B-82630, JUNE 2, 1949, 28 COMP. GEN. 678

B-82630: Jun 2, 1949

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1949: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 26. WHEREIN YOU REQUEST DECISION AS TO WHETHER OR NOT YOU ARE AUTHORIZED TO PAY AN ENLISTMENT ALLOWANCE TO STEPHEN HUTT. HUTT WAS GIVEN A BAD CONDUCT DISCHARGE FROM THE UNITED STATES NAVY ON JULY 9. HIS BAD CONDUCT DISCHARGE WAS CHANGED TO A DISCHARGE UNDER HONORABLE CONDITIONS. HE REENLISTED IN THE NAVY AND SINCE SUCH REENLISTMENT WAS WITHIN THREE MONTHS OF HIS DISCHARGE HE IS CLAIMING AN ENLISTMENT ALLOWANCE. AN ENLISTMENT ALLOWANCE IS PAYABLE. IF OTHER CONDITIONS ARE MET. HUTT ORIGINALLY WAS GIVEN A BAD CONDUCT DISCHARGE. NO ENLISTMENT ALLOWANCE COULD HAVE ACCRUED TO HIM ON HIS REENLISTMENT AND HE THEREFORE WOULD NOT BE ENTITLED TO SUCH ALLOWANCE UNLESS IT COULD BE CONSIDERED THAT THE CHANGE IN THE TYPE OF HIS DISCHARGE BY THE BOARD FOR CORRECTION OF NAVAL RECORDS WOULD OPERATE TO ENTITLE HIM THERETO.

B-82630, JUNE 2, 1949, 28 COMP. GEN. 678

ENLISTMENT ALLOWANCE BASED UPON CORRECTION OF RECORDS OF NAVAL PERSONNEL THE CORRECTION OF A NAVY ENLISTED MAN'S RECORD BY THE BOARD FOR CORRECTION OF THE NAVAL RECORDS, ESTABLISHED PURSUANT TO SECTION 207 OF THE LEGISLATIVE REORGANIZATION ACT OF 1946, TO SHOW A CHANGE IN THE TYPE OF DISCHARGE FROM A BAD CONDUCT DISCHARGE TO A DISCHARGE UNDER HONORABLE CONDITIONS, DOES NOT AUTHORIZE, UPON REENLISTMENT WITHIN THREE MONTHS OF DISCHARGE, THE PAYMENT OF THE ENLISTMENT ALLOWANCE PROVIDED BY THE FOURTH PARAGRAPH OF SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, FOR EVERY "HONORABLY DISCHARGED" ENLISTED MAN WHO REENLISTS WITHIN THREE MONTHS FROM THE DATE OF HIS DISCHARGE.

ASSISTANT COMPTROLLER GENERAL YATES TO A. ALBERT, DEPARTMENT OF THE NAVY, JUNE 2, 1949:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 26, 1948, FORWARDED TO THIS OFFICE BY LETTER DATED DECEMBER 30, 1948, FROM THE JUDGE ADVOCATE GENERAL OF THE NAVY, WHEREIN YOU REQUEST DECISION AS TO WHETHER OR NOT YOU ARE AUTHORIZED TO PAY AN ENLISTMENT ALLOWANCE TO STEPHEN HUTT, SEAMAN APPRENTICE, UNITED STATES NAVY, UNDER THE CIRCUMSTANCES HEREINAFTER SET FORTH.

IT APPEARS THAT, PURSUANT TO THE SENTENCE OF A GENERAL COURT MARTIAL, MR. HUTT WAS GIVEN A BAD CONDUCT DISCHARGE FROM THE UNITED STATES NAVY ON JULY 9, 1948, BUT THAT, AS A RESULT OF ACTION TAKEN ON SEPTEMBER 10, 1948, BY THE BOARD FOR CORRECTION OF NAVAL RECORDS, ESTABLISHED PURSUANT TO THE PROVISIONS OF SECTION 207 OF THE LEGISLATIVE REORGANIZATION ACT OF 1946, 60 STAT. 837, HIS BAD CONDUCT DISCHARGE WAS CHANGED TO A DISCHARGE UNDER HONORABLE CONDITIONS. THEREAFTER, ON SEPTEMBER 20, 1948, HE REENLISTED IN THE NAVY AND SINCE SUCH REENLISTMENT WAS WITHIN THREE MONTHS OF HIS DISCHARGE HE IS CLAIMING AN ENLISTMENT ALLOWANCE.

UNDER THE PROVISIONS OF THE FOURTH PARAGRAPH OF SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, AS AMENDED, 37 U.S.C., SUPP. I, 110, AN ENLISTMENT ALLOWANCE IS PAYABLE, IF OTHER CONDITIONS ARE MET, TO EVERY "HONORABLY DISCHARGED" ENLISTED MAN WHO REENLISTS WITHIN A PERIOD OF THREE MONTHS FROM THE DATE OF HIS DISCHARGE. SINCE MR. HUTT ORIGINALLY WAS GIVEN A BAD CONDUCT DISCHARGE, NO ENLISTMENT ALLOWANCE COULD HAVE ACCRUED TO HIM ON HIS REENLISTMENT AND HE THEREFORE WOULD NOT BE ENTITLED TO SUCH ALLOWANCE UNLESS IT COULD BE CONSIDERED THAT THE CHANGE IN THE TYPE OF HIS DISCHARGE BY THE BOARD FOR CORRECTION OF NAVAL RECORDS WOULD OPERATE TO ENTITLE HIM THERETO. HOWEVER, IN DECISION OF MAY 4, 1948, 27 COMP. GEN. 665, IT WAS HELD THAT SECTION 207 OF THE LEGISLATIVE REORGANIZATION ACT OF 1946, SUPRA, DOES NOT VEST IN THE HEADS OF THE SPECIFIED DEPARTMENTS OR IN THIS OFFICE ANY AUTHORITY TO ORDER OR DIRECT THE ALLOWANCE OR PAYMENT OF ANY CLAIM FOR MONEY, OR TO USE APPROPRIATED FUNDS TO PAY ANY CLAIM FOR MONEY, BASED ON CORRECTIONS MADE IN MILITARY OR NAVAL RECORDS OF AN INDIVIDUAL UNDER THE AUTHORITY OF THAT SECTION. ACCORDINGLY, MR. HUTT IS NOT ENTITLED TO THE ENLISTMENT ALLOWANCE IN QUESTION AND PAYMENT THEREOF IS NOT AUTHORIZED.