OCTOBER 12, 1921, 1 COMP. GEN. 212

OCTOBER 12, 1921, 1 COMP. GEN. 212

HONORABLE-DISCHARGE GRATUITY - NAVY PROVISIONS OF THE ACT OF JULY 12, 1921, 42 STAT., 139, LIMITING PAYMENT OF HONORABLE-DISCHARGE GRATUITY TO ONE MONTH'S PAY FOR EACH YEAR OF SERVICE IN THE LAST EXPIRING ENLISTMENT, EXTEND NO BENEFITS THROUGH EXTENSIONS OF ENLISTMENTS THAT COULD NOT ACCRUE UNDER PRIOR LAWS.

COMPTROLLER GENERAL MCCARL TO LIEUT. M. S. HIRSHORN, UNITED STATES NAVY, OCTOBER 12, 1921:

I HAVE YOUR LETTER OF AUGUST 27, 1921, REQUESTING DECISION WHETHER AN ENLISTED MAN EXTENDING A TWO-YEAR ENLISTMENT FOR ONE YEAR IS ENTITLED TO HONORABLE DISCHARGE GRATUITY UNDER THE ACT OF JULY 12, 1921, 42 STAT., 139.

IN CONSTRUING THE ACT OF JULY 12, 1921, IT WAS HELD IN DECISION OF THIS OFFICE, DATED OCTOBER 8, 1921, 1 COMP. GEN., 196:

THE CLEAR PROVISION OF THE ACT OF JULY 12, 1921, IS A LIMITATION UPON THE AMOUNT OF THE GRATUITY THAT MAY BE PAID. IT IN EFFECT AUTHORIZES NO MORE GRATUITY TO BE PAID THAN WOULD BE THE EQUIVALENT OF ONE MONTH'S PAY FOR EACH YEAR'S SERVICE IN A PRIOR ENLISTMENT. IT DOES NOT ALTER THE CONDITIONS UNDER WHICH GRATUITY IS PAYABLE, AND IF THAT CONDITION RELATES TO REENLISTMENT IT MEANS THAT FOR THE PERIOD OF THAT REENLISTMENT NO MORE CAN BE PAID THAN THE EQUIVALENT SERVICE IN THE LAST ENLISTMENT. IN OTHER WORDS, IF THERE HAS BEEN A 4-YEAR SERVICE IN THE LAST ENLISTMENT AND THE REENLISTMENT IS 4 YEARS, 4 MONTHS' GRATUITY WOULD BE PAYABLE. IF THERE HAS BEEN A 4-YEAR SERVICE IN THE LAST ENLISTMENT AND THE REENLISTMENT IS ONLY FOR 2 YEARS, 2 MONTHS' GRATUITY ONLY WOULD BE PAYABLE, AND SO ON. SEE ALSO 1 COMP. GEN., 52.

THE ACTS OF JULY 11, 1919, 41 STAT., 134, AND JUNE 4, 1920, 41 STAT., 836, AUTHORIZE ENLISTMENTS FOR TWO, THREE, OR FOUR YEARS, AND EACH CARRIES A PROVISION:

* * * ALL LAWS NOW APPLICABLE TO FOUR-YEAR ENLISTMENTS SHALL APPLY * * * TO ENLISTMENTS FOR A SHORTER PERIOD WITH PROPORTIONATE BENEFITS UPON DISCHARGE AND REENLISTMENT:

THE CONDITION UNDER WHICH HONORABLE DISCHARGE GRATUITY IS PAYABLE ON AN EXTENSION OF ENLISTMENT IS FOUND IN THE ACT OF AUGUST 22, 1912, 37 STAT., 331, AS FOLLOWS:

* * * SUCH ENLISTED MEN AS EXTEND THE TERM OF ENLISTMENT AS AUTHORIZED IN THIS SECTION SHALL BE ENTITLED TO AND SHALL RECEIVE THE SAME PAY AND ALLOWANCES IN ALL RESPECTS AS THOUGH REGULARLY DISCHARGED AND REENLISTED IMMEDIATELY UPON EXPIRATION OF THEIR TERM OF ENLISTMENT, * * *.

WHILE EXTENSIONS OF ENLISTMENT FOR ONE YEAR ARE AUTHORIZED BY THE ACT OF AUGUST 22, 1912, THERE IS NO STATUTORY PERIOD OF ENLISTMENT OR REENLISTMENT FOR ONE YEAR AUTHORIZED BY ANY ACT, AND THEREFORE NO GRATUITY IS PAYABLE ON A ONE-YEAR EXTENSION STANDING ALONE. THE RIGHT TO A GRATUITY IS LIMITED TO THAT WHICH WOULD ACCRUE TO A MAN "AS THOUGH REGULARLY DISCHARGED AND REENLISTED IMMEDIATELY.' THE MINIMUM PERIOD OF ENLISTMENT OR REENLISTMENT IN THE NAVY IS TWO YEARS, AND IT IS TO THE TWO- AND THREE-YEAR ENLISTMENTS ONLY THAT THE "PROPORTIONATE BENEFITS" ARE EXTENDED BY THE ACTS OF JULY 11, 1919, AND JUNE 4, 1920.

THE ACT OF JULY 12, 1921, EXTENDS NO BENEFITS THROUGH EXTENSIONS OF ENLISTMENTS THAT COULD NOT ACCRUE UNDER PRIOR LAWS. YOU ARE ACCORDINGLY ADVISED THAT NO GRATUITY IS PAYABLE UPON THE ONE-YEAR EXTENSION.