN ENLISTMENT IN A BRANCH OF THE REGULAR SERVICE WITHIN THREE MONTHS FROM THE DATE OF DISCHARGE FROM ANY COMPONENT OF SUCH BRANCH, OTHER THAN ITS REGULAR ESTABLISHMENT, AFTER NOT LESS THAN ONE YEAR'S CONTINUOUS ACTIVE SERVICE IN SUCH COMPONENT OR COMPONENTS IMMEDIATELY PRECEDING THE DATE OF DISCHARGE THEREFROM, SHALL BE CONSIDERED A REENLISTMENT FOR THE PURPOSE OF PAYMENT OF THE ENLISTMENT ALLOWANCE PROVIDED BY THIS SECTION;,AND THE ENLISTMENT ALLOWANCE SHALL BE COMPUTED ON THE BASIS OF THE NUMBER OF FULL YEARS' CONTINUOUS ACTIVE SERVICE IMMEDIATELY PRECEDING THE DISCHARGE FROM SUCH COMPONENT.

THE SAID PARAGRAPH WAS FURTHER AMENDED BY SECTION 8 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945, APPROVED OCTOBER 6, 1945, 59 STAT. 541, BY INSERTING AFTER THE PARAGRAPH LAST ABOVE QUOTED A NEW PARAGRAPH READING AS FOLLOWS:

THE AMOUNT OF THE ENLISTMENT ALLOWANCE PAYABLE TO PERSONS ENLISTED OR REENLISTED IN THE REGULAR MILITARY ESTABLISHMENT ON OR AFTER JUNE 1, 1945, OR IN THE REGULAR NAVAL ESTABLISHMENT ON OR AFTER FEBRUARY 1, 1945, SHALL BE COMPUTED AT THE RATE PRESCRIBED FOR ENLISTED MEN OF THE FIRST THREE GRADES. FOR THE PURPOSE OF DETERMINING THE ELIGIBILITY OF ANY PERSON ENLISTED OR REENLISTED IN THE REGULAR MILITARY ESTABLISHMENT ON OR AFTER JUNE 1, 1945, OR IN THE REGULAR NAVAL ESTABLISHMENT ON OR AFTER FEBRUARY 1, 1945, TO RECEIVE THE ENLISTMENT ALLOWANCE, AND IN COMPUTING THE AMOUNT THEREOF, ALL CONTINUOUS ACTIVE FEDERAL SERVICE IN THE ARMY OF THE UNITED STATES, OR ANY COMPONENT THEREOF (IF ENLISTED OR REENLISTED IN THE REGULAR MILITARY ESTABLISHMENT), OR IN THE NAVY, MARINE CORPS, OR COAST GUARD, OR ANY RESERVE COMPONENT THEREOF (IF ENLISTED OR REENLISTED IN THE REGULAR NAVAL ESTABLISHMENT), WHETHER IN ENLISTED GRADES OR IN COMMISSIONED, COMMISSIONED WARRANT, OR WARRANT OFFICER GRADES, SHALL, IF HONORABLY PERFORMED SUBSEQUENT TO THE PAYMENT OF THE LAST PREVIOUS ENLISTMENT ALLOWANCE, BE CREDITED AS A PERIOD OF ACTIVE ENLISTED SERVICE. DETERMINING WHETHER ACTIVE FEDERAL SERVICE IS CONTINUOUS, ANY INTERRUPTIONS, OF NOT MORE THAN NINETY DAYS EACH, BETWEEN PERIODS OF SUCH SERVICE SHALL BE DISREGARDED.

IT WILL BE NOTED, AS POINTED OUT IN THE ENCLOSURE FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, THAT THE FOURTH PARAGRAPH OF THE PAY READJUSTMENT ACT, AS ORIGINALLY ENACTED, AUTHORIZED COMPUTATION OF ENLISTMENT ALLOWANCE ON THE BASIS OF THE "NUMBER OF YEARS SERVED IN THE ENLISTMENT PERIOD FROM WHICH HE HAS LAST BEEN DISCHARGED"--- WHICH IS THE IDENTICAL PROVISION CONTAINED IN SECTION 10 OF THE PRIOR ACT OF JUNE 10, 1922, 42 STAT. 630--- AND THAT SECTION 8 OF THE AMENDATORY ACT OF SEPTEMBER 7, 1944, SUPRA, RESPECTING THE ENLISTMENT ALLOWANCE PAYABLE TO MEMBERS OF THE RESERVE COMPONENTS ENLISTING IN THE REGULAR SERVICE, AUTHORIZES COMPUTATION OF SUCH ALLOWANCE ON THE BASIS OF "THE NUMBER OF FULL YEARS' CONTINUOUS ACTIVE SERVICE IMMEDIATELY PRECEDING THE DISCHARGE FROM SUCH COMPONENT.' HOWEVER, SECTION 8 OF THE ACT OF OCTOBER 6, 1945, SUPRA, EXPRESSLY AMENDED SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, BY ADDING A NEW PARAGRAPH THERETO RESPECTING THE BASIS OF COMPUTING THE ENLISTMENT ALLOWANCE PAYABLE, INTER ALIA, TO PERSONS ENLISTING OR REENLISTING IN THE REGULAR NAVAL ESTABLISHMENT ON OR AFTER FEBRUARY 1, 1945. THE SAID PARAGRAPH PROVIDES THAT SUCH PERSONS SHALL BE ENTITLED, IN COMPUTING THE ENLISTMENT ALLOWANCE PAYABLE, TO CREDIT FOR ALL CONTINUOUS ACTIVE FEDERAL SERVICE, WHETHER IN ENLISTED, WARRANT, COMMISSIONED WARRANT OR COMMISSIONED GRADES, IN THE NAVY, MARINE CORPS, OR COAST GUARD OR ANY RESERVE COMPONENT THEREOF (IF ENLISTED OR REENLISTED IN THE REGULAR NAVAL ESTABLISHMENT), AS A PERIOD OF ACTIVE ENLISTED SERVICE, IF HONORABLY PERFORMED SUBSEQUENT TO THE PAYMENT OF THE LAST PREVIOUS ENLISTMENT ALLOWANCE. HOWEVER, MANY MEMBERS OF THE REGULAR NAVY WILL NOT HAVE RECEIVED PAYMENT OF A PREVIOUS ENLISTMENT ALLOWANCE AT THE TIME OF THEIR REENLISTMENT IN THE REGULAR NAVY ON OR AFTER FEBRUARY 1, 1945. ALSO, A MAJORITY OF THE MEMBERS OF THE RESERVE COMPONENTS ENLISTING IN THE REGULAR NAVY ON OR AFTER SUCH DATE WILL NOT HAVE BEEN PAID A PREVIOUS ENLISTMENT ALLOWANCE AT THE TIME OF THEIR ENLISTMENT IN THE REGULAR NAVY.

