B-160096, MARCH 21, 1969, 48 COMP. GEN. 624

B-160096, MARCH 21, 1969, 48 COMP. GEN. 624

GRATUITIES--REENLISTMENT BONUS--CRITICAL MILITARY SKILLS--TRAINING LEADING TO A COMMISSION--REENLISTMENT PRIOR TO APPROVAL OF TRAINING A MEMBER OF THE COAST GUARD WITH A CRITICAL SKILL WHO WHEN DISCHARGED UPON THE EXPIRATION OF HIS ENLISTMENT REENLISTS BEFORE HIS APPLICATION FOR TRAINING LEADING TO A COMMISSION UNDER THE AVIATION CADET OR OFFICER CANDIDATE SCHOOL PROGRAMS IS APPROVED IS ENTITLED TO THE INITIAL AND SUBSEQUENT INSTALLMENTS OF THE VARIABLE REENLISTMENT BONUS PRESCRIBED IN 37 U.S.C. 308 (G), THE MEMBER'S REENLISTMENT OBLIGATING HIM PRIOR TO HIS SELECTION FOR TRAINING TO SERVE FOR THE PERIOD OF THE REENLISTMENT CONTRACT, HIS RIGHT TO THE BONUS WHICH VESTED AT THE TIME OF THE BONA FIDE REENLISTMENT IS NOT CHANGED BY HIS SUBSEQUENT SELECTION FOR TRAINING. HOWEVER, IF THE MEMBER HAD BEEN ACCEPTED FOR TRAINING PRIOR TO REENLISTMENT, THE FACT THAT HE HAD NOT RECEIVED HIS ORDERS TO THE TRAINING SITE WOULD NOT OPERATE TO ENTITLE HIM TO THE VARIABLE REENLISTMENT BONUS. GRATUITIES--REENLISTMENT BONUS -CRITICAL MILITARY SKILLS--TRAINING LEADING TO A COMMISSION- REENLISTMENT PRIOR TO APPROVAL OF TRAINING THE FACT THAT AN ENLISTED MEMBER OF THE COAST GUARD WHO IS BEING CONSIDERED FOR OFFICER TRAINING RECEIVES AN EARLY DISCHARGE PURSUANT TO 14 U.S.C. 370 DOES NOT DEFEAT HIS RIGHT UPON REENLISTMENT TO THE VARIABLE REENLISTMENT BONUS PROVIDED IN 37 U.S.C. 308 (G) AS AN INDUCEMENT TO FIRST -TERM ENLISTED MEMBERS POSSESSING SKILLS IN CRITICALLY SHORT SUPPLY TO REENLIST SO THE SKILLS WILL NOT BE LOST TO THE SERVICE, THE MEMBER'S DISCHARGE HAVING BEEN WITHOUT PREJUDICE TO "ANY RIGHT, PRIVILEGE, OR BENEFIT" THAT HE WOULD HAVE RECEIVED---EXCEPT PAY AND ALLOWANCES FOR THE UNEXPIRED PORTION OF THE REENLISTMENT---OR "TO WHICH HE WOULD THEREAFTER BECOME ENTITLED" HAD HE SERVED HIS FULL TERM. THE AWARENESS OF THE MEMBER SHORTLY AFTER REENLISTMENT OF HIS ACCEPTANCE FOR TRAINING WOULD NOT PRECLUDE PAYMENT OF THE BONUS. GRATUITIES--REENLISTMENT BONUS--CRITICAL MILITARY SKILLS--TRAINING LEADING TO A COMMISSION--REENLISTMENT FOR THE PURPOSE OF TRAINING