B-59843, NOVEMBER 7, 1946, 26 COMP. GEN. 307

B-59843: Nov 7, 1946

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WHICH IS TO BE DISREGARDED IN DETERMINING THE CONTINUITY OF ACTIVE FEDERAL SERVICE FOR ENLISTMENT ALLOWANCE COMPUTATION PURPOSES. IS NOT ENTITLED TO THE ENLISTMENT ALLOWANCE PROVIDED BY PARAGRAPH 4 OF SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942. CERTAIN QUESTIONS HAVE ARISEN IN CONNECTION WITH PAYMENT OF REENLISTMENT ALLOWANCE IN THE CASE OF MEN ENLISTED OR REENLISTED IN THE REGULAR NAVY ON OR AFTER 1 FEBRUARY 1945 BY REASON OF CERTAIN LANGUAGE USED IN SECTION 8 OF THE VOLUNTARY RECRUITMENT ACT OF 1945. THE SAME PREREQUISITE WAS SET FORTH IN THE AMENDMENT TO THE FOURTH PARAGRAPH OF SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942 BY SECTION 8 OF THE ACT OF SEPTEMBER 7. SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942 WAS FURTHER AMENDED BY SECTION 8 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945.

B-59843, NOVEMBER 7, 1946, 26 COMP. GEN. 307

ENLISTMENT ALLOWANCE - COMPUTATION OF THREE-MONTH GRACE PERIOD AND NINETY -DAY ACTIVE SERVICE INTERRUPTION; ETC. THE ACTIVE-SERVICE INTERRUPTION OF "NINETY DAYS" SPECIFIED IN PARAGRAPH 5 OF SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942 AS ADDED BY SECTION 8 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945, WHICH IS TO BE DISREGARDED IN DETERMINING THE CONTINUITY OF ACTIVE FEDERAL SERVICE FOR ENLISTMENT ALLOWANCE COMPUTATION PURPOSES, MAY NOT BE REGARDED AS MEANING A THREE-MONTH PERIOD AND, CONVERSELY, THE PERIOD OF "THREE MONTHS" SPECIFIED IN PARAGRAPH 4 OF SAID 1942 ACT, AS AMENDED, WITHIN WHICH AN ENLISTED MAN MAY ENLIST OR REENLIST IN THE REGULAR SERVICE AFTER DISCHARGE AND BE ENTITLED TO ENLISTMENT ALLOWANCE, MAY NOT BE CONSIDERED AS NINETY DAYS. A WARRANT OFFICER OF THE NAVAL RESERVE WHO, WHILE IN AN INACTIVE DUTY STATUS, ENLISTED IN THE REGULAR NAVY MORE THAN THREE MONTHS AFTER THE DATE OF HIS RELEASE FROM ACTIVE DUTY, AS DISTINGUISHED FROM THE DATE OF DISCHARGE FROM THE NAVAL RESERVE, IS NOT ENTITLED TO THE ENLISTMENT ALLOWANCE PROVIDED BY PARAGRAPH 4 OF SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED. THE DAY A NAVAL RESERVE ENLISTED MAN IN AN INACTIVE DUTY STATUS NECESSARILY COMMENCED TRAVEL IN ORDER TO REPORT FOR ACTIVE DUTY THE NEXT DAY, AS SPECIFIED IN ORDERS RECALLING HIM TO ACTIVE DUTY, MAY BE CONSIDERED A DAY OF ACTIVE SERVICE TO BE EXCLUDED FROM THE 90-DAY PERIOD OF ACTIVE-SERVICE INTERRUPTION WHICH, UNDER SECTION 8 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945, MAY BE DISREGARDED IN DETERMINING THE CONTINUITY OF ACTIVE FEDERAL SERVICE FOR ENLISTMENT ALLOWANCE COMPUTATION PURPOSES IN CONNECTION WITH A SUBSEQUENT ENLISTMENT IN THE REGULAR NAVY.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, NOVEMBER 7, 1946:

THERE HAS BEEN CONSIDERED YOUR LETTER OF AUGUST 6, 1946, FILE JAG:II:WG:DS L16-4/MM, REQUESTING DECISION ON CERTAIN QUESTIONS PRESENTED IN A LETTER TRANSMITTED THEREWITH, DATED JULY 26, 1946, FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, WHICH READS, IN PART, AS FOLLOWS:

1. CERTAIN QUESTIONS HAVE ARISEN IN CONNECTION WITH PAYMENT OF REENLISTMENT ALLOWANCE IN THE CASE OF MEN ENLISTED OR REENLISTED IN THE REGULAR NAVY ON OR AFTER 1 FEBRUARY 1945 BY REASON OF CERTAIN LANGUAGE USED IN SECTION 8 OF THE VOLUNTARY RECRUITMENT ACT OF 1945. THE DIFFICULTIES ENCOUNTERED RESULT FROM THE FACT THAT PARAGRAPH 4 OF SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, AS ORIGINALLY ENACTED, ESTABLISHED AS A PREREQUISITE TO ENTITLEMENT OF ENLISTED MEN OF THE REGULAR NAVY TO THE REENLISTMENT ALLOWANCE PROVIDED THEREIN, THAT THE ENLISTED MAN MUST REENLIST WITHIN A PERIOD OF THREE MONTHS FROM DATE OF HIS DISCHARGE FROM THE REGULAR NAVY. THE SAME PREREQUISITE WAS SET FORTH IN THE AMENDMENT TO THE FOURTH PARAGRAPH OF SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942 BY SECTION 8 OF THE ACT OF SEPTEMBER 7, 1944, WHICH ADDED A THIRD PROVISO CLAUSE TO THE CITED PARAGRAPH AS INITIAL AUTHORITY FOR THE PAYMENT OF REENLISTMENT ALLOWANCE, UNDER THE CIRCUMSTANCES SET FORTH THEREIN, TO MEMBERS OF THE NAVAL RESERVE WHO ENLISTED IN THE REGULAR NAVY ON AND AFTER 1 OCTOBER 1944, WITHIN THREE MONTHS FROM DATE OF DISCHARGE FROM THE NAVAL RESERVE. SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942 WAS FURTHER AMENDED BY SECTION 8 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945, APPROVED OCTOBER 6, 1945 (59 STAT. 541), BY INSERTING A NEW PARAGRAPH APPLICABLE IN DETERMINING ELIGIBILITY FOR, AND COMPUTATION OF AMOUNT PAYABLE AS, REENLISTMENT ALLOWANCE IN THE CASE OF PERSONS ENLISTED OR REENLISTED IN THE REGULAR NAVY ON OR AFTER 1 FEBRUARY 1945. * * *

5. THE PRIMARY PURPOSE OF THE LANGUAGE INCLUDED IN THE LAST TWO SENTENCES OF SECTION 8 OF THE ACT OF OCTOBER 6, 1945, WAS TO PRESERVE AND BROADEN EXISTING RIGHT TO REENLISTMENT ALLOWANCE IN THE CASE OF ENLISTED MEN WHO ENLISTED OR REENLISTED IN THE REGULAR NAVY WITHIN 3 MONTHS OF ACTUAL DISCHARGE FROM THE REGULAR NAVY OR NAVAL RESERVE AND, IN ADDITION, TO EXTEND A SIMILAR RIGHT TO REENLISTMENT ALLOWANCE TO PERSONS WHO ENLISTED OR REENLISTED IN THE REGULAR NAVY WITHIN 3MONTHS OF DISCHARGE OR TERMINATION OF ACTIVE DUTY STATUS AS AN ENLISTED MAN OR AS AN OFFICER (PERMANENT OR TEMPORARY) IN THE NAVAL RESERVE, MARINE CORPS, MARINE CORPS RESERVE, COAST GUARD AND COAST GUARD RESERVE.

