B-118089, APRIL 23, 1954, 33 COMP. GEN. 513

B-118089, APRIL 23, 1954, 33 COMP. GEN. 513

GRATUITIES - REENLISTMENT BONUS - FAILURE TO COMPLETE ENLISTMENT - REFUND REQUIREMENT PRIOR TO AMENDMENT OF OCTOBER 26, 1951, SECTION 207 (A) OF THE CAREER COMPENSATION ACT OF 1949 CONTAINED NO PROVISION FOR REFUND OF ANY PORTION OF REENLISTMENT BONUS IN THE EVENT THE ENLISTED PERSON DID NOT COMPLETE THE TERM OF ENLISTMENT TO WHICH THE BONUS RELATED, AND THEREFORE A MEMBER WHO ENLISTED PRIOR TO OCTOBER 26, 1951, AND WHO VOLUNTARILY, OR AS A RESULT OF OWN MISCONDUCT, FAILS TO COMPLETE TERM OF ENLISTMENT AND IS DISCHARGED AFTER THAT DATE IS NOT REQUIRED TO REFUND ANY PORTION OF THE REENLISTMENT BONUS PAID INCIDENT TO SUCH ENLISTMENT. PERIODS OF "TIME LOST" BY A MEMBER OF THE UNIFORMED SERVICES DUE TO UNAUTHORIZED ABSENCE, CONFINEMENT AS THE RESULT OF CONVICTION BY COURT MARTIAL, CONFINEMENT WHILE AWAITING TRIAL AND DISPOSITION OF CASE, IF CONVICTED, OR ARREST AND CONFINEMENT BY CIVIL AUTHORITIES, ARE REQUIRED TO BE ADDED TO THE OTHERWISE NORMAL DATE OF EXPIRATION OF AN ENLISTMENT IN DETERMINING THE "UNEXPIRED PART OF SUCH ENLISTMENT" IN COMPUTING THE AMOUNT OF REENLISTMENT BONUS TO BE REFUNDED UNDER THE ACT OF OCTOBER 26, 1951, WHEN THE MEMBER VOLUNTARILY, OR AS A RESULT OF OWN MISCONDUCT, DOES NOT COMPLETE THE TERMS OF ENLISTMENT FOR WHICH THE BONUS WAS PAID. THE ACT OF OCTOBER 26, 1951, PROVIDES, WITH RESPECT TO THE AMOUNT OF REENLISTMENT BONUS TO BE REFUNDED BY MEMBER OF UNIFORMED SERVICES WHERE THE FULL TERM OF ENLISTMENT IS NOT COMPLETED, THAT THE MEMBER SHALL BE LIABLE TO REFUND THAT PART OF SUCH BONUS AS THE UNEXPIRED PART OF SUCH ENLISTMENT BEARS TO THE TOTAL ENLISTMENT PERIOD FOR WHICH THE BONUS WAS PAID, AND THEREFORE THE REGULATIONS SHOULD REQUIRE COMPUTATION OF THE REFUND ON A BASIS WHICH WOULD PERMIT THE BONUS TO BE RETAINED ONLY FOR THE PERIOD OF THE ENLISTMENT COMPLETED; HOWEVER, THE COMPUTATION OF THE AMOUNT TO BE REFUNDED ON THE BASIS OF THE NUMBER OF MONTHS COMPLETED, RATHER THAN ON A DAY BASIS, IS NOT OBJECTIONABLE.

ACTING COMPTROLLER GENERAL WEITZEL TO THE SECRETARY OF DEFENSE, APRIL 23, 1954:

REFERENCE IS MADE TO A LETTER DATED DECEMBER 17, 1953, FROM THE ASSISTANT SECRETARY OF DEFENSE, IN WHICH DECISION IS REQUESTED RELATIVE TO THE PROPER APPLICATION OF THE LAST PROVISO OF SECTION 207 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED BY THE ACT OF OCTOBER 26, 1951, 65 STAT. 653, 37 U.S.C. 238, UNDER THE CIRCUMSTANCES DISCLOSED IN SEVERAL QUESTIONS SET FORTH IN A WRITTEN DISCUSSION ( COMMITTEE ACTION NO. 79, MILITARY PAY AND ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE), ENCLOSED WITH THE LETTER.