AN ENLISTED MEMBER OF THE COAST GUARD WHO IS DISCHARGED AND REENLISTS WHILE TRAINING UNDER THE OFFICER CANDIDATE SCHOOL PROGRAM IS NOT ENTITLED TO THE VARIABLE REENLISTMENT BONUS PROVIDED IN 37 U.S.C. 308 (G) INCIDENT TO THE REENLISTMENT, THE MEMBER HAVING REENLISTED NOT FOR THE PURPOSE OF CONTINUING TO SERVE IN HIS CRITICAL SKILL BUT TO MAKE HIM ELIGIBLE TO PARTICIPATE IN THE OFFICER TRAINING PROGRAM, WHICH UPON SUCCESSFUL COMPLETION QUALIFIES HIM FOR APPOINTMENT AS A COMMISSIONED OFFICER IN THE COAST GUARD. GRATUITIES--REENLISTMENT BONUS--CRITICAL MILITARY SKILLS-- TRAINING LEADING TO A COMMISSION- REENLISTMENT FOR THE PURPOSE OF TRAINING A COAST GUARD MEMBER POSSESSING SKILLS IN CRITICALLY SHORT SUPPLY WHO REENLISTS FOR THE PURPOSE OF PARTICIPATING IN TRAINING LEADING TO A COMMISSION UNDER THE AVIATION CADET OR OFFICER CANDIDATE SCHOOL PROGRAMS, IF HE DID NOT COMPLETE THE TRAINING AND IS RETURNED TO DUTY IN HIS CRITICAL SKILL WOULD NOT BE ENTITLED TO RECEIVE THE VARIABLE REENLISTMENT BONUS PRESCRIBED IN 37 U.S.C. 308 (G) TO INDUCE REENLISTMENT AND AVOID THE LOSS OF CRITICAL SKILLS TO THE SERVICE. ENTITLEMENT TO THE BONUS VESTING AT THE TIME OF REENLISTMENT, THE MEMBER DID NOT BECOME ENTITLED TO THE BONUS INCIDENT TO REENLISTMENT FOR THE PURPOSE OF PARTICIPATING IN AN OFFICER TRAINING PROGRAM AND ANY SUBSEQUENT CHANGE IN DUTY ASSIGNMENT WOULD NOT CREATE ENTITLEMENT TO THE VARIABLE REENLISTMENT BONUS. GRATUITIES--REENLISTMENT BONUS- CRITICAL MILITARY SKILLS--TRAINING LEADING TO A COMMISSION- REENLISTMENT PRIOR TO APPROVAL OF TRAINING ENTITLEMENT TO THE VARIABLE REENLISTMENT BONUS PROVIDED IN 37 U.S.C. 308 (G) TO INDUCE MEMBERS POSSESSING SKILLS IN CRITICALLY SHORT SUPPLY TO REENLIST SO THE SKILLS WOULD NOT BE LOST TO THE SERVICE VESTING AT THE TIME OF REENLISTMENT, MEMBERS CURRENTLY SERVING AS OFFICERS IN THE COAST GUARD WHO HAD REENLISTED PRIOR TO SELECTION FOR OFFICER TRAINING AND UNDER CIRCUMSTANCES ENTITLING THEM TO THE BONUS MAY CONTINUE TO BE PAID YEARLY INSTALLMENTS OF THE BONUS, THE SUBSEQUENT APPOINTMENT OF A MEMBER AS AN OFFICER NOT OPERATING TO CURTAIL ENTITLEMENT TO FURTHER ANNUAL INSTALLMENTS OF THE BONUS.