AN EXAMINATION OF REPORT NO. 589, COMMITTEE ON MILITARY AFFAIRS, U.S. SENATE, TO ACCOMPANY H.R. 3951, WHICH BECAME THE ACT OF OCTOBER 6, 1945, EXPLAINS THE PURPOSE OF THE SAID SECTION 8 IN THAT RESPECT IN PERTINENT PART AS FOLLOWS:

* * * THIS SECTION FURTHER PROVIDES THAT IN DETERMINING THE ELIGIBILITY OF ANY PERSON ENLISTED OR REENLISTED IN THE REGULAR ARMY ON OR AFTER JUNE 1, 1945, OR IN THE REGULAR NAVY ON OR AFTER FEBRUARY 1, 1945, TO RECEIVE THE ENLISTMENT ALLOWANCE, AND IN COMPUTING THE AMOUNT THEREOF, CREDIT SHALL BE GIVEN FOR ALL PRIOR CONTINUOUS ACTIVE FEDERAL SERVICE (WHETHER COMMISSIONED, WARRANT, OR ENLISTED) FOR WHICH NO ENLISTMENT ALLOWANCE HAS PREVIOUSLY BEEN PAID. WHERE INTERRUPTIONS IN ACTIVE FEDERAL SERVICE DO NOT EXCEED 3 MONTHS, THE SERVICE PERFORMED IS DEEMED TO BE CONTINUOUS.

IT SEEMS REASONABLY CLEAR THAT THE SAID SECTION 8 CONTEMPLATES THAT THE ENLISTMENT ALLOWANCE OF PERSONS WHO HAVE BEEN PAID A PREVIOUS ENLISTMENT ALLOWANCE AND WHO ENLIST OR REENLIST IN THE REGULAR NAVAL ESTABLISHMENT ON OR AFTER FEBRUARY 1, 1945, WOULD BE COMPUTED ON THE BASIS OF ALL CONTINUOUS ACTIVE FEDERAL SERVICE HONORABLY PERFORMED SUBSEQUENT TO PAYMENT OF THE LAST PREVIOUS ENLISTMENT ALLOWANCE, THAT IS, ON THE BASIS OF ALL CONTINUOUS ACTIVE FEDERAL SERVICE PERFORMED SINCE PAYMENT OF THE LAST PREVIOUS ENLISTMENT ALLOWANCE OTHERWISE WAS DUE AND PAYABLE--- NOT THE DATE PAYMENT ACTUALLY WAS EFFECTED; AND, THAT THE ENLISTMENT ALLOWANCE OF PERSONS ENLISTING OR REENLISTING IN THE REGULAR NAVY ON OR AFTER SUCH DATE, WHO HAVE NOT BEEN PAID A PREVIOUS ENLISTMENT ALLOWANCE, WOULD BE COMPUTED ON THE BASIS OF ALL CONTINUOUS ACTIVE FEDERAL SERVICE HONORABLY PERFORMED IMMEDIATELY PRECEDING SUCH ENLISTMENT OR REENLISTMENT.

