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B-116353, AUGUST 5, 1957, 37 COMP. GEN. 80

B-116353 Aug 05, 1957
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WHO WAS NOT PAID A REENLISTMENT BONUS UNDER SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949 BECAUSE HIS REGULAR SERVICE ENLISTMENT BEFORE JULY 16. MAY REELECT TO BE COVERED BY SECTION 207 PROVIDED REFUND IS MADE OF. - FOLLOWING NONCONTINUOUS ACTIVE DUTY OF ONE YEAR OR MORE WITHOUT AN INTERRUPTION OF MORE THAN 90 DAYS BETWEEN EACH PERIOD OF ACTIVE DUTY BECAUSE OF ERRONEOUS ADMINISTRATIVE INTERPRETATION THAT ACT REQUIRED CONTINUOUS SERVICE AND WHO WAS PAID A BONUS UNDER SECTION 208 MAY MAKE AN "ELECTION" TO BE COVERED BY SECTION 207 PROVIDED REFUND OF THE DIFFERENCE. BETWEEN THE BONUS RECEIVED AND THAT AUTHORIZED BY SECTION 207 IS MADE. A RESERVE ENLISTED MEMBER OF THE UNIFORMED SERVICE WHO HAS MADE AN ELECTION TO RECEIVE REENLISTMENT BONUS UNDER SECTION 208 OF THE CAREER COMPENSATION ACT OF 1949 AND WHO IS ENTITLED TO ELECT TO RECEIVE THE BONUS AUTHORIZED BY SECTION 207.

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B-116353, AUGUST 5, 1957, 37 COMP. GEN. 80

MILITARY PERSONNEL - GRATUITIES - REENLISTMENT BONUS - PERIODS OF ENLISTED RESERVE SERVICE PRECEDING REGULAR ENLISTMENTS FOR THE PURPOSE OF ESTABLISHING THE ELIGIBILITY OF ENLISTED MEMBERS OF RESERVE COMPONENTS OF THE UNIFORMED SERVICE TO REENLISTMENT BONUSES ON ENLISTMENT IN REGULAR SERVICE, THE PHRASE "EXTENDED ACTIVE DUTY OF ONE YEAR OR MORE" AS USED IN SECTION 207 (B) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 238 (B), MEANS ACTIVE DUTY OF ONE YEAR OR MORE WHICH HAS NOT BEEN INTERRUPTED BY MORE THAN 90 DAYS BETWEEN EACH PERIOD OF ACTIVE DUTY AND DOES NOT REQUIRE CONTINUOUS ACTIVE DUTY OF ONE YEAR OR MORE. A RESERVE ENLISTED MEMBER, WHO WAS NOT PAID A REENLISTMENT BONUS UNDER SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949 BECAUSE HIS REGULAR SERVICE ENLISTMENT BEFORE JULY 16, 1954--- THE DATE OF THE AMENDATORY REENLISTMENT BONUS ACT--- DID NOT FOLLOW CONTINUOUS ACTIVE DUTY OF ONE YEAR OR MORE IN A RESERVE COMPONENT AND WHO AT TIME OF NEXT ENLISTMENT ELECTED TO RECEIVE A BONUS UNDER SECTION 208, MAY REELECT TO BE COVERED BY SECTION 207 PROVIDED REFUND IS MADE OF, IF ANY, THE DIFFERENCE BETWEEN THE BONUS RECEIVED AND THAT AUTHORIZED BY SECTION 207 OF THE ACT. A RESERVE ENLISTED MEMBER WHO DID NOT ELECT TO BE PAID A REENLISTMENT BONUS UNDER SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949 WHEN HE ENLISTED ON OR AFTER JULY 16, 1954--- DATE OF THE AMENDATORY REENLISTMENT BONUS ACT--- FOLLOWING NONCONTINUOUS ACTIVE DUTY OF ONE YEAR OR MORE WITHOUT AN INTERRUPTION OF MORE THAN 90 DAYS BETWEEN EACH PERIOD OF ACTIVE DUTY BECAUSE OF ERRONEOUS ADMINISTRATIVE INTERPRETATION THAT ACT REQUIRED CONTINUOUS SERVICE AND WHO WAS PAID A BONUS UNDER SECTION 208 MAY MAKE AN "ELECTION" TO BE COVERED BY SECTION 207 PROVIDED REFUND OF THE DIFFERENCE, IF ANY, BETWEEN THE BONUS RECEIVED AND THAT AUTHORIZED BY SECTION 207 IS MADE. A RESERVE ENLISTED MEMBER OF THE UNIFORMED SERVICE WHO HAS MADE AN ELECTION TO RECEIVE REENLISTMENT BONUS UNDER SECTION 208 OF THE CAREER COMPENSATION ACT OF 1949 AND WHO IS ENTITLED TO ELECT TO RECEIVE THE BONUS AUTHORIZED BY SECTION 207, IF ANY, MAY HAVE A PERIOD OF 60 DAYS, FROM AUGUST 5, 1957--- THE DATE OF DECISION OF THE COMPTROLLER GENERAL- - WITHIN WHICH TO MAKE THE ,REELECTION" OR "ELECTION.'