THE LAST PROVISO OF SECTION 207 (A), 63 STAT. 811, READS AS FOLLOWS:

* * * THAT AFTER THE ENACTMENT OF THIS AMENDMENT AND UNDER SUCH REGULATIONS AS MAY BE APPROVED BY THE SECRETARY OF DEFENSE OR THE SECRETARY OF THE TREASURY WITH RESPECT TO COAST GUARD PERSONNEL ANY PERSON TO WHOM A REENLISTMENT BONUS IS PAID AS HEREIN PROVIDED, AND WHO VOLUNTARILY OR AS THE RESULT OF HIS OWN MISCONDUCT, DOES NOT COMPLETE THE TERM OF ENLISTMENT FOR WHICH THE BONUS WAS PAID, SHALL BE LIABLE TO REFUND SUCH PART OF SUCH BONUS AS THE UNEXPIRED PART OF SUCH ENLISTMENT BEARS TO THE TOTAL ENLISTMENT PERIOD FOR WHICH SUCH BONUS WAS PAID, LESS ANY AMOUNT PAID IN FEDERAL OR STATE INCOME TAXES ON SUCH REFUNDABLE PART.

THE QUESTIONS SET FORTH IN COMMITTEE ACTION NO. 79 ARE AS FOLLOWS:

IS AN ENLISTED MEMBER OF THE UNIFORMED SERVICES WHO ENLISTED PRIOR TO OCTOBER 26, 1951, THE DATE OF THE AMENDMENT OF SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949, AND WHO VOLUNTARILY OR AS A RESULT OF HIS OWN MISCONDUCT FAILS TO COMPLETE THE TERM OF HIS ENLISTMENT AND IS DISCHARGED AFTER THAT DATE, REQUIRED TO REFUND ANY PORTION OF THE REENLISTMENT BONUS PAID INCIDENT TO SUCH ENLISTMENT?

ARE PERIODS OF "TIME LOST" BY A MEMBER OF THE UNIFORMED SERVICES DUE TO UNAUTHORIZED ABSENCE, CONFINEMENT AS THE RESULT OF CONVICTION BY COURT- MARTIAL, CONFINEMENT WHILE AWAITING TRIAL AND DISPOSITION OF HIS CASE, IF CONVICTED, OR ARREST AND CONFINEMENT BY CIVIL AUTHORITIES, REQUIRED TO BE ADDED TO THE OTHERWISE NORMAL DATE OF EXPIRATION OF AN ENLISTMENT IN DETERMINING THE ,UNEXPIRED PART OF SUCH ENLISTMENT" IN COMPUTING THE AMOUNT OF REENLISTMENT BONUS TO BE REFUNDED UNDER THE ACT OF OCTOBER 26, 1951, WHEN THE MEMBER VOLUNTARILY, OR AS A RESULT OF HIS OWN MISCONDUCT, DOES NOT COMPLETE THE TERM OF ENLISTMENT FOR WHICH THE BONUS WAS PAID?

THE FOLLOWING EXAMPLES ARE ILLUSTRATIVE OF THE QUESTIONS PRESENTED:

(A) MEMBER REENLISTED JULY 7, 1951, FOR A PERIOD OF 6 YEARS, AT WHICH TIME HE WAS PAID A REENLISTMENT BONUS IN THE AMOUNT OF $360. DURING THE PERIOD JULY 7, 1951, TO MARCH 10, 1953, THE MEMBER WAS ABSENT WITHOUT LEAVE FOR A PERIOD TOTALING 5 MONTHS AND 20 DAYS. ON MARCH 10, 1953, THE MEMBER WAS GIVEN A BAD CONDUCT DISCHARGE. UNDER THE ABOVE CIRCUMSTANCES, IS THE MEMBER REQUIRED TO REFUND ANY PART OF THE REENLISTMENT BONUS?