THE SERVICE AUTHORIZED TO BE CREDITED "AS A PERIOD OF ACTIVE ENLISTED SERVICE" IN COMPUTING THE AMOUNT OF THE ENLISTMENT ALLOWANCE UNDER THE SAID SECTION 8, IN THE CASE OF ENLISTMENTS OR REENLISTMENTS IN THE REGULAR NAVY, IS "ALL CONTINUOUS ACTIVE FEDERAL SERVICE" IN THE NAVY, MARINE CORPS OR COAST GUARD, OR ANY RESERVE COMPONENT THEREOF. THE LAST SENTENCE OF THE SAID SECTION 8 PROVIDES THAT " IN DETERMINING WHETHER ACTIVE FEDERAL SERVICE IS CONTINUOUS, ANY INTERRUPTIONS, OF NOT MORE THAN NINETY DAYS EACH, BETWEEN PERIODS OF SUCH SERVICE SHALL BE DISREGARDED.' IT WILL BE NOTED THAT THE SAID SECTION 8 DOES NOT PROVIDE THAT ANY INTERRUPTIONS OF NOT MORE THAN 90 DAYS EACH BETWEEN PERIODS OF ACTIVE FEDERAL SERVICE ARE TO BE CREDITED "AS A PERIOD OF ACTIVE ENLISTED SERVICE.' ON THE CONTRARY, APPARENTLY THE SAID LAST SENTENCE--- DISSOCIATED TO THAT EXTENT FROM THE PRECEDING PROVISION RESPECTING COMPUTATION--- MERELY CONTEMPLATES THAT SUCH INTERRUPTIONS IN SERVICE ARE NOT TO BE REGARDED AS AFFECTING THE CONTINUITY OF A PERSON'S ACTIVE FEDERAL SERVICE SO AS TO TOLL THE RIGHT TO COUNT ACTUAL SERVICE PRECEDING SUCH INTERRUPTIONS. THE ALLOWANCE OF SUCH 90 DAY GRACE PERIODS BETWEEN ACTUAL PERIODS OF ACTIVE SERVICE IS IN CONSONANCE WITH THE BASIC PROVISION IN THE STATUTE AUTHORIZING PAYMENT OF THE ALLOWANCE ONLY IN THOSE CASES WHERE THE MAN REENLISTS WITHIN 3 MONTHS. CLEARLY, NO PART OF SUCH 3 MONTHS' PERIOD INTERVENING BETWEEN DISCHARGE AND REENLISTMENT IS AUTHORIZED TO BE COUNTED AS A PERIOD OF ACTIVE SERVICE IN COMPUTING THE ENLISTMENT ALLOWANCE AND THERE APPEARS NO CONVINCING REASON TO ATTRIBUTE TO THE CONGRESS AN INTENT TO AUTHORIZE CREDITING TO PRIOR INTERVENING PERIODS OF NONSERVICE AS "ACTIVE ENLISTED SERVICE" IN COMPUTING THE ALLOWANCE, NOTWITHSTANDING THAT SUCH PERIODS ARE NOT TO BE REGARDED AS BREAKING THE CONTINUITY OF SERVICE SO AS TO CUT OFF CREDIT FOR PRIOR ACTUAL SERVICE.

WHILE THE PAYMENT OF ENLISTMENT ALLOWANCES WAS SUSPENDED BY VARIOUS APPROPRIATION ACTS DURING THE PERIOD JULY 1, 1933, TO JUNE 30, 1939 ( UNITED STATES V. DICKERSON, 310 U.S. 554), TIME SERVED DURING SUCH PERIOD UNDER AN ENLISTMENT ENTERED INTO DURING THAT PERIOD WHICH EXPIRED SUBSEQUENT TO JUNE 30, 1939, WAS AUTHORIZED TO BE COUNTED IN DETERMINING THE ENLISTMENT ALLOWANCE PAYABLE UPON REENLISTMENT FOLLOWING SUCH ENLISTMENT. ALSO, WHERE AN ENLISTMENT WAS EXTENDED PRIOR TO JULY 1, 1939, WITH EXPIRATION SUBSEQUENT TO THAT DATE, THE TIME SERVED UNDER THE EXTENSION--- NOT THE ORIGINAL ENLISTMENT--- COULD BE COUNTED IN COMPUTING THE ENLISTMENT ALLOWANCE PAYABLE UPON REENLISTMENT WITHIN 3 MONTHS OF DISCHARGE. 19 COMP. GEN. 229. HOWEVER THAT MAY BE, THE CURRENT STATUTORY PROVISION APPLICABLE TO PERSONS ENLISTING OR REENLISTING IN THE REGULAR NAVAL ESTABLISHMENT ON OR AFTER FEBRUARY 1, 1945, EXPRESSLY PROVIDES THAT "ALL CONTINUOUS ACTIVE FEDERAL SERVICE," AS THEREIN DEFINED, IN ANY OF THE MENTIONED SERVICES, IF HONORABLY PERFORMED SUBSEQUENT TO PAYMENT OF THE LAST PREVIOUS ENLISTMENT ALLOWANCE, SHALL BE CREDITED AS A PERIOD OF ACTIVE ENLISTED SERVICE IN DETERMINING ELIGIBILITY OF ANY PERSON TO RECEIVE THE ENLISTMENT ALLOWANCE AND IN COMPUTING THE AMOUNT THEREOF. THE SAID STATUTORY PROVISION CONTAINS NO LIMITATION WITH RESPECT TO THE MAXIMUM NUMBER OF YEARS' SERVICE THAT MAY BE SO CREDITED, OR THE MAXIMUM PAYMENT THAT MAY BE PAID IN ANY PARTICULAR CASE OTHERWISE WITHIN THE TERMS AND CONDITIONS SPECIFIED THEREIN.

IN VIEW OF THE FOREGOING, IT IS CONCLUDED THAT AS THE ENLISTED MAN REFERRED TO IN QUESTION (A) WAS LAST PAID AN ENLISTMENT ALLOWANCE FOR THE ENLISTMENT WHICH TERMINATED JANUARY 29, 1931, AND AS HIS SERVICE SUBSEQUENT TO SUCH DATE CONSTITUTES "CONTINUOUS ACTIVE FEDERAL SERVICE" WITHIN THE DEFINITION IN THE SAID SECTION 8, HE IS ENTITLED TO PAYMENT OF ENLISTMENT ALLOWANCE FOR ALL ACTIVE SERVICE FROM MARCH 30, 1931, DATE OF REENLISTMENT, AND FROM MAY 5, 1935, TO OCTOBER 31, 1945, DATE ON WHICH HE REENLISTED. SEE 23 COMP. GEN. 37. HOWEVER, NO PAYMENT WOULD BE AUTHORIZED FOR A FRACTIONAL PART OF A YEAR. 2 COMP. GEN. 162, 166. WITH RESPECT TO THE ENLISTED MAN REFERRED TO IN QUESTION (B), IT APPEARS THAT HE ENLISTED IN THE U.S. NAVAL RESERVE ON OCTOBER 6, 1934; ENTERED ON ACTIVE DUTY SEPTEMBER 17, 1935; AND CONTINUED ON ACTIVE DUTY AS A MEMBER OF THE NAVAL RESERVE UNTIL HIS ENLISTMENT IN THE REGULAR NAVY ON NOVEMBER 2, 1945. HENCE, IN COMPUTING THE ENLISTMENT ALLOWANCE PAYABLE UPON HIS ENLISTMENT IN THE REGULAR NAVY HE IS ENTITLED TO BE CREDITED WITH ALL CONTINUOUS ACTIVE SERVICE IN THE NAVAL RESERVE FROM SEPTEMBER 17, 1935, TO NOVEMBER 1, 1945.

