B-74570, FEBRUARY 17, 1949, 28 COMP. GEN. 460

B-74570: Feb 17, 1949

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UNDER THE PROVISIONS OF SECTION 305 (A) OF THE 1947 ACT PERSONS ENLISTING OR REENLISTING IN THE AIR FORCE ARE ENTITLED TO AN ENLISTMENT ALLOWANCE BASED ON THEIR PAST SERVICE IN THE AIR FORCE AND ITS COMPONENTS. ENLISTED MEN WHO WERE TRANSFERRED FROM THE ARMY TO THE AIR FORCE AND WHO SUBSEQUENTLY WERE DISCHARGED AS MEMBERS OF THE AIR FORCE ARE ENTITLED UNDER SECTION 208 (C) AND THE SAVING PROVISIONS OF SECTION 305 (A) OF THE NATIONAL SECURITY ACT OF 1947 TO AN ENLISTMENT ALLOWANCE UPON THEIR FIRST SUBSEQUENT ENLISTMENT IN THE AIR FORCE OR REENLISTMENT IN THE REGULAR ARMY MEASURED BY THEIR COMBINED PRIOR CONTINUOUS ACTIVE FEDERAL SERVICE IN THE AIR FORCE AND THE ARMY AS PROVIDED IN SECTION 8 OF THE ACT OF OCTOBER 6.

B-74570, FEBRUARY 17, 1949, 28 COMP. GEN. 460

ENLISTMENT ALLOWANCE - EFFECT OF THE NATIONAL SECURITY ACT OF 1947 THE ESTABLISHMENT OF THE NATIONAL MILITARY ESTABLISHMENT UNDER THE NATIONAL SECURITY ACT OF 1947 DOES NOT OPERATE TO CREATE A RIGHT TO AN ENLISTMENT ALLOWANCE AUTHORIZED BY SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, INCIDENT TO AN ENLISTMENT IN THE REGULAR NAVY FOLLOWING DISCHARGE FROM THE ARMY OR AIR FORCE, OR VICE VERSA; HOWEVER, UNDER THE PROVISIONS OF SECTION 305 (A) OF THE 1947 ACT PERSONS ENLISTING OR REENLISTING IN THE AIR FORCE ARE ENTITLED TO AN ENLISTMENT ALLOWANCE BASED ON THEIR PAST SERVICE IN THE AIR FORCE AND ITS COMPONENTS. ENLISTED MEN WHO WERE TRANSFERRED FROM THE ARMY TO THE AIR FORCE AND WHO SUBSEQUENTLY WERE DISCHARGED AS MEMBERS OF THE AIR FORCE ARE ENTITLED UNDER SECTION 208 (C) AND THE SAVING PROVISIONS OF SECTION 305 (A) OF THE NATIONAL SECURITY ACT OF 1947 TO AN ENLISTMENT ALLOWANCE UPON THEIR FIRST SUBSEQUENT ENLISTMENT IN THE AIR FORCE OR REENLISTMENT IN THE REGULAR ARMY MEASURED BY THEIR COMBINED PRIOR CONTINUOUS ACTIVE FEDERAL SERVICE IN THE AIR FORCE AND THE ARMY AS PROVIDED IN SECTION 8 OF THE ACT OF OCTOBER 6, 1945; HOWEVER, THE RIGHT OF SUCH TRANSFERRED MEN TO ANY SUBSEQUENT ENLISTMENT ALLOWANCE WOULD BE LIMITED TO CASES OF REENLISTMENT IN THE PARTICULAR BRANCH OF SERVICE FROM WHICH LAST DISCHARGED.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE ARMY, FEBRUARY 17, 1949:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MARCH 16, 1948, REQUESTING DECISION ON A QUESTION CONCERNING THE PAYMENT OF ENLISTMENT ALLOWANCE WHICH HAS ARISEN BY REASON OF THE ESTABLISHMENT OF THREE SEPARATE DEPARTMENTS WITHIN THE NATIONAL MILITARY ESTABLISHMENT UNDER THE NATIONAL SECURITY ACT OF 1947, PUBLIC LAW 253, APPROVED JULY 26, 1947, 60 STAT. 495, AND THE SEPARATION OF THE AIR FORCE FROM THE DEPARTMENT OF THE ARMY PURSUANT TO THE PROVISIONS OF THAT ACT, WHICH WAS EFFECTED JANUARY 3, 1948, UNDER JOINT ARMY AND AIR FORCE ADJUSTMENT REGULATIONS 1-1-1, 1947.

