B-97763, SEPTEMBER 14, 1950, 30 COMP. GEN. 103

B-97763: Sep 14, 1950

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1950: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 30. REQUESTING DECISION AS TO THE LEGALITY OF CREDITING ENLISTED PERSONNEL OF THE NAVY WHO ARE DISCHARGED ON AND AFTER THE DATE OF ENACTMENT OF PUBLIC LAW 624. IT IS INDICATED THAT DOUBT HAS ARISEN AS TO WHETHER PUBLIC LAW 624 AND THE EXECUTIVE ORDER ISSUED PURSUANT THERETO TEMPORARILY OPERATE TO DEPRIVE ENLISTED MEMBERS WHO. VOLUNTARILY REENLIST OR EXTEND THEIR ENLISTMENTS OF THE BENEFITS TO WHICH THEY OTHERWISE WOULD HAVE BEEN ENTITLED. ARE ENTITLED. THE SECRETARY OF DEFENSE IS HEREBY DIRECTED TO TAKE SUCH STEPS AS HE MAY DEEM NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ORDER. IS TO PERMIT THE PRESIDENT TO RETAIN IN THE ARMED FORCES FOR A PERIOD OF NOT TO EXCEED 12 MONTHS THOSE MEMBERS WHOSE CURRENT ENLISTMENTS OR EXTENSIONS OF ENLISTMENTS WILL EXPIRE ON OR PRIOR TO JULY 9.

B-97763, SEPTEMBER 14, 1950, 30 COMP. GEN. 103

TRAVEL ALLOWANCE; MILITARY LEAVE PAYMENTS - NAVY ENLISTED MEN VOLUNTARILY REENLISTING OR EXTENDING ENLISTMENTS ENLISTED MEMBERS OF THE NAVY WHO, UPON DISCHARGE AT THE EXPIRATION OF THEIR ENLISTMENTS, VOLUNTARILY REENLIST OR EXTEND THEIR ENLISTMENTS DURING THE TEMPORARY PERIOD PROVIDED BY THE ACT OF JULY 27, 1950, AND EXECUTIVE ORDER NO. 10145 ISSUED PURSUANT THERETO, EXTENDING ALL ENLISTMENTS IN THE ARMED SERVICES FOR A PERIOD NOT TO EXCEED 12 MONTHS, MAY BE PAID TRAVEL ALLOWANCE AND FOR UNUSED LEAVE TO THEIR CREDIT AT THE TIME OF SUCH DISCHARGE.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, SEPTEMBER 14, 1950:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 30, 1950, REQUESTING DECISION AS TO THE LEGALITY OF CREDITING ENLISTED PERSONNEL OF THE NAVY WHO ARE DISCHARGED ON AND AFTER THE DATE OF ENACTMENT OF PUBLIC LAW 624, 81ST CONGRESS, APPROVED JULY 27, 1950, UPON NORMAL EXPIRATION OF THEIR CONTRACT OF ENLISTMENT, AND WHO IMMEDIATELY REENLIST OR EXTEND THEIR ENLISTMENT, AS AUTHORIZED BY LAW, WITH TRAVEL ALLOWANCE AND CASH SETTLEMENT FOR UNUSED LEAVE. IT IS INDICATED THAT DOUBT HAS ARISEN AS TO WHETHER PUBLIC LAW 624 AND THE EXECUTIVE ORDER ISSUED PURSUANT THERETO TEMPORARILY OPERATE TO DEPRIVE ENLISTED MEMBERS WHO, UPON NORMAL EXPIRATION OF THEIR ENLISTMENTS, VOLUNTARILY REENLIST OR EXTEND THEIR ENLISTMENTS OF THE BENEFITS TO WHICH THEY OTHERWISE WOULD HAVE BEEN ENTITLED.