QUESTION (C) READS AS FOLLOWS:

(C) MAN ENLISTED IN THE COAST GUARD ON AUGUST 15, 1937, WAS DISCHARGED AS MACHINIST'S MATE 3C ON AUGUST 14, 1941, NO TIME LOST; ENLISTED IN THE REGULAR NAVY ON NOVEMBER 1, 1941, DISCHARGED AS MACHINIST'S MATE C ON OCTOBER 31, 1945, NO TIME LOST, AND REENLISTED IN THE REGULAR NAVY ON NOVEMBER 1, 1945. PAYMENT OF ENLISTMENT ALLOWANCE ON ENLISTMENT IN THE REGULAR NAVY ON NOVEMBER 1, 1941, WAS NOT MADE BY REASON OF THE RULING IN DECISION OF THE COMPTROLLER GENERAL A-6549, DATED JANUARY 20, 1925. MAN HAS BEEN IN CONTINUOUS ACTIVE FEDERAL SERVICE (WITHOUT AN INTERRUPTION OF 90 DAYS OR MORE) IN EITHER THE COAST GUARD OR NAVY SINCE AUGUST 15, 1937 AND NO PAYMENT OF ENLISTMENT ALLOWANCE HAS HERETOFORE BEEN MADE UNDER ANY PROVISION OF LAW. IS THE MAN ENTITLED, UNDER THE PROVISIONS OF REFERENCE (M), BY REASON OF REENLISTMENT ON NOVEMBER 1, 1945, TO ENLISTMENT ALLOWANCE BASED ON ACTIVE FEDERAL SERVICE IN THE COAST GUARD AND REGULAR NAVY FROM (1) AUGUST 15, 1937 TO AUGUST 14, 1941 AND NOVEMBER 1, 1941 TO OCTOBER 31, 1945, INCLUSIVE, OR (2) NOVEMBER 1, 1941 TO OCTOBER 31, 1945, INCLUSIVE?

IN VIEW OF THE PROVISION OF SECTION 8 OF THE SAID ACT OF OCTOBER 6, 1945, EXPRESSLY AUTHORIZING ,ALL CONTINUOUS ACTIVE FEDERAL SERVICE IN THE * * * NAVY, MARINE CORPS, OR COAST GUARD, OR ANY RESERVE COMPONENT THEREOF (IF ENLISTED OR REENLISTED IN THE REGULAR NAVAL ESTABLISHMENT)" TO BE CREDITED AS A PERIOD OF ACTIVE ENLISTED SERVICE IN COMPUTING THE AMOUNT OF THE ENLISTMENT ALLOWANCE, IT CLEARLY APPEARS TO HAVE BEEN INTENDED THAT SUCH PRIOR SERVICE IN THE COAST GUARD WOULD BE INCLUDED AS A PERIOD OF ACTIVE SERVICE IN DETERMINING THE ENLISTMENT ALLOWANCE PAYABLE UPON ENLISTMENT OR REENLISTMENT IN THE REGULAR NAVY ON OR AFTER FEBRUARY 1, 1945, THE OTHER CONDITIONS BEING MET. ACCORDINGLY, THE ENLISTED MAN REFERRED TO IN QUESTION (C) IS ENTITLED TO PAYMENT OF ENLISTMENT ALL BASED UPON CONTINUOUS ACTIVE SERVICE IN THE COAST GUARD AND NAVY FROM AUGUST 15, 1937, TO AUGUST 14, 1941, AND FROM NOVEMBER 1, 1941, TO OCTOBER 31, 1945.

THE LETTER FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS CONTINUES AS FOLLOWS:

ANOTHER SITUATION WHICH IS INTERPOSED AFFECTS COMPUTATION OF ENLISTMENT ALLOWANCE DUE CERTAIN PERSONS WHO WERE DISCHARGED AND REENLISTED, IN ACCORDANCE WITH ADMINISTRATIVE REGULATIONS, WHILE HOLDING TEMPORARY APPOINTMENTS AS WARRANT OR COMMISSIONED OFFICERS UNDER THE ACT OF JULY 24, 1941. THE FOLLOWING CASE ILLUSTRATES THIS SITUATION:

(D) MAN REENLISTED IN THE REGULAR NAVY ON MARCH 1, 1935, EXTENDED ENLISTMENT FOR 3 YEARS EFFECTIVE MARCH 1, 1939, BUT NO PAYMENT OF REENLISTMENT ALLOWANCE WAS MADE EITHER DATE BY REASON OF THE SUSPENSION OF SUCH PAYMENT DURING THE FISCAL YEARS 1935 AND 1939. UNDER THE PROVISIONS OF REFERENCE (D) THE MAN WAS APPOINTED TEMPORARY OFFICER ON JANUARY 4, 1942, AND, WHILE HOLDING SUCH TEMPORARY APPOINTMENT, WAS DISCHARGED ON FEBRUARY 28, 1942 AND REENLISTED ON MARCH 1, 1942 IN ACCORDANCE WITH INSTRUCTIONS IN PARAGRAPH 5 OF BUREAU OF NAVAL PERSONNEL CIRCULAR LETTER 26-1942. BY REASON OF THE RULING IN REFERENCE (F) THE AMOUNT CREDITED AS ENLISTMENT ALLOWANCE BASED ON SERVICE FROM MARCH 1, 1939 TO FEBRUARY 28, 1942 WAS CHECKED, AND A CLAIM FOR REFUND WAS SUBSEQUENTLY DISALLOWED BY THE GENERAL ACCOUNTING OFFICE. SUCH ACTION NULLIFIED THE PAYMENT MADE ON MARCH 1, 1942. THE MAN REVERTED TO ENLISTED STATUS ON OCTOBER 15, 1945. ALNAV 396-1945, DATED NOVEMBER 23, 1945, LIFTED THE ADMINISTRATIVE SUSPENSION PLACED ON EARLY DISCHARGES FOR THE DURATION OF THE WAR AND SIX MONTHS THEREAFTER ( FOOTNOTE ART. D-9104 (4), BUREAU OF NAVAL PERSONNEL MANUAL ENLISTED MEN OF THE REGULAR NAVY MAY THEREAFTER BE DISCHARGED WITHIN THREE MONTHS OF NORMAL DATE OF EXPIRATION OF ENLISTMENT FOR THE PURPOSE OF IMMEDIATE REENLISTMENT IN THE REGULAR NAVY. WHEN A MAN IS DISCHARGED FROM THE REGULAR NAVY WITHIN THREE MONTHS OF THE DATE OF EXPIRATION OF HIS ENLISTMENT, THE PERIOD BETWEEN DATE OF EARLY DISCHARGE AND THE DATE DISCHARGE WOULD OTHERWISE HAVE OCCURRED IS CONSIDERED AS TIME SERVED FOR THE PURPOSE OF COMPUTING ENLISTMENT ALLOWANCE. THE MAN WAS DISCHARGED ON DECEMBER 3, 1945 AND REENLISTED ON DECEMBER 4, 1945. IS HE ENTITLED, UNDER THE PROVISIONS OF REFERENCE (M), TO REENLISTMENT ALLOWANCE BASED ON TIME SERVED EITHER IN OFFICER OR ENLISTED STATUS FROM (1) MARCH 1, 1935 TO DECEMBER 3, 1945, INCLUSIVE; (2) MARCH 1, 1939 TO DECEMBER 3, 1945, INCLUSIVE, OR (3) MARCH 1, 1942 TO DECEMBER 3, 1945, INCLUSIVE?

ANOTHER SITUATION INVOLVES THE CASE WHERE A MEMBER OF THE FLEET RESERVE WAS DISCHARGED WHILE ON ACTIVE DUTY AND REENLISTED IN THE REGULAR NAVY MORE THAN THREE MONTHS AFTER TRANSFER TO THE FLEET RESERVE. THE FOLLOWING IS AN EXAMPLE OF A CASE INVOLVING THIS POINT:

(E) MAN REENLISTED IN THE REGULAR NAVY FOR 4 YEARS ON FEBRUARY 10, 1935 AND EXTENDED HIS ENLISTMENT FOR 1 YEAR EFFECTIVE FEBRUARY 10, 1939 (PRIOR ENLISTMENT JANUARY 8, 1931 TO JANUARY 7, 1935, NO TIME LOST). AFTER COMPLETION OF 16 YEARS ACTIVE SERVICE, THE MAN WAS TRANSFERRED TO THE FLEET RESERVE ON EXPIRATION OF ENLISTMENT ON FEBRUARY 9, 1940 AND RETAINED ON ACTIVE DUTY. PAYMENT OF REENLISTMENT ALLOWANCE ON REENLISTMENT OF FEBRUARY 10, 1939 WAS NOT MADE FOR THE REASON THAT ENLISTMENT ALLOWANCE WAS NOT PAYABLE FOR A SINGLE ONE YEAR EXTENSION. MAN WAS DISCHARGED FROM THE FLEET RESERVE ON FEBRUARY 28, 1945 AND REENLISTED IN THE REGULAR NAVY ON MARCH 1, 1945. PAYMENT OF ENLISTMENT ALLOWANCE, BASED ON PRIOR SERVICE IN THE REGULAR NAVY WAS NOT AUTHORIZED IN THAT THE MAN DID NOT REENLIST IN THE REGULAR NAVY WITHIN THREE MONTHS AFTER TRANSFER TO THE FLEET RESERVE, SUCH TRANSFER BEING TANTAMOUNT TO A DISCHARGE FOR CERTAIN PURPOSES. (SEE DECISION OF THE COMPTROLLER GENERAL A-16100, DATED NOVEMBER 9, 1926.) THE FLEET RESERVE IS A PART OF THE NAVAL RESERVE CREATED BY THE ACT OF JUNE 23, 1938 AND, THEREFORE, IN ACCORDANCE WITH REFERENCE (1) THE MAN WAS CREDITED WITH ENLISTMENT ALLOWANCE ON THE BASIS OF NET TIME SERVED ON CONTINUOUS ACTIVE DUTY IN THE NAVAL RESERVE ( FLEET RESERVE) FROM FEBRUARY 10, 1940 TO FEBRUARY 28, 1945. SINCE HE ENLISTED IN THE REGULAR NAVY AFTER FEBRUARY 1, 1945, IS HE ENTITLED, UNDER THE PROVISIONS OF REFERENCE (M), TO ADDITIONAL CREDIT OF ENLISTMENT ALLOWANCE (LESS CREDIT PREVIOUSLY MADE) COMPUTED ON THE BASIS OF CONTINUOUS ACTIVE FEDERAL SERVICE IN THE REGULAR NAVY FROM (1) JANUARY 8, 1931 TO JANUARY 7, 1935; FEBRUARY 10, 1935 TO FEBRUARY 9, 1940 AND FEBRUARY 10, 1940 TO FEBRUARY 28, 1945, INCLUSIVE, OR (2) FEBRUARY 10, 1939 TO FEBRUARY 9, 1940 AND FEBRUARY 10, 1940 TO FEBRUARY 28, 1945, INCLUSIVE?