TO THE SECRETARY OF DEFENSE, AUGUST 5, 1957:

FURTHER REFERENCE IS MADE TO LETTER OF MAY 28, 1957, FROM THE ASSISTANT SECRETARY OF DEFENSE ( COMPTROLLER), FORWARDING A COPY OF COMMITTEE ACTION NO. 185, MILITARY PAY AND ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE, AND REQUESTING DECISION ON THE QUESTIONS THERE PRESENTED, RELATIVE TO THE PAYMENT OF REENLISTMENT BONUSES, AS FOLLOWS:

1. DOES THE PHRASE "EXTENDED ACTIVE DUTY OF ONE YEAR OR MORE" AS USED IN SECTION 207 (B) OF THE CAREER COMPENSATION ACT OF 1949 (37 U.S.C. 238 (B) ( MEAN:

A. ONLY CONTINUOUS ACTIVE DUTY OF ONE YEAR OR MORE?

B. ACTIVE DUTY OF ONE YEAR OR MORE WHICH HAS NOT BEEN INTERRUPTED BY MORE THAN 90 DAYS BETWEEN EACH PERIOD OF ACTIVE DUTY?

C. ACTIVE DUTY OF ONE YEAR OR MORE WITHOUT REGARD TO THE LENGTH OF ANY INTERRUPTIONS BETWEEN PERIODS OF ACTIVE DUTY?

2. IF THE ANSWER TO QUESTION A IS IN THE NEGATIVE, MAY AN ENLISTED MEMBER (1) WHO WAS NOT PAID A REENLISTMENT BONUS UNDER SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949 BECAUSE HIS ENLISTMENT BEFORE 16 JULY 1954 IN ONE OF THE REGULAR SERVICES DID NOT FOLLOW CONTINUOUS ACTIVE DUTY OF ONE YEAR OR MORE IN A RESERVE COMPONENT OF SUCH SERVICE, (2) WHO WILL BE PAID THE BONUS FOR THAT ENLISTMENT UNDER SECTION 207 AS CONSTRUED IN THE ANSWER TO QUESTION B OR C, AND (3) WHO AT THE TIME OF HIS NEXT ENLISTMENT AFTER 15 JULY 1954 IN THE SAME REGULAR SERVICE ELECTED TO RECEIVE A REENLISTMENT BONUS UNDER SECTION 208 OF THE CAREER COMPENSATION ACT OF 1949, MAKE A REELECTION TO BE COVERED BY SECTION 207 PROVIDED HE REFUNDS THE DIFFERENCE, IF ANY, BETWEEN THE BONUS RECEIVED FOR THE LATTER ENLISTMENT AND THAT AUTHORIZED BY SECTION 207 FOR SUCH ENLISTMENT?