TO THE SECRETARY OF TRANSPORTATION, MARCH 21, 1969:

FURTHER REFERENCE IS MADE TO LETTER DATED JANUARY 10, 1969, FROM THE COMMANDANT, UNITED STATES COAST GUARD, REQUESTING A DECISION WHETHER OUR DECISION OF FEBRUARY 8, 1968, 47 COMP. GEN. 414, WOULD PRECLUDE THE PAYMENT OF THE VARIABLE REENLISTMENT BONUS TO ENLISTED MEMBERS OF THE COAST GUARD WHO ENTER THE COAST GUARD AVIATION CADET PROGRAM OR THE COAST GUARD OFFICER CANDIDATE SCHOOL.

IN THE ABOVE DECISION WE CONCLUDED THAT UNDER 37 U.S.C. 308 (G) AND IMPLEMENTING REGULATIONS, AS CITED THEREIN, NO AUTHORITY EXISTS FOR THE PAYMENT OF A VARIABLE REENLISTMENT BONUS TO ENLISTED MEMBERS WHO HAVE BEEN SELECTED FOR COLLEGE TRAINING UNDER THE NAVY ENLISTED SCIENTIFIC EDUCATION PROGRAM (NESEP) OR OTHER SIMILAR PROGRAMS AND WHO ARE REENLISTED FOR THE PURPOSE OF MEETING OBLIGATED SERVICE REQUIREMENTS FOR SUCH TRAINING. INCLUDED AMONG THE REGULATIONS CITED WAS DOD DIRECTIVE NO. 1304.10, DATED DECEMBER 18, 1965, WHICH PROVIDED THAT MEMBERS SHALL BE USED IN THE SPECIALTY FOR WHICH THE VARIABLE REENLISTMENT BONUS IS AWARDED UNLESS THE SECRETARY OF THE MILITARY DEPARTMENT WAIVES SUCH USE RESTRICTION BASED ON THE NEEDS OF THE SERVICE, AND WHICH WE SAID REFLECTED THE INTENT OF THE CONGRESS IN AUTHORIZING THE VARIABLE REENLISTMENT BONUS.

IN THIS CONNECTION, IT WAS EXPLAINED IN THE DECISION THAT THE LEGISLATIVE HISTORY OF SECTION 308 (G) SHOWS THAT IT WAS ENACTED TO AUTHORIZE THE VARIABLE REENLISTMENT BONUS AS AN ADDITIONAL INDUCEMENT TO FIRST-TERM ENLISTED MEMBERS POSSESSING SKILLS IN CRITICALLY SHORT SUPPLY TO REENLIST SO THAT SUCH SKILLS COULD CONTINUE TO BE UTILIZED AND NOT LOST TO THE SERVICE. IT WAS FURTHER EXPLAINED THAT ONE OF THE CONSIDERATIONS IN AUTHORIZING THIS SUBSTANTIAL BONUS WAS THE HIGH COST TO THE GOVERNMENT OF TRAINING A REPLACEMENT FOR SUCH A MEMBER WHO DOES NOT REENLIST, AN EXPENSE THAT WOULD BE AVOIDED IF THE MEMBER REENLISTS TO CONTINUE SERVING IN THE CRITICAL RATING.

THE COMMANDANT HAS ADVISED THAT THE COAST GUARD HAS NO NESEP OR SIMILAR EDUCATIONAL PROGRAM BUT RELIES UPON TWO PROGRAMS IN ORDER TO OBTAIN QUALIFIED COMMISSIONED OFFICERS FROM THE ENLISTED RANKS, NAMELY, THE COAST GUARD AVIATION CADET PROGRAM AND THE OFFICER CANDIDATE SCHOOL. HE REPORTS THAT MEMBERS ARE SELECTED FOR THESE PROGRAMS UNDER THE FOLLOWING PROCEDURE. IN ORDER FOR SELECTIONS TO BE MADE, APPLICATIONS ARE RECEIVED FROM ENLISTED MEMBERS, RECOMMENDATIONS ARE MADE AND BOARDS HELD AT VARIOUS LEVELS TO DETERMINE THEIR QUALIFICATIONS, AND FINAL SELECTIONS ARE MADE BY COAST GUARD HEADQUARTERS.

IF A MEMBER IS NOT SELECTED, HE IS SO ADVISED BY LETTER FROM THE COMMANDANT. IF HE IS FOUND FULLY QUALIFIED, THE ONLY NOTIFICATION OF SELECTION TENDERED HIM IS IN THE FORM OF ORDERS DIRECTING HIM TO PROCEED TO THE OFFICER TRAINING SITE. ENLISTED PERSONNEL ENTERING THE AVIATION CADET PROGRAM, WHICH REQUIRES APPROXIMATELY 18 MONTHS OF FLIGHT TRAINING, ARE REQUIRED TO HAVE AT LEAST 2 YEARS OF OBLIGATED SERVICE REMAINING ON CURRENT ENLISTMENT UPON ENTERING THE PROGRAM AND IT IS REPORTED THAT SUCH MEMBERS USUALLY EXTEND THEIR ENLISTMENTS TO MEET THIS REQUIREMENT. UPON ENTERING THIS PROGRAM THEY ARE ASSIGNED THE SPECIAL ENLISTED GRADE OF AVIATION CADET (AVCAD) AND UPON COMPLETION THEY ARE COMMISSIONED ENSIGNS IN THE COAST GUARD RESERVE.