UNDER EXISTING LAW, ENLISTED MEMBERS OF THE NAVY, UPON DISCHARGE OR EXTENSION OF ENLISTMENT AT THE END OF THEIR ENLISTMENT PERIODS, ARE ENTITLED, UNDER REGULATIONS ISSUED BY THE SECRETARY, TO RECEIVE A MONEY ALLOWANCE OF 5 CENTS PER MILE FOR THE DISTANCE FROM THE PLACE OF DISCHARGE OR RELEASE FROM ACTIVE DUTY, OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY, OR SUCH OTHER PLACE AS MAY BE DETERMINED TO BE MOST APPROPRIATE BY THE SECRETARY OF THE NAVY. SEE SECTION 126 OF THE NATIONAL DEFENSE ACT OF 1916, AS AMENDED BY SECTION 21 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 856; THE ACT OF AUGUST 22, 1912, 37 STAT. 331, AS AMENDED, 34 U.S.C. 184; AND 29 COMP. GEN. 410. ALSO, SECTION 4 OF THE ARMED FORCES LEAVE ACT OF 1946, 60 STAT. 964, AS AMENDED BY SECTION 1 OF THE ACT OF AUGUST 4, 1947, 61 STAT. 748, PROVIDES FOR COMPENSATING MEMBERS OF THE ARMED FORCES FOR UNUSED LEAVE STANDING TO THEIR CREDIT AT THE TIME OF DISCHARGE, WITH THE PROVISO, INSOFAR AS HERE MATERIAL, THAT NO CASH SETTLEMENT SHALL BE MADE TO ANY MEMBER DISCHARGED FOR THE PURPOSE OF ENTERING INTO AN ENLISTMENT IN HIS RESPECTIVE BRANCH OF THE ARMED FORCES. SECTION 2 (B) OF THE SAID ACT (60 STAT. 963) DEFINES THE TERM "DISCHARGE" AS MEANING, INTER ALIA, SEPARATION OR RELEASE FROM ACTIVE DUTY UNDER HONORABLE CONDITIONS BUT A DISCHARGE AT THE END OF AN ENLISTMENT PERIOD HAS NOT BEEN REGARDED AS A DISCHARGE FOR THE PURPOSE OF ENLISTING OR REENLISTING, ALTHOUGH IMMEDIATELY FOLLOWED BY SUCH A REENLISTMENT.

PUBLIC LAW 624, APPROVED JULY 27, 1950, 64 STAT. 379, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

THAT UNTIL JULY 9, 1951, THE PRESIDENT SHALL BE AUTHORIZED TO EXTEND ALL ENLISTMENTS IN ANY COMPONENT OF THE ARMY OF THE UNITED STATES, THE UNITED STATES NAVY, AND THE UNITED STATES MARINE CORPS, INCLUDING THE NAVAL RESERVE AND THE MARINE CORPS RESERVE, AND IN ANY COMPONENT OF THE AIR FORCE OF THE UNITED STATES FOR A PERIOD OF NOT TO EXCEED TWELVE MONTHS * *

EXECUTIVE ORDER NO. 10145, DATED JULY 27, 1950, PROVIDES AS FOLLOWS:

BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE ACT OF THIS DATE, ENTITLED," AN ACT TO AUTHORIZE THE PRESIDENT TO EXTEND ENLISTMENTS IN THE ARMED FORCES OF THE UNITED STATES," AND AS PRESIDENT OF THE UNITED STATES, I HEREBY EXTEND FOR A PERIOD OF TWELVE MONTHS ALL ENLISTMENTS IN THE ARMY, THE UNITED STATES NAVY, AND THE UNITED STATES MARINE CORPS, INCLUDING THE NAVAL RESERVE AND THE MARINE CORPS RESERVE, AND IN ANY COMPONENT OF THE AIR FORCE OF THE UNITED STATES, WHICH SHALL EXPIRE AT ANY TIME AFTER THE DATE OF THIS ORDER AND PRIOR TO JULY 9, 1951: PROVIDED, THAT NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO PREVENT VOLUNTARY RE-ENLISTMENTS OR VOLUNTARY EXTENSION OF EXISTING ENLISTMENTS UNDER PROVISIONS OF APPLICABLE LAWS OR THE REGULATIONS OF THE DEPARTMENTS OF THE ARMY, NAVY AND AIR FORCE.

