B-98885, MAY 10, 1951

B-98885: May 10, 1951

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THE ENLISTED MAN'S PAY RECORD INDICATES THAT HE WAS PAID A REENLISTMENT TRAVEL ALLOWANCE FROM FORT LAWTON. IT APPEARS THAT THE ENLISTED MAN WAS DISCHARGED OCTOBER 31. HE WAS PAID AN ENLISTMENT ALLOWANCE OF $200 UNDER THE PROVISIONS OF SECTION 207(D) OF THE CAREER COMPENSATION ACT OF 1949. HE WAS PAID REENLISTMENT FURLOUGH TRAVEL ALLOWANCE FROM FORT LAWTON. INDICATING THAT HE MAY HAVE PERFORMED NO MILITARY DUTY FROM DATE OF REENLISTMENT NOVEMBER 1. HE WAS DISCHARGED DECEMBER 12. HE WAS PAID A REENLISTMENT BONUS OF $360 INCIDENT TO SUCH REENLISTMENT. SUCH DISCHARGE AND REENLISTMENT WERE ISSUED PURSUANT TO THE AUTHORITY CONTAINED IN PARAGRAPH 12(C). E-6 OR E-5 WHO HAVE LESS THAN THREE YEARS REMAINING IN THEIR CURRENT ENLISTMENT MAY BE DISCHARGED FOR THE CONVENIENCE OF THE GOVERNMENT UNDER AR 615-365 FOR THE ARMY AND AFR 39-14 FOR THE AIR FORCE.

B-98885, MAY 10, 1951

PRECIS-UNAVAILABLE

THE HONORABLE THE SECRETARY OF DEFENSE:

THERE HAS COME TO ATTENTION IN THE AUDIT OF THE MILITARY PAY RECORD OF SERGEANT ARNOLD E. CARR, SERVICE NO. RA6906945, PAYMENTS OF ENLISTMENT ALLOWANCE AND REENLISTMENT BONUS IN THE AMOUNTS OF $200 AND $360, RESPECTIVELY, INCIDENT TO HIS REENLISTMENTS IN THE REGULAR ARMY NOVEMBER 1 AND DECEMBER 13, 1949. ALSO, THE ENLISTED MAN'S PAY RECORD INDICATES THAT HE WAS PAID A REENLISTMENT TRAVEL ALLOWANCE FROM FORT LAWTON, WASHINGTON, TO AUBURN, NEW YORK (5,722 MILES) IN THE AMOUNT OF $286.10 INCIDENT TO EACH REENLISTMENT.

IT APPEARS THAT THE ENLISTED MAN WAS DISCHARGED OCTOBER 31, 1949, UPON EXPIRATION OF HIS FOUR-YEAR TERM OF ENLISTMENT AND REENLISTED THE FOLLOWING DAY FOR THREE YEARS. UPON SUCH REENLISTMENT NOVEMBER 1, 1949, HE WAS PAID AN ENLISTMENT ALLOWANCE OF $200 UNDER THE PROVISIONS OF SECTION 207(D) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, APPARENTLY HAVING ELECTED TO RECEIVE THE ENLISTMENT ALLOWANCE AUTHORIZED UNDER THE LAW IN EFFECT PRIOR TO THE ENACTMENT OF THE SAID CAREER COMPENSATION ACT. ALSO, HE WAS PAID REENLISTMENT FURLOUGH TRAVEL ALLOWANCE FROM FORT LAWTON, WASHINGTON, TO AUBURN, NEW YORK, IN THE AMOUNT OF $286.10 (LESS $147.85 PREVIOUSLY PAID) AND A "SEPARATE RATION" (POSSIBLY FURLOUGH RATION) FROM NOVEMBER 1 TO DECEMBER 12, 1949, INDICATING THAT HE MAY HAVE PERFORMED NO MILITARY DUTY FROM DATE OF REENLISTMENT NOVEMBER 1, 1949, TO DATE OF DISCHARGE DECEMBER 12, 1949. ANY EVENT, AFTER SERVING 42 DAYS OF HIS THREE-YEAR ENLISTMENT, HE WAS DISCHARGED DECEMBER 12, 1949, AND REENLISTED THE FOLLOWING DAY FOR AN UNSPECIFIED PERIOD OF TIME AMOUNTING TO MORE THAN SIX YEARS, HE WAS PAID A REENLISTMENT BONUS OF $360 INCIDENT TO SUCH REENLISTMENT, AND ALSO AGAIN PAID A REENLISTMENT FURLOUGH TRAVEL ALLOWANCE TO FORT LAWTON, WASHINGTON, TO AUBURN, NEW YORK (5,722 MILES), IN THE AMOUNT OF $286.10.