(B) MEMBER REENLISTED DECEMBER 7, 1951, FOR A PERIOD OF SIX YEARS, AT WHICH TIME HE WAS PAID A REENLISTMENT BONUS IN THE AMOUNT OF $360. DURING THE PERIOD DECEMBER 7, 1951, TO MARCH 10, 1953, THE MEMBER WAS ABSENT WITHOUT LEAVE FOR A PERIOD TOTALING 5 MONTHS AND 20 DAYS. ON MARCH 10, 1953, THE MEMBER WAS GIVEN A BAD CONDUCT DISCHARGE. UNDER THE ABOVE CIRCUMSTANCES, IS REENLISTMENT BONUS REQUIRED TO BE REFUNDED IN THE AMOUNT OF $240 OR $300.

(C) MEMBER REENLISTED ON NOVEMBER 7, 1951, FOR A PERIOD OF 4 YEARS AT WHICH TIME HE WAS PAID A REENLISTMENT BONUS IN THE AMOUNT OF $160. THE MEMBER IS DISCHARGED AT THE NORMAL EXPIRATION OF ENLISTMENT ON NOVEMBER 6, 1955. DURING THE ABOVE PERIOD OF ENLISTMENT THE MEMBER WAS ABSENT WITHOUT LEAVE FOR A PERIOD OF ONE YEAR AND 3 DAYS. UNDER THE ABOVE CIRCUMSTANCES, IS THE MEMBER, ON DISCHARGE, NOVEMBER 6, 1955, REQUIRED TO REFUND ANY PART OF THE REENLISTMENT BONUS?

PRIOR TO THE AMENDMENT OF OCTOBER 26, 1951, SECTION 207 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 811, CONTAINED NO PROVISION FOR REFUND OF ANY PORTION OF THE REENLISTMENT BONUS IN THE EVENT THE ENLISTED PERSON DID NOT COMPLETE THE TERM OF ENLISTMENT TO WHICH THE BONUS RELATED. THE PROVISO ADDED BY THE ACT OF OCTOBER 26, 1951, APPEARS BY ITS OWN TERMS TO BE PROSPECTIVE IN OPERATION SINCE IT PROVIDES "THAT AFTER ENACTMENT OF THIS AMENDMENT * * * ANY PERSON TO WHOM A REENLISTMENT BONUS IS PAID" AND WHO VOLUNTARILY OR AS THE RESULT OF HIS OWN MISCONDUCT DOES NOT COMPLETE THE TERM OF ENLISTMENT FOR WHICH THE BONUS WAS PAID SHALL BE LIABLE TO REFUND A PRO RATA PORTION OF SUCH AMOUNT. HENCE, IT IS CONCLUDED THAT THE SAID PROVISO CONSTITUTES NO AUTHORITY FOR REQUIRING A REFUND OF ANY PORTION OF A REENLISTMENT BONUS PAID INCIDENT TO AN ENLISTMENT ENTERED INTO PRIOR TO THE DATE OF THE AMENDMENT. ACCORDINGLY, THE FIRST QUESTION IS ANSWERED IN THE NEGATIVE.

THE LAWS AND REGULATIONS RELATING TO AN ENLISTED MEMBER MAKING GOOD "TIME LOST" DURING THE PERIOD OF HIS ENLISTMENT, BEFORE HIS ENLISTMENT MAY BE CONSIDERED COMPLETE, ARE NOT UNIFORM AS TO THE ARMED FORCES. WITH RESPECT TO THE NAVY AND MARINE CORPS, THE ACT OF AUGUST 29, 1916, 39 STAT. 580, AS AMENDED, 34 U.S.C. 183, AND THE ACT OF MAY 21, 1928, 45 STAT. 620, 34 U.S.C. 183A, PROVIDE:

183. TERM AS AFFECTED BY ABSENCE FROM DUTY ON ACCOUNT OF SICKNESS RESULTING FROM MISCONDUCT. AN ENLISTMENT IN THE NAVY OR MARINE CORPS SHALL NOT BE REGARDED AS COMPLETE UNTIL THE ENLISTED MAN SHALL HAVE MADE GOOD ANY TIME IN EXCESS OF ONE DAY LOST ON ACCOUNT OF INJURY, SICKNESS, OR DISEASE RESULTING FROM HIS OWN INTEMPERATE USE OF DRUGS, OR ALCOHOLIC LIQUORS, OR OTHER MISCONDUCT.