3. IF THE ANSWER TO QUESTION A IS IN THE NEGATIVE, MAY AN ENLISTED MEMBER (1) WHO ENLISTED IN ONE OF THE REGULAR SERVICES AFTER 15 JULY 1954 FOLLOWING NONCONTINUOUS ACTIVE DUTY OF ONE YEAR OR MORE IN A RESERVE COMPONENT OF SUCH SERVICE, (2) WHO WAS, ON THE BASIS OF THE ANSWER TO QUESTION B OR C, ENTITLED TO ELECT TO BE PAID A REENLISTMENT BONUS UNDER SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949, (3) WHO BUT FOR THE FACT THAT IT WAS NOT CONSIDERED BY THE SERVICES THAT HE WAS ENTITLED TO THE BONUS AUTHORIZED BY SECTION 207, WOULD HAVE ELECTED THE BONUS SO AUTHORIZED, AND (4) WHO WAS PAID A BONUS UNDER SECTION 208 OF THE CITED ACT, MAKE AN "ELECTION" TO BE COVERED BY SECTION 207 PROVIDED HE REFUNDS THE DIFFERENCE, IF ANY, BETWEEN THE BONUS RECEIVED AND THAT AUTHORIZED BY SECTION 207?

4. IF THE ANSWERS TO QUESTIONS 2 AND 3 ARE IN THE AFFIRMATIVE, MAY THE ENLISTED MEMBERS CONCERNED BE GRANTED A PERIOD OF 60 DAYS IMMEDIATELY FOLLOWING THE DATE OF THE DECISION TO BE RENDERED BY THE COMPTROLLER GENERAL WITHIN WHICH TO MAKE SUCH REELECTION OR "ELECTION?

SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 811, AS AMENDED BY THE ACT OF OCTOBER 26, 1951, 65 STAT. 653, 37 U.S.C. 238, PROVIDED, IN PERTINENT PART, THAT:

(A) MEMBERS OF THE UNIFORMED SERVICES WHO ENLIST UNDER THE CONDITIONS SET FORTH IN SUBSECTION (B) OF THIS SECTION WITHIN THREE MONTHS FROM THE DATE OF THEIR DISCHARGE OR SEPARATION, OR WITHIN SUCH LESSER PERIOD OF TIME AS THE SECRETARY CONCERNED MAY DETERMINE FROM TIME TO TIME, SHALL BE PAID A LUMP-SUM REENLISTMENT BONUS OF $40, $90, $160, $250, OR $360 UPON ENLISTMENT FOR A PERIOD OF TWO, THREE, FOUR, FIVE, OR SIX YEARS, RESPECTIVELY; AND, UPON ENLISTMENT FOR AN UNSPECIFIED PERIOD OF TIME AMOUNTING TO MORE THAN SIX YEARS A LUMP SUM REENLISTMENT BONUS OF $360 SHALL BE PAID * * *

(B) FOR THE PURPOSE OF PAYMENT OF THE REENLISTMENT BONUS AUTHORIZED BY SUBSECTION (A) OF THIS SECTION, ENLISTMENT IN ONE OF THE REGULAR SERVICES FOLLOWING (1) COMPULSORY OR VOLUNTARY ACTIVE DUTY IN SUCH SERVICE, OR (2) EXTENDED ACTIVE DUTY OF ONE YEAR OR MORE IN A RESERVE COMPONENT OF SUCH SERVICE, SHALL BE CONSIDERED A REENLISTMENT.

(E) THE SECRETARY CONCERNED SHALL PRESCRIBE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION IN HIS DEPARTMENT.