IF THE MAN WHOSE CASE IS SET FORTH ABOVE WAS RELEASED FROM ACTIVE DUTY ON FEBRUARY 9, 1940 AND WAS RECALLED TO ACTIVE DUTY AND REPORTED THEREFOR ON MAY 1, 1940, THE PERIOD FROM FEBRUARY 10 TO APRIL 30, 1940 WOULD HAVE BEEN EXCLUDED AS TIME NOT SERVED FOR THE PURPOSE OF COMPUTATION OF AMOUNT OF ENLISTMENT ALLOWANCE PAYABLE UNDER REFERENCE (1) AND HE WOULD HAVE BEEN CREDITED WITH ENLISTMENT ALLOWANCE BASED ON NET TIME SERVED FROM MAY 1, 1940 TO FEBRUARY 28, 1945. HOWEVER, SUCH INTERRUPTION OF ACTIVE FEDERAL SERVICE, BEING LESS THAN 90 DAYS, WOULD NOT AFFECT HIS RIGHT, UNDER REFERENCE (M), TO ENLISTMENT ALLOWANCE BASED ON ACTIVE FEDERAL SERVICE HONORABLY PERFORMED IN THE REGULAR NAVY AND NAVAL RESERVE ( FLEET RESERVE) SINCE DATE OF LAST PAYMENT. IT WOULD ALSO APPEAR THAT SINCE THE AMENDMENT IN QUESTION IS RETROACTIVE IN APPLICATION TO 1945, THE "PAYMENT" OF ENLISTMENT ALLOWANCE ON MARCH 1, 1945, AS AUTHORIZED IN REFERENCE (1), DID NOT SERVE TO DEPRIVE THE MAN OF THE ADDITIONAL BENEFITS OF THE LATER RETROACTIVE AMENDMENT. DECISION OF THE COMPTROLLER GENERAL IS REQUESTED ON THIS PHASE OF THE MATTER INSOFAR AS IT WOULD AFFECT THE ANSWER TO QUESTIONS (D) AND (E) ABOVE.

IN DECISION OF MAY 7, 1942 (B-24219), 21 COMP. GEN. 991, REFERRED TO IN QUESTION (D), IT WAS HELD IN PERTINENT PART AS FOLLOWS (QUOTING FIRST PARAGRAPH OF SYLLABUS):

NAVY ENLISTED MEN TEMPORARILY HOLDING WARRANT OR COMMISSIONED GRADES UNDER AUTHORITY OF THE ACT OF JULY 24, 1941, WHILE RETAINING THEIR PERMANENT STATUS MAY NOT BE DISCHARGED AND REENLISTED IN THEIR PERMANENT GRADES FOR THE PURPOSE OF CREATING A RIGHT TO ENLISTMENT AND TRAVEL ALLOWANCES; NOR ARE THEY ENTITLED TO ANY ALLOWANCES AS FOR EXTENSION OF ENLISTMENTS.

IN DECISION OF DECEMBER 19, 1942 (B-24219), 22 COMP. GEN. 548, 552, WHICH RECONSIDERED THE SAID DECISION OF MAY 7, 1942, IT WAS STATED IN PERTINENT PART AS FOLLOWS:

* * * REGARDLESS OF WHETHER THE NAVY DEPARTMENT CONSIDERS IT NECESSARY OR DESIRABLE TO DISCHARGE AND REENLIST SUCH PERSONS IN THEIR PERMANENT ENLISTED STATUS WHILE SERVING AS TEMPORARY OFFICERS, SUCH ADMINISTRATIVE ACTION MAY NOT BE RECOGNIZED AS LEGALLY AUTHORIZING PAYMENT OF ENLISTMENT ALLOWANCE OR TRAVEL ALLOWANCE. ACCORDINGLY, YOU ARE ADVISED THAT THERE APPEARS NO BASIS ON WHICH TO MODIFY THE CONCLUSION IN THE DECISION OF MAY 7, 1942, IN THAT RESPECT. HOWEVER, IN VIEW OF THE COLOR OF AUTHORITY FOR SUCH PAYMENTS IN THE FIRST PART OF SECTION 7 (A/--- WHEN READ IN CONJUNCTION WITH THE LANGUAGE OF THE SECOND PROVISO (SAVING CLAUSE) AS IT STOOD BEFORE THE AMENDMENT OF NOVEMBER 30, 1942--- AND THE ADMINISTRATIVE INTERPRETATION OF THE STATUTE IN THAT REGARD, CREDIT WILL BE ALLOWED IN THE ACCOUNTS OF THE DISBURSING OFFICERS CONCERNED FOR SUCH PAYMENTS, OTHERWISE CORRECT, MADE PRIOR TO THE DECISION OF MAY 7, 1942.