ENLISTED PERSONNEL SELECTED FOR OR ENROLLED IN THE OFFICER CANDIDATE SCHOOL, WHICH REQUIRES 17 WEEKS OF TRAINING, ARE NOT REQUIRED TO EXTEND THEIR ENLISTMENTS IN ORDER TO HAVE OBLIGATED SERVICE TO ATTEND SUCH TRAINING. MEMBERS WHO ARE E-5 OR ABOVE RETAIN THEIR ENLISTED GRADE UNTIL COMMISSIONED AS ENSIGNS IN THE COAST GUARD AND THOSE WHO ARE E-4 OR BELOW ARE ADVANCED TO OFFICER CANDIDATE UNDERGOING INSTRUCTION---2 (OCUI2) ON ENTRY AND RETAIN THAT GRADE UNTIL ALSO COMMISSIONED AS ENSIGNS, OR REVERT BACK TO THEIR PERMANENT GRADE IF THEY LEAVE THE PROGRAM BEFORE BEING COMMISSIONED.

ALSO, THE COMMANDANT HAS QUOTED THE FOLLOWING EXCERPT FROM OUR DECISION OF FEBRUARY 8, 1968, AND SUPPLIED ITALIC AS INDICATED---

* * * THE LEGISLATIVE HISTORY SHOWS THAT THE ONLY PURPOSE IN AUTHORIZING THE BONUS WAS AS AN INDUCEMENT TO FIRST-TERM ENLISTED MEMBERS POSSESSING A CRITICALLY NEEDED MILITARY SKILL SO THAT SUCH SKILL WOULD NOT BE LOST TO THE SERVICE AND THE TRAINING OF A REPLACEMENT REQUIRED. IN EFFECT, THE BONUS IS A FORM OF ADDITIONAL COMPENSATION AND, WHILE PAYMENT OF THE BONUS IS NOT AFFECTED BY SUBSEQUENT DUTY CHANGES, THE ENLISTMENT MUST BE FOR THAT PURPOSE. * * * HE HAS STATED THAT IN VIEW OF THE ABOVE-QUOTED PORTION OF OUR DECISION CONSIDERABLE DOUBT EXISTS AS TO WHETHER YEARLY INSTALLMENTS OF THE VARIABLE REENLISTMENT BONUS MAY BE PROPERLY AUTHORIZED TO MEMBERS CURRENTLY SERVING AS OFFICERS IN THE COAST GUARD AND WHETHER PAYMENT OF THE VARIABLE REENLISTMENT BONUS IS AUTHORIZED IN THE FOLLOWING CASES:

A. A MEMBER HOLDING A CRITICAL SKILL SUBMITS HIS APPLICATION FOR A COMMISSION UNDER THE OCS OR AVCAD PROGRAM. PRIOR TO RECEIPT OF ORDERS TO THE TRAINING SITE, HE IS DISCHARGED AND REENLISTED BY REASON OF "CONVENIENCE OF THE GOVERNMENT" AT HIS OWN REQUEST (3 MONTHS PRIOR TO THE DATE OF EXPIRATION OF ENLISTMENT AS CONTAINED IN 14 U.S.C. 370). IS THE MEMBER ENTITLED TO THE INITIAL AND SUBSEQUENT INSTALLMENTS OF VARIABLE REENLISTMENT BONUS?

B. WOULD A. ABOVE REQUIRE A DIFFERENT ANSWER IF THE SAME CONDITIONS APPLY BUT THE MEMBER IS DISCHARGED AND REENLISTED BY REASON OF "EXPIRATION OF ENLISTMENT," I.E; HIS FULL ENLISTMENT HAS BEEN COMPLETED?

C. WOULD A MEMBER, OTHERWISE ENTITLED, BE AUTHORIZED PAYMENT OF VARIABLE REENLISTMENT BONUS IF HE IS DISCHARGED AND REENLISTED WHILE TRAINING UNDER THE OFFICER CANDIDATE SCHOOL PROGRAM?

D. IF THE ANSWERS TO THE QUESTIONS ABOVE ARE IN THE NEGATIVE, WOULD THE MEMBER BE ENTITLED TO THE VARIABLE REENLISTMENT BONUS SHOULD HE NOT COMPLETE THE TRAINING LEADING TO COMMISSIONING AND CONTINUE IN THE COAST GUARD PERFORMING DUTY IN THE CRITICAL SKILL HELD UPON REENLISTMENT?