THE ACT OF JULY 16, 1954, 68 STAT. 488, 37 U.S.C. 238, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

THAT SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949 (CH. 681, 63 STAT. 811), AS AMENDED (37 U.S.C. 238), IS FURTHER AMENDED BY DESIGNATING SUBSECTION "/E)" AS SUBSECTION "/F)" AND BY INSERTING A NEW SUBSECTION (E), AS FOLLOWS:

"/E) THIS SECTION DOES NOT APPLY TO---

"/1) ANY PERSON WHO ORIGINALLY ENLISTS IN A UNIFORMED SERVICE AFTER THE DATE OF ENACTMENT OF THIS AMENDATORY ACT;

"/2)ANY MEMBER OF A UNIFORMED SERVICE IN ACTIVE FEDERAL SERVICE ON THE DATE OF ENACTMENT OF THIS AMENDATORY ACT WHO ELECTS TO BE COVERED BY SECTION 208 OF THIS ACT AND WHO IS OTHERWISE ELIGIBLE FOR THE BENEFITS OF THAT SECTION;

"/3) ANY PERSON WHO---

"/A) WAS DISCHARGED OR RELEASED FROM ACTIVE DUTY FROM A UNIFORMED SERVICE NOT MORE THAN NINETY DAYS BEFORE THE DATE OF ENACTMENT OF THIS AMENDATORY ACT,

"/B) REENLISTS IN THAT SERVICE WITHIN NINETY DAYS AFTER THE DATE OF HIS DISCHARGE OR RELEASE FROM ACTIVE DUTY,

"/C) ELECTS TO BE COVERED BY SECTION 208 OF THIS ACT, AND

"/D) IS OTHERWISE ELIGIBLE FOR THE BENEFITS OF THAT SECTION; OR

"/4) ANY PERSON COVERED BY CLAUSE (2) OR (3) WHO AT ANY TIME ELECTS, OR HAS ELECTED, TO BE COVERED BY SECTION 208 OF THIS ACT.'

SEC. 2. THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, IS FURTHER AMENDED BY INSERTING THE FOLLOWING NEW SECTION AT THE END OF TITLE II:

SEC. 208. * * * A MEMBER OF A UNIFORMED SERVICE WHO REENLISTS IN THE REGULAR COMPONENT OF THE SERVICE CONCERNED WITHIN NINETY DAYS AFTER THE DATE OF HIS DISCHARGE OR RELEASE FROM ACTIVE DUTY, AND WHO IS NOT COVERED BY SECTION 207 OF THIS ACT, IS ENTITLED TO A BONUS COMPUTED ACCORDING TO THE FOLLOWING TABLE: " REENLISTMENT COLUMN (1) COLUMN (2)

INVOLVED (1) TAKE--- MULTIPLY BY--- FIRST............ MONTHLY BASIC PAY TO WHICH NUMBER OF YEARS

THE MEMBER WAS ENTITLED AT SPECIFIED IN

THE TIME OF DISCHARGE. (2) REENLISTMENT CONTRACT,

OR 6, IF NONE

SPECIFIED. (3) SECOND........... TWO THIRDS OF THE MONTHLY NUMBER OF YEARS

BASIC PAY TO WHICH THE MEMBER SPECIFIED IN

WAS ENTITLED AT THE TIME OF REENLISTMENT CONTRACT,

DISCHARGE. (4) OR 6, IF NONE

SPECIFIED. (3)

"/1) ANY REENLISTMENT WHEN A BONUS WAS NOT AUTHORIZED IS NOT COUNTED.

"/2) TWO-THIRDS OF THE MONTHLY BASIC PAY IN THE CASE OF A MEMBER IN PAY GRADE E-1 AT THE TIME OF DISCHARGE.

"/3) ON THE SIXTH ANNIVERSARY OF AN INDEFINITE REENLISTMENT, AND ON EACH ANNIVERSARY THEREAFTER, THE MEMBER IS ENTITLED TO A BONUS EQUAL TO ONE- THIRD OF THE MONTHLY BASIC PAY TO WHICH HE IS ENTITLED ON THAT ANNIVERSARY DATE.

"/4) NO BONUS MAY BE PAID TO A MEMBER IN PAY GRADE E-1 OR E-2 AT THE TIME OF DISCHARGE.