THE SECRETARY OF DEFENSE IS HEREBY DIRECTED TO TAKE SUCH STEPS AS HE MAY DEEM NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ORDER.

THE APPARENT PURPOSE OF THE SAID ACT OF JULY 27, 1950, IS TO PERMIT THE PRESIDENT TO RETAIN IN THE ARMED FORCES FOR A PERIOD OF NOT TO EXCEED 12 MONTHS THOSE MEMBERS WHOSE CURRENT ENLISTMENTS OR EXTENSIONS OF ENLISTMENTS WILL EXPIRE ON OR PRIOR TO JULY 9, 1951, AND WHO OTHERWISE WOULD NOT REMAIN IN THE ARMED FORCES UPON NORMAL EXPIRATION OF THEIR CURRENT ENLISTMENTS. HOWEVER, THERE IS NO INDICATION THAT THE CONGRESS INTENDED DURING SUCH TEMPORARY PERIOD TO PROHIBIT DISCHARGES AND VOLUNTARY REENLISTMENTS OR VOLUNTARY EXTENSIONS OF ENLISTMENTS, WITH THE RESULTING MONETARY BENEFITS INCIDENT THERETO. THE ACT IS SIMILAR IN THAT RESPECT TO THE ACT OF DECEMBER 13, 1941, 55 STAT. 799, WHICH AUTHORIZED THE SECRETARY OF THE NAVY (IN TIME OF WAR) TO EXTEND ENLISTMENTS IN THE NAVAL FORCES FOR SUCH ADDITIONAL TIME AS HE MIGHT DEEM NECESSARY IN THE INTERESTS OF NATIONAL DEFENSE. IN DECISIONS OF DECEMBER 19, 1942, AND DECEMBER 11, 1943 (22 COMP. GEN. 548; 23 ID. 419), IT WAS RECOGNIZED THAT THE SAID 1941 ACT, AND ITS IMPLEMENTING REGULATIONS, DID NOT INTEND TO STOP DISCHARGES AND VOLUNTARY REENLISTMENTS--- FOR TERMS THAT MIGHT EXTEND YEARS BEYOND THE WAR--- AND THAT ENLISTED PERSONNEL OF THE NAVY WHO VOLUNTARILY REENLISTED OR EXTENDED THEIR ENLISTMENTS DURING THE WAR PERIOD WERE ENTITLED TO REENLISTMENT ALLOWANCE AND TRAVEL ALLOWANCE OTHERWISE AUTHORIZED UNDER EXISTING LAW UPON REENLISTMENT. ALSO, SEE 23 COMP. GEN. 117. MOREOVER, IT APPEARS THAT THE PRESIDENT MADE IT AMPLY CLEAR IN HIS EXECUTIVE ORDER OF JULY 27, 1950, THAT, ALTHOUGH HE EXTENDED, FOR A PERIOD OF 12 MONTHS, ALL ENLISTMENTS IN THE SPECIFIED BRANCHES AND COMPONENTS WHICH OTHERWISE WOULD EXPIRE JULY 27, 1950, AND BEFORE JULY 9, 1951, NOTHING CONTAINED IN SUCH ORDER WAS TO BE CONSTRUED TO PREVENT OF EXISTING ENLISTMENTS "UNDER PROVISIONS OF APPLICABLE LAWS.'

YOU ARE ADVISED, ACCORDINGLY, THAT PAYMENTS OF TRAVEL ALLOWANCE AND FOR UNUSED LEAVE TO THE CREDIT OF A MEMBER AT THE TIME OF HIS DISCHARGE ARE AUTHORIZED IN OTHERWISE PROPER CASES UPON DISCHARGE AND REENLISTMENT OR VOLUNTARY EXTENSION OF ENLISTMENT DURING THE TEMPORARY PERIOD PROVIDED FOR IN THE ACT OF JULY 27, 1950.