6. THE FOLLOWING EXAMPLES ARE ILLUSTRATIVE OF ACTUAL CASES PENDING BEFORE THIS BUREAU, AND IT IS REQUESTED THAT THE COMPTROLLER GENERAL DETERMINE THE ENLISTMENT ALLOWANCE PAYABLE IN EACH CASE:

(A) MAN ENLISTED IN THE NAVAL RESERVE ON 6 OCTOBER 1940, IMMEDIATELY PLACED ON ACTIVE DUTY, DISCHARGED ON 5 OCTOBER 1945, AND REENLISTED FOR A PERIOD OF 4 YEARS ON 5 JANUARY 1946, WITHIN 3 MONTHS OF DATE OF LAST DISCHARGE:

10/6-10/31/45 --------------------------------------- 26 DAYS

11/1-11/30/45 --------------------------------------- 30 DAYS

12/1-12/31/45 --------------------------------------- 31 DAYS

1/1- 1/4/46 ---------------------------------------- 4 DAYS

PERIOD, 91 CALENDAR DAYS DURING WHICH MAN WAS NOT A MEMBER OF THE NAVAL FORCES.

(B) MAN ENLISTED 2 FEBRUARY 1942 IN THE NAVAL RESERVE, WAS IMMEDIATELY PLACED ON ACTIVE DUTY, DISCHARGED 1 FEBRUARY 1946 (DAY OF ACTIVE FEDERAL SERVICE), ENLISTED IN THE REGULAR NAVY ON 3 MAY 1946 (DAY OF ACTIVE FEDERAL SERVICE):

2/2-2/28/46 ----------------------------------------- 27 DAYS

3/1-3/31/46 ----------------------------------------- 31 DAYS

4/1-4/30/46 ----------------------------------------- 30 DAYS

5/1-5) 2/46 ----------------------------------------- 2 DAYS

TOTAL OF 90 DAYS DURING WHICH MAN WAS NOT A MEMBER OF THE NAVAL FORCES.

IF THE PERIOD OF 90 DAYS, AND NOT 3 MONTHS, IS THE GAUGE OF ENTITLEMENT TO REENLISTMENT ALLOWANCE, THE MAN IN CASE (A) WOULD NOT BE ENTITLED TO REENLISTMENT ALLOWANCE, AND WOULD NOT BE ENTITLED TO INITIAL CASH CLOTHING ALLOWANCE, WHEREAS THE MAN IN CASE (B) WOULD BE ENTITLED TO REENLISTMENT ALLOWANCE, AND WOULD BE ENTITLED TO INITIAL CASH CLOTHING ALLOWANCE.

7. IN CASE THE STATED PERIOD OF 90 DAYS IS APPLICABLE IN DETERMINING ELIGIBILITY FOR ENLISTMENT ALLOWANCE RETROACTIVE TO DATE OF LAST PAYMENT OF SUCH ALLOWANCE, IT WOULD SERVE TO DEPRIVE CERTAIN MEMBERS OF THE REGULAR NAVY OF THE RIGHT TO REENLISTMENT ALLOWANCE UNDER THE FOLLOWING CIRCUMSTANCES:

(A) MAN REENLISTED IN THE REGULAR NAVY FOR 4 YEARS ON 5 MAY 1934, DISCHARGED ON 4 MAY 1938, AND REENLISTED FOR 4 YEARS ON 4 AUGUST 1938, WITHIN 3 MONTHS OF DATE OF LAST DISCHARGE, ALTHOUGH HE WAS OUT OF THE SERVICE A TOTAL OF 91 CALENDAR DAYS:

5/5-5/31/38 ----------------------------------------- 27 DAYS

6/1-6/30/38 ----------------------------------------- 30 DAYS

7/1-7/31/38 ----------------------------------------- 31 DAYS

8/1-8) 3/38 ----------------------------------------- 3 DAYS

TOTAL -------------------------------------------- 91 DAYS PAYMENT OF REENLISTMENT ALLOWANCE WAS SUSPENDED AT TIME OF REENLISTMENT. MAN WAS APPOINTED A TEMPORARY WARRANT OFFICER ON 4 JANUARY 1942, AND SERVED IN WARRANT OR COMMISSIONED STATUS UNTIL 31 DECEMBER 1945, ON WHICH DATE HE REVERTED TO ENLISTED STATUS, WAS DISCHARGED THE SAME DATE, AND REENLISTED ON 31 MARCH 1946. IF THE 3 MONTHS PERIOD APPLIES, HE WILL BE ENTITLED, UNDER REFERENCE (E) (25 COMP. GEN. 543), TO REENLISTMENT ALLOWANCE BASED ON NET ACTIVE SERVICE FROM 5 MAY 1934 TO 4 MAY 1938, AND FROM 4 AUGUST 1938 TO 31 DECEMBER 1945, A TOTAL OF $550. HOWEVER, IF THE 90 DAY PROVISION IS APPLIED RETROACTIVELY TO THE PERIOD INTERVENING BETWEEN ENLISTMENTS THIS MAN WILL BE ENTITLED ONLY TO REENLISTMENT ALLOWANCE OF $350 COMPUTED ON THE BASIS OF ACTIVE FEDERAL SERVICE FROM 4 AUGUST 1938 TO 31 DECEMBER 1945.