IT IS POINTED OUT IN YOUR LETTER THAT PRIOR TO PASSAGE OF THE NATIONAL SECURITY ACT OF 1947, THERE WAS NO RIGHT TO ENLISTMENT ALLOWANCE AS BETWEEN THE ARMY AND THE NAVY, INCLUDING THE MARINE CORPS, BUT THAT WITH THE PASSAGE OF THE 1947 ACT DOUBT ARISES AS TO THE RIGHT TO ENLISTMENT ALLOWANCE INCIDENT TO ENLISTMENTS BETWEEN THE ARMY AND THE NAVY, INCLUDING THE MARINE CORPS, BUT THAT WITH THE PASSAGE OF THE 1947 ACT DOUBT ARISES AS TO THE RIGHT TO ENLISTMENT ALLOWANCE INCIDENT TO ENLISTMENTS BETWEEN THE ARMY AND THE NAVY, INCLUDING THE MARINE CORPS, AND ALSO, BETWEEN THE ARMY AND THE AIR FORCE.

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, GOVERNING THE PAYMENT OF ENLISTMENT ALLOWANCE, PROVIDES IN PART 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 (55 STAT. 629) ( 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 (55 STAT. 629) ( 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 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, 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 NAVY 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.

THE SAID SECTION 10 AS AMENDED WAS FURTHER AMENDED IN CERTAIN RESPECTS NOT HERE MATERIAL BY PUBLIC LAW 128, APPROVED JUNE 28, 1947, 60 STAT. 191, 192.

THE NATIONAL SECURITY ACT OF 1947 ESTABLISHED THE NATIONAL MILITARY ESTABLISHMENT CONSISTING OF THE DEPARTMENT OF THE ARMY, THE DEPARTMENT OF THE NAVY, THE DEPARTMENT OF THE AIR FORCE, AND CERTAIN OTHER SPECIFIED AGENCIES, TO BE ADMINISTERED AS INDIVIDUAL EXECUTIVE DEPARTMENTS BY THEIR RESPECTIVE SECRETARIES. SEE SECTIONS 201 AND 202 (A) OF THE SAID ACT, 61 STAT. 499, 500. THE DEPARTMENT OF THE NAVY IS DEFINED AS INCLUDING THE UNITED STATES NAVY, THE MARINE CORPS AND THE U.S. COAST GUARD WHEN OPERATING AS A PART OF THE NAVY PURSUANT TO LAW. SEE SECTION 206 (A), 60 STAT. 501. THE PURPOSE OF THE SAID ACT IS SET FORTH IN SECTION 2 THEREOF, 60 STAT. 496, AS OLLOWS:

SEC. 2. IN ENACTING THIS LEGISLATION, IT IS THE INTENT OF CONGRESS TO PROVIDE A COMPREHENSIVE PROGRAM FOR THE FUTURE SECURITY OF THE UNITED STATES; TO PROVIDE FOR THE ESTABLISHMENT OF INTEGRATED POLICIES AND PROCEDURES FOR THE DEPARTMENTS, AGENCIES, AND FUNCTIONS OF THE GOVERNMENT RELATING TO THE NATIONAL SECURITY; TO PROVIDE THREE MILITARY DEPARTMENTS FOR THE OPERATION AND ADMINISTRATION OF THE ARMY, THE NAVY (INCLUDING NAVAL AVIATION AND THE UNITED STATES MARINE CORPS), AND THE AIR FORCE, WITH THEIR ASSIGNED COMBAT AND SERVICE COMPONENTS; TO PROVIDE FOR THEIR AUTHORITATIVE COORDINATION AND UNIFIED DIRECTION UNDER CIVILIAN CONTROL BUT NOT TO MERGE THEM; TO PROVIDE FOR THE EFFECTIVE STRATEGIC DIRECTION OF THE ARMED FORCES AND FOR THEIR OPERATION UNDER UNIFIED CONTROL AND FOR THEIR INTEGRATION INTO AN EFFICIENT TEAM OF LAND, NAVAL, AND AIR FORCES.

SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, SUPRA, AUTHORIZES THE PAYMENT OF AN ENLISTMENT ALLOWANCE TO PERSONS WHO ENLIST OR REENLIST IN THE " REGULAR MILITARY ESTABLISHMENT" ON OR AFTER JUNE 1, 1945, OR IN THE " REGULAR NAVAL ESTABLISHMENT" ON OR AFTER FEBRUARY 1, 1945.