AUTHORIZATION FOR THE PAYMENT OF THE VARIABLE REENLISTMENT BONUS IS CONTAINED IN 37 U.S.C. 308 (G) WHICH PROVIDES IN PERTINENT PART AS FOLLOWS:

G. UNDER REGULATIONS TO BE PRESCRIBED BY THE SECRETARY OF DEFENSE,OR THE SECRETARY OF TRANSPORTATION WITH RESPECT TO THE COAST GUARD WHEN IT IS NOT OPERATING AS A SERVICE IN THE NAVY, A MEMBER WHO IS DESIGNATED AS HAVING A CRITICAL MILITARY SKILL AND WHO IS ENTITLED TO A BONUS COMPUTED UNDER SUBSECTION (A) OF THIS SECTION UPON HIS FIRST ENLISTMENT MAY BE PAID AN ADDITIONAL AMOUNT NOT MORE THAN FOUR TIMES THE AMOUNT OF THAT BONUS. THE ADDITIONAL AMOUNT SHALL BE PAID IN EQUAL YEARLY INSTALLMENTS IN EACH YEAR OF THE REENLISTMENT PERIOD. HOWEVER, IN MERITORIOUS CASES THE ADDITIONAL AMOUNT MAY BE PAID IN FEWER INSTALLMENTS IF THE SECRETARY CONCERNED DETERMINES IT TO BE IN THE BEST INTEREST OF THE MEMBERS.

IMPLEMENTING REGULATIONS PERTAINING TO THE PAYMENT OF THE VARIABLE REENLISTMENT BONUS ARE CONTAINED IN COMMANDANT INSTRUCTION 7220.13A, DATED MAY 31, 1967.

AUTHORITY FOR EARLY DISCHARGE OF ENLISTED MEMBERS OF THE COAST GUARD IS CONTAINED IN 14 U.S.C. 370, WHICH PROVIDES AS FOLLOWS:

UNDER REGULATIONS PRESCRIBED BY THE SECRETARY, ANY ENLISTED MAN MAY BE DISCHARGED AT ANY TIME WITHIN THREE MONTHS BEFORE THE EXPIRATION OF HIS TERM OF ENLISTMENT OR EXTENDED ENLISTMENT WITHOUT PREJUDICE TO ANY RIGHT, PRIVILEGE, OR BENEFIT THAT HE WOULD HAVE RECEIVED, EXCEPT PAY AND ALLOWANCES FOR THE UNEXPIRED PERIOD NOT SERVED, OR TO WHICH HE WOULD THEREAFTER BECOME ENTITLED, HAD HE SERVED HIS FULL TERM OF ENLISTMENT OR EXTENDED ENLISTMENT.

AS INDICATED IN OUR DECISION OF FEBRUARY 8, 1968, NO AUTHORITY EXISTS FOR THE PAYMENT OF A VARIABLE REENLISTMENT BONUS TO ENLISTED MEMBERS WHO HAVE BEEN SELECTED FOR COLLEGE TRAINING UNDER THE NAVY ENLISTED SCIENTIFIC EDUCATION PROGRAM OR OTHER SIMILAR PROGRAMS AND WHO ARE REENLISTED FOR THE PURPOSE OF MEETING THE OBLIGATED SERVICE REQUIREMENTS FOR SUCH TRAINING. THAT DECISION, HOWEVER, DOES NOT PRECLUDE A MEMBER FROM RECEIVING A VARIABLE REENLISTMENT BONUS IN AN OTHERWISE PROPER CASE IF HE REENLISTS BEFORE HE HAS BEEN SELECTED FOR SUCH TRAINING AND HIS REENLISTMENT IS IN FACT FOR THE PURPOSE OF SERVING IN THE SPECIALTY FOR WHICH THE BONUS IS AUTHORIZED.