"/C) THE CUMULATIVE AMOUNT WHICH MAY BE PAID TO A MEMBER UNDER THIS SECTION OR UNDER THIS SECTION AND ANY OTHER PROVISION OF LAW AUTHORIZING REENLISTMENT BONUSES MAY NOT EXCEED $2,000.

"/E) IN THIS SECTION,"REENLISTMENT" MEANS---

"/1) AN ENLISTMENT IN A REGULAR COMPONENT OF A UNIFORMED SERVICE AFTER COMPULSORY OR VOLUNTARY ACTIVE DUTY IN THAT SERVICE; OR

"/2) A VOLUNTARY EXTENSION OF AN ENLISTMENT FOR TWO OR MORE YEARS. * *

IN OUR DECISION OF MARCH 27, 1957, B-116353, 36 COMP. GEN. 677, THERE WAS CONSIDERED THE MATTER OF AUDIT EXCEPTIONS TAKEN BY OUR OFFICE TO THE PAYMENT OF TWO ENLISTED MEN, SERGEANTS ISENBERG AND KOHL, OF REENLISTMENT BONUSES UNDER SECTION 208 OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 239, IN EACH INSTANCE AS FOR A FIRST REENLISTMENT. THOSE MEN HAD SERVED ON ACTIVE DUTY AS RESERVISTS FOR MORE THAN ONE YEAR BUT WITH SHORT INTERRUPTIONS IN SERVICE OF LESS THAN 90 DAYS, SO THAT THEY HAD ACTUALLY SERVED CONTINUOUSLY FOR LESS THAN ONE YEAR WHEN IN 1952 THEY WERE DISCHARGED AND ENLISTED IN THE REGULAR ARMY THE FOLLOWING DAY. REENLISTMENT WAS PAID INCIDENT TO THOSE ENLISTMENTS BUT UPON COMPLETION OF SUCH TERMS OF SERVICE--- AFTER THE 1954 AMENDMENT--- THEY REENLISTED AND WERE PAID A REENLISTMENT BONUS UNDER SECTION 208 AS FOR A FIRST REENLISTMENT. THE AUDIT EXCEPTIONS WERE UPON THE BASIS THAT THE MEN WERE ENTITLED TO A REENLISTMENT BONUS UNDER SECTION 207 WHEN THEY ENLISTED IN 1952 AND, HENCE, THE BONUS PAYABLE IN 1955 SHOULD HAVE BEEN COMPUTED UNDER SECTION 208 AS FOR A SECOND REENLISTMENT.

IT WAS HELD IN THE DECISION OF MARCH 27, 1957, THAT THE PHRASE "EXTENDED ACTIVE DUTY OF ONE YEAR OR MORE" IN SECTION 207 (B) OF THE CAREER COMPENSATION ACT OF 1949, SUPRA, 37 U.S.C. 238 (B), DID NOT PRESCRIBE THAT SUCH DUTY MUST BE CONTINUOUS, BUT THAT IT ALSO INCLUDED PERIODS OF ACTIVE DUTY WHICH MAY HAVE BEEN INTERRUPTED FOR A PERIOD OR PERIODS OF NOT MORE THAN 90 DAYS EACH. IT WAS STATED THAT SUCH VIEW WAS IN CONSONANCE WITH PRIOR STATUTORY PROVISIONS GOVERNING THE PAYMENT OF ENLISTMENT ALLOWANCES, SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 363, 37 U.S.C. 110 (1946 USED.), AS AMENDED BY SECTION 8 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945, 59 STAT. 541, HAVING PROVIDED THAT AN ENLISTMENT ALLOWANCE WAS PAYABLE UPON AN ENLISTMENT IN A BRANCH OF THE REGULAR SERVICE WITHIN THREE MONTHS FROM DATE OF DISCHARGE; THAT IN DETERMINING ELIGIBILITY OF ANY ENLISTED OR REENLISTED IN THE REGULAR COMPONENT TO RECEIVE AN ENLISTMENT ALLOWANCE, AND IN COMPUTING THE AMOUNT THEREOF, ALL CONTINUOUS ACTIVE FEDERAL SERVICE IN ONE OF THE SPECIFIED COMPONENTS OF THE ARMED FORCES SHOULD, IF HONORABLY PERFORMED SUBSEQUENT TO PAYMENT OF THE LAST PREVIOUS ENLISTMENT ALLOWANCE, BE CREDITED AS A PERIOD OF ACTIVE SERVICE; AND THAT IN DETERMINING WHETHER ACTIVE FEDERAL SERVICE WAS CONTINUOUS, ANY INTERRUPTIONS OF NOT MORE THAN 90 DAYS EACH BETWEEN PERIODS OF SUCH SERVICE SHOULD BE DISREGARDED.