THE TERMS " REGULAR MILITARY ESTABLISHMENT" AND " REGULAR NAVAL ESTABLISHMENT" USED IN SECTION 10 OF THE PAY READJUSTMENT ACT, AS AMENDED, ARE NOT FOUND IN THE NATIONAL SECURITY ACT, BUT UNDER THE RESPECTIVE DEPARTMENTS NOW FORMING PART OF THE " NATIONAL MILITARY ESTABLISHMENT" THE FUNCTION AND PURPOSES OF THE " UNITED STATES ARMY," " UNITED STATES NAVY" AND " UNITED STATES AIR FORCE" ARE BRIEFLY SET FORTH, AND IN THIS RESPECT SECTION 2, SUPRA, DEFINITELY PROHIBITS THE MERGER THEREOF. IT LONG HAS BEEN HELD THAT THE TERM "REENLISTMENT" AS USED IN STATUTES SUBSTANTIALLY THE SAME AS AMENDED SECTION 10 SIGNIFIES THEIR ENTRY INTO THE SAME BRANCH OF THE REGULAR SERVICE FROM WHICH HONORABLE DISCHARGED AS AN INDUCEMENT FOR TRAINED MEN VOLUNTARILY TO REENLIST IN THE BRANCH OF THE SERVICE FROM WHICH DISCHARGED. 27 COMP. DEC. 170, 172. AND WITH RESPECT TO INITIAL ENLISTMENTS IN THE REGULAR SERVICES FOLLOWING DISCHARGE FROM A COMPONENT OF SUCH SERVICE, AS NOW EMBRACED IN THE ACT OF SEPTEMBER 7, 1944, SUPRA, SUCH PREVIOUS SERVICE IS LIMITED TO PRIOR ACTIVE SERVICE IN A COMPONENT OF THE BRANCH OF THE SERVICE IN WHICH THE ENLISTMENT OCCURRED. IT APPEARS CLEAR, THEREFORE, THAT THE REQUIREMENT FOR THE LAWFUL PAYMENT OF AN ENLISTMENT ALLOWANCE, OTHER CONDITIONS BEING MET, IS A VOLUNTARY ENLISTMENT OR REENLISTMENT IN THE REGULAR COMPONENT OF THE MILITARY OR NAVAL SERVICE FROM WHICH LAST DISCHARGED. HENCE, THE ESTABLISHMENT OF THE NATIONAL MILITARY ESTABLISHMENT DOES NOT OPERATE TO CREATE A RIGHT TO AN ENLISTMENT ALLOWANCE INCIDENT TO AN ENLISTMENT IN THE REGULAR NAVY FOLLOWING DISCHARGE FROM THE ARMY OR AIR FORCE, OR VICE VERSA.

THERE REMAINS FOR CONSIDERATION THE QUESTION AS TO WHETHER A RIGHT TO AN ENLISTMENT ALLOWANCE EXISTS BETWEEN THE ARMY AND THE AIR FORCE. SECTION 305 (A) OF THE NATIONAL SECURITY ACT OF 1947, 61 STAT. 508, PROVIDES AS FOLLOWS:

ALL LAWS, ORDERS, REGULATIONS AND OTHER ACTIONS APPLICABLE WITH RESPECT TO ANY FUNCTION, ACTIVITY, PERSONNEL, PROPERTY, RECORDS, OR OTHER THING TRANSFERRED UNDER THIS ACT, OR WITH RESPECT TO ANY OFFICER, DEPARTMENT OR AGENCY, FROM WHICH SUCH TRANSFER IS MADE, SHALL, EXCEPT TO THE EXTENT RESCINDED, MODIFIED, SUPERSEDED, TERMINATED, OR MADE INAPPLICABLE BY OR UNDER AUTHORITY OF LAW, HAVE THE SAME EFFECT AS IF SUCH TRANSFER HAD NOT BEEN MADE; BUT, AFTER ANY SUCH TRANSFER, ANY SUCH LAW, ORDER, REGULATION, OR OTHER ACTION WHICH VESTED FUNCTIONS IN OR OTHERWISE RELATED TO ANY OFFICER, DEPARTMENT, OR AGENCY FROM WHICH SUCH TRANSFER WAS MADE SHALL, INSOFAR AS APPLICABLE WITH RESPECT TO THE FUNCTION, ACTIVITY, PERSONNEL, PROPERTY, RECORDS OR OTHER THING TRANSFERRED AND TO THE EXTENT NOT INCONSISTENT WITH OTHER PROVISIONS OF THIS ACT, BE DEEMED TO HAVE VESTED SUCH FUNCTION IN OR RELATE TO THE OFFICER, DEPARTMENT, OR AGENCY TO WHICH THE TRANSFER WAS MADE.