THEREFORE, IF A MEMBER DESIGNATED AS HOLDING A CRITICAL SKILL SUBMITS HIS APPLICATION FOR TRAINING LEADING TO A COMMISSION UNDER THE OFFICER CANDIDATE SCHOOL OR AVCAD PROGRAM AND IS DISCHARGED UPON EXPIRATION OF ENLISTMENT AND REENLISTED PRIOR TO HIS SELECTION FOR SUCH TRAINING, IT CANNOT BE SAID THAT HIS REENLISTMENT WAS SOLELY FOR THE PURPOSE OF MEETING THE OBLIGATED SERVICE REQUIREMENT OR FOR TRAINING UNDER THE PARTICULAR PROGRAM. UPON REENLISTMENT HE IS OBLIGATED TO SERVE FOR THE PERIOD OF HIS REENLISTMENT CONTRACT AND, OF COURSE, AT THAT TIME THERE IS NO ASSURANCE THAT HE WILL BE FOUND QUALIFIED AND SELECTED FOR TRAINING UNDER THE PROGRAM OF HIS CHOICE. UNDER SUCH CIRCUMSTANCES, HIS RIGHT TO THE VARIABLE REENLISTMENT BONUS VESTS AT THE TIME OF HIS BONA FIDE REENLISTMENT AND HIS SUBSEQUENT SELECTION FOR SUCH OFFICER TRAINING WOULD NOT CHANGE HIS ENTITLEMENT.

IF THE MEMBER HAS BEEN ADMINISTRATIVELY ACCEPTED OR SELECTED FOR SUCH OFFICER TRAINING AT THE TIME OF HIS REENLISTMENT, HOWEVER, THE FACT THAT HE HAD NOT RECEIVED ORDERS TO THE TRAINING SITE WOULD NOT OPERATE TO ENTITLE HIM TO A VARIABLE REENLISTMENT BONUS. IN THESE CIRCUMSTANCES IT WOULD BE KNOWN BY THE ADMINISTRATIVE OFFICE THAT THE REENLISTMENT WAS NOT FOR THE PURPOSE OF CONTINUED SERVICE IN THE MEMBER'S CRITICAL SKILL.

THE FACT THAT A MEMBER RECEIVES AN EARLY DISCHARGE PURSUANT TO 14 U.S.C. 370 WOULD NOT DEFEAT HIS RIGHT TO THE VARIABLE REENLISTMENT BONUS IF HE IS OTHERWISE ENTITLED THERETO. UNDER THAT LAW AND THE REGULATIONS ISSUED PURSUANT THERETO SUCH A DISCHARGE IS WITHOUT PREJUDICE TO "ANY RIGHT, PRIVILEGE, OR BENEFIT" THAT HE WOULD HAVE RECEIVED (EXCEPT PAY AND ALLOWANCES FOR THE UNEXPIRED PORTION OF THE ENLISTMENT) OR "TO WHICH HE WOULD THEREAFTER BECOME ENTITLED" HAD HE SERVED HIS FULL TERM OF ENLISTMENT. SEE 3 COMP. GEN. 330. ALSO, THE FACT THAT SUCH MEMBER MAY BE AWARE THAT SHORTLY AFTER HIS REENLISTMENT HE MAY BE ACCEPTED FOR TRAINING FOR A COMMISSION WOULD NOT PRECLUDE PAYMENT OF THE BONUS. SEE 35 COMP. GEN. 664, AND COMPARE 25 COMP. GEN. 700 AND B-150235, DATED JANUARY 31, 1963. THE COMMANDANT'S QUESTIONS "A" AND "B" ARE ANSWERED ACCORDINGLY.

A MEMBER WHO IS DISCHARGED WHILE TRAINING UNDER THE OFFICER CANDIDATE SCHOOL PROGRAM WOULD NOT REENLIST FOR THE PURPOSE OF CONTINUING TO SERVE IN HIS CRITICAL SKILL, BUT TO CONTINUE HIS ENLISTED STATUS AS REQUIRED FOR PARTICIPATION IN THAT PROGRAM. UPON HIS SUCCESSFUL COMPLETION OF THE TRAINING COURSE HE WOULD BE APPOINTED A COMMISSIONED OFFICER IN THE COAST GUARD. THEREFORE, SINCE THE MEMBER'S REENLISTMENT WOULD NOT BE FOR THE PURPOSE OF CONTINUING TO SERVE IN HIS CRITICAL SKILL, HE WOULD NOT BE ENTITLED TO A VARIABLE REENLISTMENT BONUS INCIDENT TO HIS REENLISTMENT. THE COMMANDANT'S QUESTION "C" IS ANSWERED IN THE NEGATIVE.