183A. TERM AS AFFECTED BY UNAUTHORIZED ABSENCE FROM DUTY OR BY CONFINEMENT UNDER SENTENCE OR PENDING TRIAL. EVERY ENLISTED MAN IN THE NAVAL SERVICE WHO, WITHOUT PROPER AUTHORITY, ABSENTS HIMSELF FROM HIS SHIP, STATION, OR DUTY FOR MORE THAN ONE DAY, OR WHO IS CONFINED FOR MORE THAN ONE DAY UNDER SENTENCE, OR WHILE AWAITING TRIAL AND DISPOSITION OF HIS CASE, IF THE TRIAL RESULTS IN CONVICTION, MAY BE PERMITTED TO SERVE, AFTER HIS RETURN TO A FULL-DUTY STATUS, FOR SUCH PERIOD AS SHALL, WITH THE TIME HE MAY HAVE SERVED PRIOR TO SUCH UNAUTHORIZED ABSENCE OR CONFINEMENT, AMOUNT TO THE FULL TERM OF HIS ENLISTMENT.

ARTICLE C-10304 (2), BUREAU OF NAVAL PERSONNEL MANUAL, PROVIDES:

THE NORMAL DATE OF EXPIRATION OF ENLISTMENT FOR A 2-, 3-, 4-, OR 6 YEAR ENLISTMENT IS THE DAY PRECEDING THE SECOND, THIRD, FOURTH, OR SIXTH ANNIVERSARY RESPECTIVELY, OF THE DATE OF ENLISTMENT PLUS ANY TIME IN EXCESS OF 1 DAY LOST ON ACCOUNT OF INJURY, SICKNESS, OR DISEASE, RESULTING FROM THE INDIVIDUAL'S OWN INTEMPERATE USE OF DRUGS OR ALCOHOLIC LIQUORS, OR OTHER MISCONDUCT. ENLISTED PERSONNEL SHALL BE REQUIRED TO MAKE UP DAY FOR DAY SUCH ACTUAL TIME LOST AND NO MORE. IN THE CASE OF A MINORITY ENLISTMENT, THE DATE OF EXPIRATION IS THE DAY PRECEDING THE TWENTY-FIRST BIRTHDAY. A PERSON COMPLETING A MINORITY ENLISTMENT MAY MAKE UP TIME LOST IF HE SO DESIRES. IN SOME CASES IT WILL PROVE OF BENEFIT AS REGARDS REENLISTMENT ALLOWANCE. MISCONDUCT AS USED HEREIN DOES NOT INCLUDE TIME LOST DUE TO UNAUTHORIZED ABSENCE, CONFINEMENT AS THE RESULT OF CONVICTION BY COURT MARTIAL, OR ARREST AND CONFINEMENT BY CIVIL AUTHORITIES, FOR WHICH THE MAKING UP OF TIME SO LOST IS OPTIONAL WITH THE INDIVIDUAL.

AS TO THE ARMY AND AIR FORCE, THE ACT OF JUNE 4, 1920, 41 STAT. 809 (FORMER ARTICLE OF WAR 107), AS AMENDED BY SECTION 6 OF THE UNIFORM CODE OF MILITARY JUSTICE (APPROVED MAY 5, 1950), 64 STAT. 145, 10 U.S.C. 629, READS, IN PERTINENT PART, AS FOLLOWS:

SOLDIERS TO MAKE GOOD TIME LOST.