THE ABOVE-QUOTED SECTION IS FOUND UNDER THE SUBHEAD " SAVING PROVISIONS," BUT A MOST CAREFUL ANALYSIS OF ITS COMPLICATED VERBIAGE LEAVES SUBSTANTIAL DOUBT AS TO ITS FULL IMPORT, INTENT, AND MEANING, WITH NOTHING IN THE LEGISLATIVE HISTORY OF THE ACT AFFORDING MUCH HELP IN RESOLVING ITS PURPOSE. RESPECTING THE PRESENT PROBLEM, HOWEVER, IT IS TO BE NOTED THAT THE FIRST PART OF THE SUBSECTION PROVIDES THAT ALL LAWS APPLICABLE WITH RESPECT TO ANY FUNCTION, ACTIVITY, PERSONNEL, C., "TRANSFERRED UNDER THIS ACT" SHALL HAVE THE SAME EFFECT "AS IF SUCH TRANSFER HAD NOT BEEN DE," AND IN THE LANGUAGE IMMEDIATELY FOLLOWING IT IS PROVIDED THAT "AFTER ANY SUCH TRANSFER" ANY SUCH LAW WHICH RELATED TO ANY DEPARTMENT FROM WHICH SUCH TRANSFER WAS MADE SHALL (INSOFAR AS APPLICABLE WITH RESPECT TO THE FUNCTION, ACTIVITY, PERSONNEL, ETC., SO TRANSFERRED) BE DEEMED TO ,RELATE" TO THE DEPARTMENT TO WHICH THE TRANSFER WAS MADE. AS BETWEEN THE ARMY AND THE PERSONNEL, FUNCTIONS, AND ACTIVITIES TRANSFERRED TO THE AIR FORCE CREATED BY THE ACT, SOME SUCH PROVISION WAS NECESSARY FOR THE NEWLY CREATED INDEPENDENT AIR FORCE TO OPERATE, AND I THINK THERE IS NO DOUBT THAT THIS PROVISION AT LEAST HAD THE EFFECT OF EXTENDING THE ENLISTMENT ALLOWANCE STATUTE TO THE PERSONNEL OF SUCH NEWLY CREATED AIR FORCE, AND IT IS CONCLUDED, THEREFORE, THAT PERSONS THEREAFTER ENLISTING OR REENLISTING IN THE AIR FORCE ARE ENTITLED TO AN ENLISTMENT ALLOWANCE BASED ON THEIR PAST SERVICE IN THE AIR FORCE AND ITS COMPONENTS ON THE SAME BASIS AS THOUGH THE AIR FORCE HAD BEEN SEPARATELY AND EXPRESSLY NAMED IN THE SAID ENLISTMENT ALLOWANCE STATUTE, AS AMENDED.

MORE DIFFICULTY ARISES, HOWEVER, WITH RESPECT TO THE SERVICE TO BE CREDITED FOR ENLISTMENT ALLOWANCE PURPOSES IN CASES OF THE FIRST SUBSEQUENT ENLISTMENT IN THE AIR FORCE OR REENLISTMENT IN THE REGULAR ARMY OF THOSE ENLISTED MEN WHO WERE TRANSFERRED FROM THE ARMY AND WHO SUBSEQUENTLY WERE DISCHARGED AS MEMBERS OF THE AIR FORCE. SUCH ENLISTED MEN WERE TRANSFERRED TO THE AIR FORCE BY OPERATION OF LAW RATHER THAN BY VIRTUE OF ANY VOLUNTARY ACTION ON THEIR PART. UNDER SECTION 208 (C) OF THE ACT, 61 STAT. 504, THEY SHALL NOT BE DEEMED TO HAVE BEEN APPOINTED TO A NEW OR DIFFERENT OFFICE OR GRADE, OR TO HAVE THEIR PERMANENT OR TEMPORARY APPOINTMENT IN ANY EXISTING COMPONENT OF THE ARMED FORCES AFFECTED SOLELY BY VIRTUE OF ANY CHANGE IN STATUS UNDER THIS SUBSECTION. THIS SECTION 208 (C) PROVIDES FURTHER AS FOLLOWS:

* * * NO SUCH CHANGE IN STATUS SHALL ALTER OR PREJUDICE THE STATUS OF ANY INDIVIDUAL SO ASSIGNED, SO AS TO DEPRIVE HIM OF ANY RIGHT, BENEFIT, OR PRIVILEGE TO WHICH HE MAY BE ENTITLED UNDER EXISTING LAW.