IN COMMITTEE ACTION NO. 185 IT IS STATED THAT GREAT WEIGHT SHOULD BE GIVEN TO THE UNIFORM ADMINISTRATIVE INTERPRETATION, FROM THE DATE OF APPROVAL OF THE CAREER COMPENSATION ACT TO THE DATE OF THE ABOVE DECISION, THAT THE PHRASE "EXTENDED ACTIVE DUTY OF ONE YEAR OR MORE" MEANT ACTIVE DUTY WITHOUT INTERRUPTION. ALSO, IT IS STATED THAT IT IS LOGICAL TO ASSUME THAT THE CONGRESS, IF IT HAD INTENDED THAT INTERRUPTIONS OF ACTIVE DUTY OF NOT MORE THAN 90 DAYS EACH SHOULD BE DISREGARDED, WOULD HAVE INCLUDED LANGUAGE TO THAT EFFECT. IT IS ARGUED THAT THE OMISSION OF SUCH LANGUAGE INDICATES AN INTENT THAT THE "90-DAY RULE" BE NO LONGER EMPLOYED.

WE GIVE CAREFUL CONSIDERATION TO ADMINISTRATIVE DETERMINATIONS WHICH HAVE BEEN MADE REGARDING ANY LAW PRIOR TO OUR BEING CALLED UPON TO CONSTRUE IT. BUT WE CANNOT WAIVE OUR DUTY TO INTERPRET A LAW MERELY BECAUSE AN ADMINISTRATIVE INTERPRETATION OF THE LAW ALREADY HAS BEEN MADE, REGARDLESS OF HOW LONG SUCH AN ADMINISTRATIVE DETERMINATION MAY HAVE BEEN IN EXISTENCE PRIOR TO OUR HAVING OCCASION TO PASS UPON THE MATTER. IN THE DECISION OF MARCH 27, 1957, WE GAVE WEIGHT TO PRIOR ADMINISTRATIVE DETERMINATIONS WHICH WE CONSIDERED TO HAVE BEEN ERRONEOUS, BY NOT DISTURBING ANY PAYMENTS WHICH HAD BEEN MADE UNDER SUCH DETERMINATIONS.

AS TO THE MATTER OF HOW THE CONGRESS COULD HAVE INDICATED WHETHER THE "90 -DAY RULE" WAS INTENDED TO BE INCLUDED IN THE NEW LEGISLATION, WE THINK THAT AN INTENT THAT IT WAS NOT TO BE INCLUDED COULD QUITE EASILY HAVE BEEN SHOWN BY THE USE OF THE WORD "CONTINUOUS" INSTEAD OF THE WORD "EXTENDED.'

WHILE THE ARGUMENTS PRESENTED IN COMMITTEE ACTION NO. 185 HAVE BEEN CAREFULLY EXAMINED, IT IS NOT CONSIDERED THAT SUCH ARGUMENTS PRESENT ANY PROPER BASIS FOR MODIFYING OUR HOLDING OF MARCH 27, 1957. ACCORDINGLY, QUESTION A IS ANSWERED IN THE NEGATIVE, QUESTION B IN THE AFFIRMATIVE, AND QUESTION C IN THE NEGATIVE.