EVERY SOLDIER WHO IN AN EXISTING OR SUBSEQUENT ENLISTMENT DESERTS THE SERVICE OF THE UNITED STATES OR WITHOUT PROPER AUTHORITY ABSENTS HIMSELF FROM HIS ORGANIZATION, STATION, OR DUTY FOR MORE THAN ONE DAY, OR WHO IS CONFINED FOR MORE THAN ONE DAY UNDER SENTENCE, OR WHILE AWAITING TRIAL AND DISPOSITION OF HIS CASE, IF THE TRIAL RESULTS IN CONVICTION, OR THROUGH THE INTEMPERATE USE OF DRUGS OR ALCOHOLIC LIQUOR, OR THROUGH DISEASE OR INJURY THE RESULT OF HIS OWN MISCONDUCT, RENDERS HIMSELF UNABLE FOR MORE THAN ONE DAY TO PERFORM DUTY, SHALL BE LIABLE TO SERVE, AFTER HIS RETURN TO A FULL-DUTY STATUS, FOR SUCH PERIOD AS SHALL, WITH THE TIME HE MAY HAVE SERVED PRIOR TO SUCH DESERTION, UNAUTHORIZED ABSENCE, CONFINEMENT, OR INABILITY TO PERFORM DUTY, AMOUNT TO THE FULL TERM OF THAT PART OF HIS ENLISTMENT PERIOD WHICH HE IS REQUIRED TO SERVE WITH HIS ORGANIZATION * *

PARAGRAPH 12A, ARMY REGULATIONS 615-360, JUNE 24, 1953, PROVIDES AS FOLLOWS:

* * * TIME LOST TO BE MADE GOOD.--- EVERY INDIVIDUAL WHO, IN AN EXISTING OR SUBSEQUENT ENLISTMENT, INDUCTION OR OTHER PERIOD OF ACTIVE MILITARY SERVICE, DESERTS THE SERVICE OF THE UNITED STATES, OR WITHOUT PROPER AUTHORITY ABSENTS HIMSELF FROM HIS ORGANIZATION, STATION, OR DUTY FOR MORE THAN 1 DAY, OR WHO IS CONFINED FOR MORE THAN 1 DAY UNDER SENTENCE, OR WHILE AWAITING TRIAL AND DISPOSITION OF HIS CASE, IF THE TRIAL RESULTS IN CONVICTION, OR THROUGH THE INTEMPERATE USE OF DRUGS OR ALCOHOLIC LIQUOR, OR THROUGH DISEASE OR INJURY THE RESULT OF HIS OWN MISCONDUCT, RENDERS HIMSELF UNABLE FOR MORE THAN 1 DAY TO PERFORM DUTY, SHALL BE LIABLE TO SERVE, AFTER HIS RETURN TO A FULL DUTY STATUS, FOR SUCH PERIOD AS SHALL, WITH THE TIME HE MAY HAVE SERVED PRIOR TO SUCH DESERTION, UNAUTHORIZED ABSENCE, CONFINEMENT OR INABILITY TO PERFORM DUTY, AMOUNT TO THE FULL TERM OF THAT PART OF HIS PERIOD OF SERVICE WHICH HE IS REQUIRED TO SERVE WITH HIS ORGANIZATION BEFORE BEING DISCHARGED OR RELEASED FROM ACTIVE MILITARY SERVICE. HE CANNOT BEGIN TO MAKE GOOD SUCH TIME UNTIL RESTORED TO A FULL DUTY STATUS. SEE ALSO, PARAGRAPH 13C, AIR FORCE REGULATION 39-10 DATED 27 OCTOBER 1953.