ONE OF THE EVIDENT PURPOSES OF THE PROVISION JUST QUOTED, PARTICULARLY WHEN READ IN CONJUNCTION WITH THE SAVING PROVISIONS IN SECTION 305 (A), SUPRA, WAS TO PREVENT THE LOSS OF ANY BENEFITS OR PRIVILEGES TO WHICH ENLISTED MEN OF THE ARMY, TRANSFERRED TO THE AIR FORCE BY VIRTUE OF THE NATIONAL SECURITY ACT, WOULD HAVE BEEN ENTITLED IF THEY HAD NOT BEEN SO TRANSFERRED. AMONG SUCH PRIVILEGES WAS THAT OF SUBSEQUENTLY REENLISTING IN THE REGULAR ARMY AND RECEIVING AN ENLISTMENT ALLOWANCE BASED ON THEIR PRIOR CONTINUOUS SERVICE IN THE ARMY. THEY SHOULD NOT LOSE THE BENEFIT OF THEIR PRIOR ARMY SERVICE IN THIS RESPECT BY TRANSFER TO THE AIR FORCE. HENCE, IT IS CONCLUDED THAT UPON THEIR FIRST ENLISTMENT IN THE UNITED STATES AIR FORCE, FOLLOWING TRANSFER TO AND DISCHARGE THEREFROM, SUCH MEN ARE ENTITLED TO BE PAID AN ENLISTMENT ALLOWANCE, IF OTHERWISE PROPER, MEASURED BY PRIOR SERVICE WITH THE AIR FORCE UNDER SUCH TRANSFER FROM THE ARMY, PLUS THEIR PRIOR CONTINUOUS ACTIVE FEDERAL SERVICE IN THE ARMY, UNDER THE PROVISIONS OF SECTION 8 OF THE ARMED FORCES RECRUITMENT ACT, AND WHILE NOT FREE FROM DOUBT, THE FURTHER CONCLUSION APPEARS WARRANTED UNDER THE PROVISIONS OF SECTION 208 (C), REFERRED TO ABOVE, AND THE SAVING PROVISIONS IN SECTION 305 (A), THAT SINCE SUCH TRANSFERRED MEN CLEARLY WOULD HAVE HAD THE PRIVILEGE OF REENLISTING IN THE REGULAR ARMY, WITH AN ENLISTMENT ALLOWANCE, HAD THEY NOT BEEN INVOLUNTARILY TRANSFERRED TO THE AIR FORCE, THEY ARE ENTITLED TO AN ENLISTMENT ALLOWANCE UPON A TIMELY REENLISTMENT IN THE REGULAR ARMY FOLLOWING THEIR FIRST DISCHARGE AFTER SUCH TRANSFER TO THE AIR FORCE, MEASURED BY THEIR COMBINED PRIOR CONTINUOUS ACTIVE FEDERAL SERVICES IN THE AIR FORCE AND THE ARMY, AS OTHERWISE PROVIDED BY THE SAID ARMED FORCES RECRUITMENT ACT. THIS CONCLUSION FINDS SUPPORT, ALSO, FROM THE FACT THAT THEIR DISCHARGE FROM SERVICE WITH THE INDEPENDENT AIR FORCE NECESSARILY WAS THE TERMINATION OF SERVICE WHICH COMMENCED IN THE ARMY; HENCE AN ENLISTMENT IN THE REGULAR ARMY FOLLOWING DISCHARGE FROM SERVICE WITH THE IR FORCE ACTUALLY WOULD CONSTITUTE A "REENLISTMENT" IN THOSE CASES WHERE THE MEN WERE TRANSFERRED TO THE AIR FORCE BY OPERATION OF LAW. HOWEVER, IN THE ABSENCE OF SPECIFIC LEGISLATION PROVIDING OTHERWISE, THE RIGHT IN EITHER CASE OF SUCH TRANSFERRED MEN TO ANY SUBSEQUENT ENLISTMENT ALLOWANCE AFTER SUCH FIRST ADJUSTMENT WOULD BE LIMITED TO CASES OF REENLISTMENT IN THE REGULAR COMPONENT OF THE PARTICULAR BRANCH OF SERVICE, EITHER THE ARMY OR THE AIR FORCE, FROM WHICH THEY WERE LAST DISCHARGED.