(B) MAN ENLISTED IN THE NAVAL RESERVE ON 10 AUGUST 1941, WAS IMMEDIATELY PLACED ON ACTIVE DUTY, ENLISTMENT TERMINATED ON 15 JANUARY 1942 FOR PURPOSE OF ACCEPTING PERMANENT APPOINTMENT AS CARPENTER USNR, ON 16 JANUARY 1942, AND WAS RELEASED FROM ACTIVE DUTY EFFECTIVE AT MIDNIGHT ON 2 JANUARY 1946. MAN ENLISTED IN THE REGULAR NAVY ON 3 APRIL 1946, WHICH AUTOMATICALLY TERMINATED HIS APPOINTMENT AS AN OFFICER OF THE NAVAL RESERVE AS OF 2 APRIL 1946. THE CONTINUITY OF HIS ACTIVE FEDERAL SERVICE WAS INTERRUPTED NOT MORE THAN 90 DAYS ( 1/3 1/31/46, 29 DAYS; 2/1-2/28/46, 28 DAYS; 3/1-3/31/46, 31 DAYS; 4/1 4/2/46, 2 DAYS), ALTHOUGH HE DID NOT ENLIST IN THE REGULAR NAVY WITHIN 3 MONTHS OF DATE OF DISCHARGE FROM THE NAVAL RESERVE AS AN ENLISTED MAN, OR WITHIN 3 MONTHS OF DATE OF RELEASE FROM ACTIVE DUTY IN OFFICER STATUS. IF THE 90 DAY RULE IS APPLICABLE IN THIS TYPE OF CASE, WHICH IS IN THE MINORITY, THE INDIVIDUAL CONCERNED WILL BE ENTITLED TO ENLISTMENT ALLOWANCE BASED ON SERVICE AS AN OFFICER AND ENLISTED MAN FROM 10 AUGUST 1941 TO 2 JANUARY 1946.

(C) MAN ENTERED THE NAVAL RESERVE AS A SELECTIVE VOLUNTEER ON 15 MARCH 1943, AND SERVED CONTINUOUSLY ON ACTIVE DUTY UNTIL 1 SEPTEMBER 1943, ON WHICH DATE HE WAS RELEASED FROM ACTIVE DUTY FOR A SPECIFIC PERIOD, WITH THE UNDERSTANDING THAT HE WOULD ACCEPT EMPLOYMENT AT A DESIGNATED WAR PLANT. MAN WAS RECALLED TO ACTIVE DUTY BY ORDERS DATED 28 NOVEMBER 1943, COMMENCED TRAVEL ON 1 DECEMBER 1943, AND REPORTED ON THE FOLLOWING DAY TO DESIGNATED PLACE FOR ACTIVE DUTY. THE PERIOD OF INTERRUPTION OF ACTIVE FEDERAL SERVICE DURING CURRENT ENLISTMENT WHILE MAN WAS IN A NON-PAY STATUS WAS 90 DAYS ( 9/2-9/30/43, 29 DAYS; 10/1 10/31/43, 31 DAYS; 11/1- 11/30/43, 30 DAYS). MAN WAS DISCHARGED ON 26 FEBRUARY 1946 AND REENLISTED ON 26 MAY 1946, WITHIN 3 MONTHS OF DATE OF DISCHARGE, AND IS ENTITLED TO REENLISTMENT ALLOWANCE COMPUTED ON THE BASIS OF NET ACTIVE SERVICE PERFORMED FROM 15 MARCH 1943 TO 1 SEPTEMBER 1943, INCLUSIVE, AND FROM 1 DECEMBER 1943 TO 26 FEBRUARY 1946. HAD THIS MAN NOT REENLISTED UNTIL 27 MAY 1946, ALTHOUGH THE BREAK IN SERVICE BETWEEN ENLISTMENT PERIODS WOULD NOT HAVE EXCEEDED 90 CALENDAR DAYS ( 2/27-2/28/46, 2 DAYS; 3/1-3/31/46, 31 DAYS; 4/1-4/30) 46, 30 DAYS; 5/1-5/26/46, 26 DAYS), HE WOULD (NOT?) HAVE BEEN ENTITLED TO REENLISTMENT ALLOWANCE ON THE BASIS OF SERVICE AS STATED ABOVE, INASMUCH AS HE DID NOT REENLIST AS REQUIRED BY THE BASIC PROVISION OF THE STATUTE, WITHIN 3 MONTHS OF DATE OF ACTUAL DISCHARGE FROM ENLISTED STATUS.