AN ENLISTMENT IS A CONTRACT. IN RE GRIMLEY, 137 U.S. 147, 151. THE SUPREME COURT, IN THE CASE OF UNITED STATES V. LANDERS, 92 U.S. 77, 79, A CASE INVOLVING THE RIGHTS OF A SOLDIER AFTER DESERTION, REFERS TO THE CONTRACT OF ENLISTMENT AS REQUIRING FAITHFUL SERVICE; THAT THE CONTRACT IS AN ENTIRETY, AND "IF SERVICE FOR ANY PORTION OF THE TIME IS CRIMINALLY OMITTED," THE PAY AND ALLOWANCES FOR FAITHFUL SERVICE ARE NOT EARNED. WHILE THE PROVISIONS OF THE ABOVE-QUOTED STATUTES CONCERNING TIME LOST DIFFER IN THAT SOME OF THE PROVISIONS DO NOT REQUIRE AN ENLISTED MAN TO MAKE UP TIME LOST, ALL OF THE PROVISIONS RECOGNIZE THAT THE FULL TERM OF ENLISTMENT IS NOT COMPLETED UNLESS A PERIOD EQUAL TO THE TIME LOST IS SERVED AFTER THE NORMAL EXPIRATION OF THE ENLISTMENT PERIOD.

ENTITLEMENT TO PAYMENT OF THE REENLISTMENT BONUS AUTHORIZED BY THE SAID SECTION 207 (A), AS AMENDED, IS CONDITIONED UPON THE ENLISTED MEMBER AGREEING TO FAITHFULLY SERVE IN THE FUTURE FOR A SPECIFIED PERIOD OF YEARS. IF DURING THAT PERIOD, HE VOLUNTARILY OR AS THE RESULT OF HIS OWN MISCONDUCT IS ABSENT WITHOUT AUTHORITY; CONFINED AS THE RESULT OF CONVICTION BY COURT-MARTIAL; CONFINED WHILE AWAITING TRIAL AND DISPOSITION OF HIS CASE, IS CONVICTED; OR ARRESTED, CONFINED AND CONVICTED BY CIVIL AUTHORITIES, HE IS NOT RENDERING SERVICE TO THE UNITED STATES WHILE SO ABSENT FROM HIS ORGANIZATION AS REQUIRED BY HIS CONTRACT OF ENLISTMENT. HENCE, AT THE NORMAL EXPIRATION DATE OF HIS ENLISTMENT IF HE DOES NOT MAKE GOOD THE TIME LOST DURING SUCH PERIODS OF ABSENCE IN ORDER TO COMPLETE THE FULL TERM OF ENLISTMENT, OR IF HE IS GIVEN A BAD CONDUCT DISCHARGE PRIOR TO COMPLETING THE FULL TERM OF HIS ENLISTMENT, HE MAY NOT BE CONSIDERED AS HAVING SERVED THE "TERM OF ENLISTMENT" FOR WHICH THE BONUS WAS PAID. ACCORDINGLY, THE SECOND QUESTION IS ANSWERED IN THE AFFIRMATIVE.

ON THE BASIS OF THE FOREGOING ANSWERS, THE MEMBER IN EXAMPLE (A), HAVING REENLISTED BEFORE SECTION 207 (A) WAS AMENDED ON OCTOBER 26, 1951, IS NOT REQUIRED TO REFUND ANY PART OF THE REENLISTMENT BONUS. MEMBERS IN EXAMPLES (B) AND (C) SHOULD BE REQUIRED TO MAKE APPROPRIATE REFUND. WITH RESPECT TO THE AMOUNT TO BE REFUNDED WHERE THE FULL TERM OF ENLISTMENT IS NOT COMPLETED, THE SAID ACT OF OCTOBER 26, 1951, PROVIDES THAT THE MEMBER SHALL BE "LIABLE TO REFUND SUCH PART OF SUCH BONUS AS THE UNEXPIRED PART OF SUCH ENLISTMENT BEARS TO THE TOTAL ENLISTMENT PERIOD FOR WHICH SUCH BONUS WAS PAID.' REGULATIONS ISSUED BY THE ARMY, NAVY, AND AIR FORCE PROVIDE THAT REFUND WILL BE REQUIRED ONLY FOR FULL YEARS NOT SERVED. REPRESENTATIVE OF THOSE REGULATIONS, PARAGRAPH 10 (E), ARMY REGULATIONS 35 -1525, DATED APRIL 15, 1952, PROVIDES:

E. THE AMOUNT OF REENLISTMENT BONUS TO BE REFUNDED WILL BE COMPUTED ON THE NUMBER OF YEARS (WHOLE) OF THE CONTRACT WHICH THE ENLISTED MEMBER DID NOT COMPLETE. * * *

EXAMPLE:

ENLISTMENT CONTRACT ---------------------------------- 4 YEARS.

