B-107486, JAN. 4, 1967

B-107486, JAN. 4, 1967

TO DISBURSING OFFICER:

REFERENCE IS MADE TO OUR DECISION B-107486, DATED NOVEMBER 15, 1966, CONCERNING THE LEGALITY OF CREDITING THE PAY ACCOUNT OF ANTONIO T. MONTOYA, 513 08 10, USN, AS THOUGH ADVANCED TO SD2 RATING ON APRIL 16, 1966. YOUR ATTENTION IS DIRECTED TO THE NEXT TO LAST PARAGRAPH THEREOF, WHEREIN IT WAS CONCLUDED THAT THE MEMBER'S ENLISTMENT BONUS WAS AUTHORIZED TO BE COMPUTED ON THE BASIS OF THE PAY AUTHORIZED FOR RATING SD2.

MR. MONTOYA, AS AN ENLISTED MAN WHO REENLISTED ON MAY 13, 1966, WAS ENTITLED TO A REENLISTMENT BONUS BASED ON 37 U.S.C. 308 (A). THAT SUBSECTION LIMITS SUCH REENLISTMENT BONUS TO AN AMOUNT COMPUTED ON THE BASIC PAY TO WHICH HE WAS ENTITLED AT THE TIME OF HIS DISCHARGE. THE PROVISIONS OF 37 U.S.C. 308 (D) AND THE CONCLUSION REACHED IN 36 COMP. GEN. 788, ON WHICH OUR CONCLUSION WAS BASED ARE INAPPLICABLE TO HIS CASE SINCE THEY APPLY ONLY IN CASES WHERE REENLISTMENT FOLLOWS SERVICE AS AN OFFICER.

THEREFORE, YOUR QUESTION AS TO WHETHER MR. MONTOYA'S PAY ACCOUNT SHOULD BE CREDITED WITH THE REENLISTMENT BONUS COMPUTED ON THE RATE OF PAY AUTHORIZED FOR AN SD2, SHOULD HAVE BEEN ANSWERED IN THE NEGATIVE AND OUR DECISION OF NOVEMBER 15, 1966, IS MODIFIED ACCORDINGLY. HOWEVER, WE ASSUME THAT PAYMENT HAS BEEN MADE TO MR. MONTOYA ON THE BASIS OF THAT DECISION AND CREDIT FOR SUCH PAYMENT WILL BE ALLOWED IN YOUR ACCOUNTS. SEE 19 COMP. GEN. 129, 130.