8. IN DECIDING ON THE MATTERS PRESENTED HEREIN, IT IS RECOMMENDED THAT THE COMPTROLLER GENERAL TAKE INTO CONSIDERATION THE FACT THAT ENLISTED MEN MAY BE GIVEN AN EARLY DISCHARGE (WITHIN THREE MONTHS OF EXPIRATION OF ENLISTMENT); THAT ENLISTED MEN OF THE REGULAR NAVY HAVE BEEN ENTITLED, SINCE 1 JULY 1922, TO ENLISTMENT ALLOWANCE, PROVIDED THEY REENLIST IN THE REGULAR NAVY WITHIN THREE MONTHS OF DATE OF LAST DISCHARGE, AND THAT THEY ARE NOT ENTITLED TO INITIAL CASH CLOTHING ALLOWANCE AUTHORIZED BY SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, IF THEY REENLIST WITHIN 3 MONTHS OF DATE OF LAST DISCHARGE, OR IF RECALLED TO ACTIVE DUTY WITHIN THREE MONTHS OF DATE OF RELEASE THEREFROM. UNLESS THE 3 MONTHS RULE IS UNIFORMLY APPLIED IN DETERMINING CONTINUITY OF SERVICE EXCEPT WHERE THE ACTIVE SERVICE STATUS OF THE INDIVIDUAL IS INTERRUPTED NOT MORE THAN 90 DAYS AT ANY TIME WHILE AN ENLISTMENT CONTRACT IS IN EFFECT, OR IS INTERRUPTED NOT MORE THAN 90 DAYS AT ANY TIME WHILE AN APPOINTMENT AS AN OFFICER IS IN EFFECT, IT WILL CAUSE MANY ADMINISTRATIVE DIFFICULTIES IN DETERMINING ENTITLEMENT TO OTHER BENEFITS OR EMOLUMENTS WHICH ACCRUE UNDER OTHER LAWS.

THE FOURTH PARAGRAPH OF SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, AS AMENDED BY SECTION 8 OF THE ACT OF SEPTEMBER 7, 1944, 58 STAT. 730, AND THE FIFTH PARAGRAPH OF THAT SECTION AS ADDED BY SECTION 8 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945, 59 STAT. 541 ( PUBLIC LAW 190, APPROVED OCTOBER 6, 1945), 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 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: 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: 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 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 THAT THE INITIAL RIGHT TO THE ENLISTMENT ALLOWANCE IS PREDICATED ON THERE BEING AN ENLISTMENT OR REENLISTMENT WITHIN A PERIOD OF THREE MONTHS FROM DATE OF DISCHARGE AND THE AMOUNT OF THE ALLOWANCE TO BE PAID, ONCE THE RIGHT THERETO IS ESTABLISHED, IS PREDICATED ON THE NUMBER OF YEARS OF CONTINUOUS ACTIVE FEDERAL SERVICE, DISREGARDING INTERRUPTIONS OF NOT MORE THAN NINETY DAYS EACH, SUBSEQUENT TO THE PAYMENT OF THE LAST PREVIOUS ENLISTMENT ALLOWANCE. SEE 25 COMP. GEN. 543. IN OTHER WORDS, THE ENLISTMENT ALLOWANCE ACCRUES ONLY UPON AN ENLISTMENT OR REENLISTMENT IN THE REGULAR SERVICE WITHIN A PERIOD OF THREE MONTHS FROM THE DATE OF DISCHARGE AND THIS REQUIREMENT IS NOT CHANGED BY THE PROVISION RELATIVE TO DISREGARDING INTERRUPTIONS OF NOT MORE THAN NINETY DAYS EACH BETWEEN PERIODS OF ACTIVE SERVICE, SUCH NINETY-DAY PROVISION BEING FOR APPLICATION ONLY IN DETERMINING THE CONTINUITY OF PRIOR ACTIVE SERVICE WITHIN THE TERMS OF THE ACT, AND, HENCE, THE NUMBER OF YEARS OF CONTINUOUS ACTIVE FEDERAL SERVICE PRECEDING THE DATE OF DISCHARGE FOR WHICH PAYMENT IS AUTHORIZED.