THE ENLISTED MAN REFERRED TO IN QUESTION (D) APPEARS TO HAVE BEEN APPOINTED A TEMPORARY OFFICER UNDER THE PROVISIONS OF THE ACT OF JULY 24, 1941, 55 STAT. 603, AS AMENDED, AND WHILE SERVING AS SUCH A TEMPORARY OFFICER WAS DISCHARGED FROM HIS ENLISTED STATUS ON FEBRUARY 28, 1942, AND IMMEDIATELY REENLISTED AND WAS PAID THE ENLISTMENT ALLOWANCE PRESCRIBED UNDER SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942. IT IS STATED, HOWEVER, THAT THE AMOUNT OF SUCH PAYMENT WAS CHECKED AGAINST THE MAN'S PAY ACCOUNT--- PRESUMABLY PRIOR TO RECEIPT OF THE SAID DECISION OF DECEMBER 19, 1942. ON SUCH BASIS, THE ENLISTED MAN REFERRED TO IN QUESTION (D) IS NOT TO BE CONSIDERED AS HAVING RECEIVED PAYMENT OF AN ENLISTMENT ALLOWANCE UPON REENLISTMENT FOLLOWING THE SAID ENLISTMENT EXPIRING ON FEBRUARY 28, 1942. ACCORDINGLY, IN THE COMPUTATION OF ENLISTMENT ALLOWANCE, SUCH ENLISTED MAN MAY BE CREDITED WITH ALL CONTINUOUS ACTIVE SERVICE, INCLUDING SERVICE AS A TEMPORARY COMMISSIONED OFFICER, FROM MARCH 1, 1935, TO DECEMBER 3, 1945.

IT APPEARS THAT THE ENLISTED MAN REFERRED TO IN QUESTION (E) ENLISTED IN THE REGULAR NAVY ON JANUARY 8, 1931; DISCHARGED JANUARY 7, 1935; REENLISTED FEBRUARY 10, 1935, AND UPON EXPIRATION OF SUCH ENLISTMENT ON FEBRUARY 9, 1939, EXTENDED HIS ENLISTMENT FOR ONE YEAR. UPON EXPIRATION OF SUCH ONE YEAR EXTENSION, THE MAN WAS TRANSFERRED TO THE FLEET RESERVE AND RETAINED ON ACTIVE DUTY. HAVING TRANSFERRED TO THE FLEET RESERVE ON FEBRUARY 10, 1940, UPON EXPIRATION OF THE ONE-YEAR EXTENSION OF HIS ENLISTMENT HE WAS NOT ENTITLED TO PAYMENT OF AN ENLISTMENT ALLOWANCE. CF. 19 COMP. GEN. 229, ANSWER TO QUESTION (A). HOWEVER, UNDER THE CIRCUMSTANCES HERE INVOLVED, THE FACT THAT HE DID NOT REENLIST IN THE REGULAR NAVY WITHIN 3 MONTHS AFTER TRANSFER TO THE FLEET RESERVE WOULD NOT AFFECT HIS RIGHT TO PAYMENT OF AN ENLISTMENT ALLOWANCE UPON REENLISTING IN THE REGULAR NAVY ON OR AFTER FEBRUARY 1, 1945. UNDER THE SAID SECTION 8, IT IS IMMATERIAL WHETHER THE PRIOR SERVICE CONSISTS OF ACTIVE SERVICE IN THE REGULAR NAVY OR A RESERVE COMPONENT THEREOF, OR A COMBINATION OF RESERVE AND REGULAR SERVICE, SO LONG AS THERE HAVE BEEN NO INTERRUPTIONS OF MORE THAN 90 DAYS BETWEEN PERIODS OF SUCH SERVICE--- THE STATUTE IN THAT RESPECT REQUIRING ONLY THAT THE SERVICES BE "CONTINUOUS ACTIVE FEDERAL SERVICE" IN THE ORGANIZATIONS SPECIFIED. ACCORDINGLY, THE ENLISTED MAN REFERRED TO IN QUESTION (E) IS ENTITLED, IN THE COMPUTATION OF ENLISTMENT ALLOWANCE, TO CREDIT FOR ALL CONTINUOUS ACTIVE SERVICE FROM JANUARY 4, 1931, TO JANUARY 7, 1935, AND FROM FEBRUARY 10, 1935, TO FEBRUARY 28, 1945. THE PROVISIONS OF THE SAID SECTION 8 OF THE ACT OF OCTOBER 6, 1945, HAVING BEEN MADE RETROACTIVE IN EFFECT WITH RESPECT TO ALL ENLISTMENTS OR REENLISTMENTS IN THE REGULAR NAVY ON OR AFTER FEBRUARY 1, 1945, THE FACT THAT AN ENLISTMENT ALLOWANCE FOR AN ENLISTMENT ENTERED INTO ON OR AFTER THAT DATE MAY HAVE BEEN PAID PRIOR TO THE ENACTMENT OF THE SAID ACT WOULD NOT AFFECT THE ENLISTED MAN'S RIGHT TO THE INCREASED BENEFITS PROVIDED UNDER THAT ACT. QUESTIONS (D) AND (E) ARE ANSWERED ACCORDINGLY.