PRESUMABLY, SUCH DISCHARGE AND REENLISTMENT WERE ISSUED PURSUANT TO THE AUTHORITY CONTAINED IN PARAGRAPH 12(C), SPECIAL REGULATIONS 615-105 1, APPROVED BY ORDER OF THE SECRETARIES OF THE ARMY AND THE AIR FORCE SEPTEMBER 6, 1950, WHICH PROVIDE THAT REGULAR ARMY OR AIR FORCE ENLISTED PERSONS SERVING IN GRADE E-7, E-6 OR E-5 WHO HAVE LESS THAN THREE YEARS REMAINING IN THEIR CURRENT ENLISTMENT MAY BE DISCHARGED FOR THE CONVENIENCE OF THE GOVERNMENT UNDER AR 615-365 FOR THE ARMY AND AFR 39-14 FOR THE AIR FORCE, FOR THE PURPOSE OF REENLISTING FOR AN UNSPECIFIED PERIOD OF TIME IN THE ARMED FORCE FROM WHICH DISCHARGED ONLY, PROVIDED THAT ENLISTMENT IS ACCOMPLISHED THE DAY FOLLOWING DISCHARGE. THE SAID SPECIAL REGULATIONS PROVIDE THAT DISCHARGES AND REENLISTMENTS ARE NOT MANDATORY UNDER SUCH CIRCUMSTANCES BUT WILL BE APPROVED BY RESPONSIBLE COMMANDERS ONLY WHEN IT IS DETERMINED THAT SUCH ACTION WILL SERVE THE BEST INTEREST OF THE ARMY OR AIR FORCE. THE SUPERSEDED REGULATION OF APRIL 15, 1949, CONTAINED PROVISIONS SIMILAR TO THOSE APPEARING IN SAID PARAGRAPH 12(C) OF THE CURRENT REGULATIONS. THE INSTRUCTIONS CONTAINED IN SPECIAL REGULATIONS 615-105-1 APPEAR TO BE INCONSISTENT TO SOME EXTENT WITH INSTRUCTIONS CONTAINED IN PARAGRAPH 2 OF ARMY REGULATIONS 615-365, REFERRED TO IN THE SAID PARAGRAPH 12(C), WHICH AUTHORIZES CERTAIN COMMANDERS TO ORDER DISCHARGE OF INDIVIDUALS FOR THE CONVENIENCE OF THE GOVERNMENT, AT ANY TIME DURING THE LAST 90 DAYS OF A CURRENT ENLISTMENT, TO PERMIT IMMEDIATE REENLISTMENT IN THE REGULAR ARMY FOR THREE YEARS OR MORE, AS AUTHORIZED, OF INDIVIDUALS CURRENTLY SERVING IN THE REGULAR ARMY WHO APPLY FOR AND ARE QUALIFIED FOR SUCH REENLISTMENT. SIMILAR PROVISIONS ARE CONTAINED IN PARAGRAPH 4B(2)OF AFR 29-14 DATED SEPTEMBER 21, 1949, AS CHANGED NOVEMBER 24, 1950. WHILE IT IS REALIZED THAT SOME DISCRETION PROPERLY MAY BE GRANTED CERTAIN COMMANDERS TO DISCHARGE ENLISTED MEN IN THE TOP THREE ENLISTED GRADES BEFORE EXPIRATION OF THEIR CURRENT ENLISTMENTS SO AS TO PERMIT THEM TO REENLIST FOR AN UNSPECIFIED PERIOD OF TIME AMOUNTING TO MORE THAN SIX YEARS, THERE IS CONSIDERABLE DOUBT THAT THE CONGRESS INTENDED TO PERMIT AN INDIVIDUAL TO REENLIST FOR THREE YEARS AND RECEIVE REENLISTMENT ALLOWANCE, REENLISTMENT LEAVE AND TRAVEL ALLOWANCE AND SHORTLY THEREAFTER, WHILE STILL OBLIGATED TO SERVE SLIGHTLY LESS THAN THREE YEARS, TO BE DISCHARGED FROM SUCH REENLISTMENT FOR THE PURPOSES OF REENLISTING FOR AN UNSPECIFIED PERIOD OF TIME AMOUNTING TO MORE THAN SIX YEARS, AND RECEIVE ALL THE MONETARY BENEFITS INCIDENT TO SUCH REENLISTMENT. IN THIS CONNECTION, IT IS UNDERSTOOD THAT THE ABOVE SITUATION RESULTING FROM THE PRESENT REGULATIONS RESPECTING THE TOP THREE ENLISTED GRADES HAS BEEN RECOGNIZED ADMINISTRATIVELY AND THAT THERE PRESENTLY IS, OR HAS BEEN, UNDER CONSIDERATION APPROPRIATE AMENDMENTS THERETO WHICH WILL PREVENT UNNECESSARY PAYMENTS WITHOUT A REASONABLY CORRESPONDING BENEFIT FLOWING TO THE GOVERNMENT. IF SUCH UNDERSTANDING BE CORRECT, THIS OFFICE WOULD BE PLEASED TO BE INFORMED OF THE RESULTS OF ANY ACTION TAKEN ADMINISTRATIVELY TENDING TO CORRECT THE APPARENT ABUSE. ANY EVENT, AN EXPRESSION OF YOUR VIEWS IN THE MATTER WILL BE GREATLY APPRECIATED.