WHILE IT MAY BE THAT THE ADMINISTRATION OF SUCH PROVISIONS FOR THE PAYMENT OF THE ENLISTMENT ALLOWANCE WOULD BE MADE EASIER IF THE THREE MONTH PROVISION WERE UNIFORMLY APPLIED BOTH IN DETERMINING THE RIGHT TO THE ALLOWANCE AND IN DETERMINING CONTINUITY OF SERVICE FOR THE PURPOSE OF ASCERTAINING THE NUMBER OF YEARS ON WHICH THE ALLOWANCE IS TO BE COMPUTED, THERE APPEARS NO LEGAL BASIS TO SO INTERPRET THE EXPRESS TERMS OF THE STATUTE. EVEN THOUGH THE STATUTE BE REGARDED AS AMBIGUOUS IN OTHER RESPECTS, THE NINETY-DAY PERIOD THEREIN SPECIFICALLY PROVIDED FOR MAY NOT BE CONSIDERED AS MEANING A THREE-MONTH PERIOD AND, CONVERSELY, THE THREE- MONTH PERIOD SPECIFICALLY PROVIDED FOR MAY NOT BE CONSIDERED AS MEANING NINETY DAYS. SEE ASH V. UNITED STATES, 37 F.1SUPP. 464, WHERE IT WAS HELD THAT EVEN UNDER THE RULE THAT A STATUTE PERMITTING VETERANS TO SUE THE UNITED STATES FOR BENEFITS OF WAR RISK INSURANCE SHOULD BE CONSTRUED LIBERALLY IN FAVOR OF THE VETERANS, THE COURT COULD NOT ENLARGE THE RIGHTS GRANTED BY SUCH STATUTE BY INTERPRETING THE 90-DAY PERIOD OF LIMITATIONS FOR FILING SUIT THEREIN PROVIDED FOR AS MEANING A THREE-MONTH PERIOD.

IT FOLLOWS THAT THE ENLISTED MAN REFERRED TO IN THE EXAMPLE GIVEN IN PARAGRAPH 6 (A) OF THE LETTER FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, HAVING ENLISTED WITHIN A PERIOD OF THREE MONTHS FROM THE DATE OF HIS DISCHARGE, WOULD BE ENTITLED TO AN ENLISTMENT ALLOWANCE COMPUTED ON HIS ACTIVE SERVICE FROM OCTOBER 6, 1940. ON THE OTHER HAND, THE ENLISTED MAN REFERRED TO IN PARAGRAPH 6 (B) WOULD NOT BE ENTITLED TO ANY ENLISTMENT ALLOWANCE SINCE HE DID NOT ENLIST WITHIN THE THREE-MONTH PERIOD FOLLOWING HIS DISCHARGE.

THE MAN REFERRED TO IN PARAGRAPH 7 (A) ENLISTED WITHIN A PERIOD OF THREE MONTHS FROM THE DATE OF HIS DISCHARGE ON DECEMBER 31, 1945, AND, ACCORDINGLY, HE IS ENTITLED TO AN ENLISTMENT ALLOWANCE. HOWEVER, SINCE THERE WAS AN INTERRUPTION OF MORE THAN NINETY DAYS BETWEEN HIS PREVIOUS DISCHARGE ON MAY 4, 1938, AND HIS ENLISTMENT ON AUGUST 4, 1938, THE ALLOWANCE IS TO BE COMPUTED ONLY ON HIS ACTIVE SERVICE FROM THE LATTER DATE, I.E., AUGUST 4, 1938.