THE NEXT QUESTIONS IS AS FOLLOWS:

4. ANOTHER CASE WHICH INVOLVES THE RETROACTIVE EFFECT OF REFERENCE (M) IS THAT OF A MAN WHO WAS INDUCTED INTO THE NAVAL SERVICE ON JUNE 1, 1943 AND ENLISTED IN THE NAVAL RESERVE ( SV) ON THE SAME DATE. HE WAS DISCHARGED ON MAY 31, 1945 WHILE HOLDING THE RATING OF YEOMAN 3C, REENLISTED ON THE FOLLOWING DAY AND, UNDER THE AUTHORITY CONTAINED IN REFERENCES (K) AND (L), WAS CREDITED WITH REENLISTMENT ALLOWANCE OF $50 (TWO MULTIPLES OF $25 EACH). IT IS REQUESTED THAT A DECISION OF THE COMPTROLLER GENERAL BE OBTAINED AS TO WHETHER, UNDER THE RETROACTIVE PROVISIONS OF REFERENCE (M), THIS MAN IS NOW ENTITLED TO ADDITIONAL CREDIT OF $50, INASMUCH AS MEN WHO ENLISTED ON AND AFTER FEBRUARY 1, 1945 ARE ENTITLED TO $50 RATHER THAN $25 INCREMENTS.

INASMUCH AS THE ENLISTED MAN REFERRED TO WAS ON CONTINUOUS ACTIVE DUTY AS AN INDUCTEE AND MEMBER OF THE NAVAL RESERVE FROM JUNE 1, 1943, TO MAY 31, 1945, OR 2 COMPLETE YEARS, AND ENLISTED IN THE REGULAR NAVY ON JUNE 1, 1945, HE IS ENTITLED UNDER THE RETROACTIVE PROVISIONS OF SAID SECTION 8 OF THE ACT OF OCTOBER 6, 1945 TO AN ENLISTMENT ALLOWANCE OF $100--- LESS THE AMOUNT PREVIOUSLY CREDITED. SEE ANSWER TO QUESTIONS (D) AND (E).

THE CONCLUDING QUESTION IS AS FOLLOWS:

5. SERVICE AS AN APPOINTED AVIATION CADET IS NOT WARRANT OR COMMISSIONED SERVICE, ALTHOUGH SUCH SERVICE, IN ACCORDANCE WITH CERTAIN PROVISIONS OF LAW, IS CONSIDERED AS COMMISSIONED SERVICE FOR PAY PURPOSES. SERVICE IN THE ENLISTED GRADE OF AVIATION CADET, CREATED BY THE ACT OF AUGUST 4, 1942, IS CONSIDERED AS ENLISTED SERVICE FOR ALL PURPOSES. A MAN ENLISTED IN THE NAVAL RESERVE AS APPRENTICE SEAMAN V-5 ON AUGUST 1, 1940; REPORTED FOR ACTIVE DUTY (PREFLIGHT TRAINING) IN THAT RATING ON OCTOBER 1, 1940; FOLLOWING COMPLETION OF PREFLIGHT TRAINING HE WAS DISCHARGED ON NOVEMBER 2, 1940, ACCEPTED APPOINTMENT AS AVIATION CADET ON THE FOLLOWING DAY AND IMMEDIATELY REPORTED FOR ACTIVE DUTY AS AN AVIATION CADET UNDERGOING TRAINING. APPOINTMENT AS AVIATION CADET WAS TERMINATED ON APRIL 15, 1941, THE MAN ENLISTED IN THE NAVAL RESERVE ON JUNE 1, 1941 AND WAS IMMEDIATELY PLACED ON ACTIVE DUTY AND REMAINED ON ACTIVE DUTY UNTIL OCTOBER 25, 1945, WHEN HE WAS DISCHARGED AND ENLISTED IN THE REGULAR NAVY THE FOLLOWING DAY. IS THE MAN ENTITLED, UNDER THE PROVISIONS OF REFERENCE (M), TO REENLISTMENT ALLOWANCE BASED ON CONTINUOUS ACTIVE FEDERAL SERVICE (UNINTERRUPTED FOR 90 DAYS OR MORE) AS AN ENLISTED MAN AND APPOINTED AVIATION CADET FROM OCTOBER 1, 1940 TO APRIL 15, 1941 AND JUNE 1, 1941 TO OCTOBER 25, 1945, INCLUSIVE, OR (2) JUNE 1, 1941 TO OCTOBER 25, 1945, INCLUSIVE?

INASMUCH AS THE LANGUAGE IN SECTION 8 OF THE SAID ACT OF OCTOBER 6, 1945,"WHETHER IN ENLISTED GRADES OR IN COMMISSIONED, COMMISSIONED WARRANT, OR WARRANT OFFICER GRADES" DOES NOT APPEAR TO HAVE BEEN INTENDED RESTRICTIVELY BUT AS BROADLY DESCRIPTIVE OF "ALL CONTINUOUS ACTIVE FEDERAL SERVICE" TO MAKE CERTAIN THAT ALL SUCH SERVICE REGARDLESS OF RANK OR GRADE WOULD BE INCLUDED, ACTIVE SERVICE AS AN APPOINTED AVIATION CADET PROPERLY IS TO BE REGARDED AS "ACTIVE FEDERAL SERVICE" IN THE NAVY, WITHIN THE MEANING OF THE ACT, WHETHER SUCH SERVICE BE CONSIDERED AS HAVING MORE THE ATTRIBUTES OF COMMISSIONED OR ENLISTED SERVICE. ACCORDINGLY, UNDER THE CIRCUMSTANCES APPEARING IN THE ABOVE QUESTION, THE MAN IS ENTITLED TO PAYMENT OF ENLISTMENT ALLOWANCE COMPUTED ON THE BASIS OF "ALL CONTINUOUS ACTIVE FEDERAL SERVICE" FROM OCTOBER 1, 1940--- THE DATE HE ENTERED ON ACTIVE DUTY--- TO APRIL 15, 1941, AND FROM JUNE 1, 1941, TO OCTOBER 25, 1945.