AFTER CONCLUDING IN THE DECISION OF MARCH 27, 1957, THAT THE AUDIT EXCEPTIONS INVOLVED WERE PROPERLY ISSUED, IT WAS FURTHER STATED:

HOWEVER, WE ARE AWARE THAT THE LAW ON THIS POINT IS NOT CLEAR AND THAT WE HAVE ISSUED NO PRIOR DECISION INTERPRETING IT IN THAT RESPECT. MOREOVER, THERE IS FOR CONSIDERATION THE SOMEWHAT COMPARABLE SITUATION OF MEN WHO, SUBSEQUENT TO OCTOBER 1, 1949, WERE PAID ENLISTMENT ALLOWANCE UNDER SAVED PAY PROVISIONS OF THE CAREER COMPENSATION ACT OF 1949 AND WHO, UPON SUBSEQUENT ENLISTMENT, WERE PAID REENLISTMENT BONUSES UNDER SECTION 208 OF THE CAREER COMPENSATION ACT OF 1949 AS FOR A FIRST REENLISTMENT. SUCH PAYMENTS UNDER SECTION 208 HAVE BEEN VALIDATED BY THE ACT OF JUNE 29, 1956, 70 STAT. 373, 37 U.S.C. 239 NOTE. UNDER THE CIRCUMSTANCES, WE WILL NOT INSIST UPON COLLECTION OF ANY REENLISTMENT BONUSES HERETOFORE PAID UNDER SECTION 208 OF THE CAREER COMPENSATION ACT OF 1949 UNDER CONDITIONS COMPARABLE TO THOSE IN THE CASES OF SERGEANTS ISENBERG AND KOHL. ACCORDINGLY, THE EXCEPTIONS IN THEIR CASES, AND EXCEPTIONS IN LIKE CASES HAVING REFERENCE TO PAYMENTS HERETOFORE MADE, WILL BE REMOVED. HOWEVER, PAYMENTS OF REENLISTMENT BONUS HEREAFTER MADE SHOULD BE MADE IN ACCORDANCE WITH THE VIEWS AND PRINCIPLES SET FORTH ABOVE.

THE EFFECT OF THE LAST TWO PARAGRAPHS OF THE DECISION OF MARCH 27, 1957, WAS TO AUTHORIZE MEN IN THE SITUATION CONSIDERED IN THAT DECISION TO RETAIN BONUSES ERRONEOUSLY CREDITED UNDER SECTION 208 AS FOR A FIRST REENLISTMENT IN LIEU OF REQUIRING ADJUSTMENTS IN THEIR ACCOUNTS TO REPRESENT A CREDIT AS FOR A FIRST REENLISTMENT UNDER SECTION 207 AND A SECOND REENLISTMENT UNDER SECTION 208. IN OTHER WORDS, SUCH MEN WERE TO BE TREATED AS IF THE ENLISTMENTS FOR WHICH THEY WERE CREDITED BONUSES UNDER SECTION 208 WERE, IN FACT, FIRST REENLISTMENTS. THERE WAS NO INDICATION OF ANY INTENT THAT A MAN SHOULD RETAIN THE ERRONEOUS CREDIT UNDER SECTION 208 AS FOR A FIRST REENLISTMENT AND ALSO, AS A MATTER OF COURSE, HE WAS PAID A BONUS UNDER SECTION 207 FOR A PRIOR REENLISTMENT. AN ERRONEOUS ADMINISTRATIVE INTERPRETATION OF THE LAW, HOWEVER, SHOULD NOT OPERATE TO DEPRIVE MEMBERS OF MONETARY BENEFITS TO WHICH THEY WOULD HAVE BEEN ENTITLED UNDER A PROPER INTERPRETATION THEREOF. ACCORDINGLY, QUESTIONS 2 AND 3 ARE ANSWERED IN THE AFFIRMATIVE. QUESTION 4 ALSO IS ANSWERED IN THE AFFIRMATIVE. COMPARE 36 COMP. GEN. 332.

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