WITH RESPECT TO THE CASE OUTLINED IN PARAGRAPH 7 (B), IT APPEARS THAT THE MAN THERE INVOLVED DID NOT ENLIST WITHIN THREE MONTHS FROM THE DATE OF HIS RELEASE FROM ACTIVE DUTY AND SINCE THE STATUTE MAY NOT BE REGARDED AS CONTEMPLATING AN ENLISTMENT WITHIN THREE MONTHS AFTER DISCHARGE WHILE IN AN INACTIVE DUTY STATUS WHERE SUCH ENLISTMENT IS MORE THAN THREE MONTHS AFTER RELEASE FROM ACTIVE DUTY, BUT IS MORE REASONABLY TO BE VIEWED AS CONTEMPLATING IN SUCH CASES AN ENLISTMENT OR REENLISTMENT IN THE REGULAR SERVICE WITHIN THREE MONTHS AFTER RELEASE FROM ACTIVE DUTY IN A RESERVE COMPONENT, THE MAN IN QUESTION IS NOT ENTITLED TO ANY ENLISTMENT ALLOWANCE. SEE PARAGRAPH 5 OF THE LETTER FROM THE BUREAU OF SUPPLIES AND ACCOUNTS, SUPRA. IT IS UNDERSTOOD INFORMALLY THAT THE WAR DEPARTMENT HAS LIKEWISE SO CONSTRUED AND APPLIED THE STATUTE IN SIMILAR CASES ARISING IN THE ARMY.

SINCE THE MAN COVERED BY THE EXAMPLE IN PARAGRAPH 7 (C) REENLISTED WITHIN THREE MONTHS FROM THE DATE OF HIS DISCHARGE, HE IS ENTITLED TO AN ENLISTMENT ALLOWANCE. HOWEVER, THE QUESTION ARISES AS TO WHETHER THE FACT THAT HE BEGAN TRAVEL ON DECEMBER 1, 1943, TO REPORT FOR ACTIVE DUTY AFTER HIS RELEASE THEREFROM ON SEPTEMBER 1, 1943, CAN BE CONSIDERED AS PLACING HIM ON ACTIVE DUTY ON THAT DAY ALTHOUGH HE DID NOT ACTUALLY REPORT FOR ACTIVE DUTY UNTIL DECEMBER 2. IF NOT, THE RESULTANT INTERRUPTION IN HIS ACTIVE SERVICE WOULD BE MORE THAN NINETY DAYS AND THE ENLISTMENT ALLOWANCE WOULD BE COMPUTED ONLY ON HIS ACTIVE SERVICE FROM DECEMBER 2, 1943. WHILE THE MATTER IS NOT FREE FROM DOUBT, IT SHOULD BE NOTED THAT UNDER SECTION 7 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1176, 1177, ENLISTED MEN OF THE NAVAL RESERVE, WHEN EMPLOYED ON AUTHORIZED TRAVEL TO ACTIVE DUTY, ARE ENTITLED TO ACTIVE DUTY PAY AND ALLOWANCES. SEE, ALSO, THE ACT OF OCTOBER 30, 1941, 55 STAT. 758. SINCE THE MAN IS STATED TO HAVE ACTUALLY REPORTED FOR ACTIVE DUTY ON DECEMBER 2 AND ASSUMING THAT TRAVEL ON DECEMBER 1 WAS NECESSARY TO ENABLE HIM SO TO REPORT, DECEMBER 1 MAY BE CONSIDERED AS A DAY OF ACTIVE SERVICE WITHIN THE PURVIEW OF THE STATUTORY PROVISION HERE IN QUESTION. ACCORDINGLY, HE WOULD BE ENTITLED TO AN ENLISTMENT ALLOWANCE COMPUTED ON HIS ACTIVE SERVICE FROM MARCH 15, 1943.