QUESTION "D" CONCERNS A MEMBER WHO WAS NOT ENTITLED TO A VARIABLE REENLISTMENT BONUS AT THE TIME OF REENLISTMENT SINCE AT THAT TIME HE HAD BEEN SELECTED FOR OR WAS UNDERGOING TRAINING LEADING TO APPOINTMENT AS A COMMISSIONED OFFICER. THE QUESTION ASKED IS WHETHER THE MEMBER WOULD BE ENTITLED TO THE BONUS SHOULD HE NOT COMPLETE THE OFFICER TRAINING AND CONTINUE IN THE COAST GUARD PERFORMING DUTY IN THE CRITICAL SKILL HELD UPON REENLISTMENT.

A SIMILAR QUESTION WAS CONSIDERED IN OUR DECISION OF MARCH 4, 1969, B- 160096, CONCERNING A MEMBER OF THE MARINE CORPS WHO REENLISTED FOR 6 YEARS TO MEET THE OBLIGATED SERVICE REQUIREMENT FOR PARTICIPATION IN THE NAVY ENLISTED SCIENTIFIC EDUCATION PROGRAM (NESEP). HE WAS ENROLLED IN THE UNIVERSITY OF COLORADO UNDER NESEP BUT WAS SUBSEQUENTLY DISENROLLED FOR UNSATISFACTORY ACADEMIC PERFORMANCE AND WAS TRANSFERRED TO A MARINE CORPS INSTALLATION FOR FURTHER SERVICE IN THE CRITICAL OCCUPATIONAL SPECIALTY WHICH HE HELD AT THE TIME OF REENLISTMENT.

AS POINTED OUT IN THAT DECISION, THE VARIABLE REENLISTMENT BONUS VESTS, IF AT ALL, AT THE TIME OF REENLISTMENT (45 COMP. GEN. 379) AND A SUBSEQUENT CHANGE IN THE MEMBER'S DUTY ASSIGNMENT DOES NOT OPERATE TO DIVEST HIM OF THE BONUS TO WHICH HE WAS ENTITLED INCIDENT TO HIS REENLISTMENT. SINCE THE MEMBER REENLISTED FOR THE PURPOSE OF PARTICIPATING IN THE NAVY OFFICER TRAINING PROGRAM HE WAS NOT ENTITLED TO A VARIABLE REENLISTMENT BONUS INCIDENT TO HIS REENLISTMENT. HENCE, WE NECESSARILY CONCLUDED THAT HIS SUBSEQUENT DISENROLLMENT AND RETURN TO DUTY IN HIS CRITICAL SKILL DID NOT ENTITLE HIM TO VARIABLE REENLISTMENT BONUS PAYMENTS. QUESTION "D" IS ANSWERED IN THE NEGATIVE.

WITH RESPECT TO THE DOUBT EXPRESSED AS TO WHETHER MEMBERS CURRENTLY SERVING AS OFFICERS IN THE COAST GUARD ARE ENTITLED TO YEARLY INSTALLMENTS OF VARIABLE REENLISTMENT BONUS, IT MAY BE STATED THAT IF THE MEMBER REENLISTED PRIOR TO SELECTION FOR OFFICER TRAINING UNDER CIRCUMSTANCES ENTITLING HIM TO A VARIABLE REENLISTMENT BONUS HIS SUBSEQUENT APPOINTMENT AS AN OFFICER WOULD NOT OPERATE TO CURTAIL HIS ENTITLEMENT TO FURTHER ANNUAL INSTALLMENTS OF THE BONUS, HIS RIGHT HAVING VESTED AT THE TIME OF REENLISTMENT. SEE 45 COMP. GEN. 379 AND 46 COMP. GEN. 322. IT IS BELIEVED THAT ENTITLEMENT OF THE OFFICERS CONCERNED CAN BE DETERMINED BY APPLYING THE RULES SET FORTH ABOVE BUT IF DOUBT STILL EXISTS IN ANY CASE THE MATTER MAY BE SUBMITTED HERE FOR OUR DECISION.