TIME SERVED IN ENLISTMENT ---------------------------- 2 YEARS 1 DAY.

AMOUNT OF REENLISTMENT BONUS PAID -------------------- $160.

NUMBER OF WHOLE YEARS REMAINING IN CONTRACT ---------- 1 YEAR

( 1/4 OF CONTRACT). THE AMOUNT OF THE REFUND IS COMPUTED BY MULTIPLYING $160 BY THE

FRACTION 1/4, GIVING THE AMOUNT OF THE REFUND AS --- $40.

UNDER THOSE REGULATIONS AND THE REGULATIONS APPLICABLE TO THE NAVY AND AIR FORCE, A MEMBER WHO SERVES ONLY PART, EVEN ONE DAY, OF THE PERIOD FOR WHICH HE ENLISTED WOULD BE PERMITTED TO RETAIN THE REENLISTMENT BONUS PAID ON THE SAME BASIS AS A MEMBER WHO COMPLETED THE ENTIRE FIRST YEAR OF HIS ENLISTMENT. IN OTHER WORDS, NO REFUND WOULD BE REQUIRED FOR ANY PERIOD LESS THAN A FULL YEAR. IN THAT RESPECT THE REGULATIONS DO NOT SEEM TO BE CONSISTENT WITH THE PROVISIONS OF THE STATUTE. THAT IS, THE STATUTE REQUIRES REFUND ON A PRO RATA BASIS FOR THE PERIOD OF THE ENLISTMENT NOT COMPLETED, WHEREAS THE REGULATIONS REQUIRE REFUND FOR ONLY COMPLETE YEARS IN THE ENLISTMENT PERIOD WHICH WERE NOT COMPLETED BY SERVICE. NOTHING HAS BEEN FOUND IN THE LAW WHICH PERMITS RETENTION OF THE BONUS FOR ANY PERIOD DURING WHICH SERVICE WAS NOT PERFORMED AND IT IS THE VIEW OF THIS OFFICE THAT TO BE CONSISTENT WITH THE STATUTE THE REGULATIONS MUST REQUIRE COMPUTATION ON A BASIS WHICH WOULD PERMIT THE BONUS TO BE RETAINED ONLY FOR THE PERIOD OF THE ENLISTMENT COMPLETED. UNDER THE LANGUAGE OF THE STATUTE AND ITS PURPOSE, IT MAY NOT BE NECESSARY TO COMPUTE THE FRACTION OF THE ENLISTMENT COMPLETED ON A DAY BASIS. THE COMPUTATION OF THE AMOUNT TO BE REFUNDED ON THE BASIS OF THE NUMBER OF MONTHS COMPLETED WOULD NOT SEEM OBJECTIONABLE. FOR EXAMPLE, A MEMBER WHO ENLISTED FOR FOUR YEARS AND SERVED 12 MONTHS OF THAT PERIOD COULD BE CONSIDERED ENTITLED TO RETAIN 12/48 OF THE BONUS PAID. IF HE SERVED 20 MONTHS AND 10 DAYS THERE WOULD BE NO OBJECTION TO HIS RETAINING 20/48 OF THE BONUS. IF HE SERVED ONLY 20 DAYS OF HIS ENLISTMENT THE REGULATIONS MIGHT REQUIRE REFUND OF THE ENTIRE BONUS AND SHOULD NOT PERMIT RETENTION OF AN AMOUNT IN EXCESS OF THAT WHICH COULD BE CONSIDERED TO HAVE BEEN EARNED BY THE 20 DAYS OF SERVICE.