B-122116, JANUARY 17, 1956, 35 COMP. GEN. 403

B-122116: Jan 17, 1956

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1954 THE REENLISTMENT BONUS PROVIDED BY SECTION 208 OF THE CAREER COMPENSATION ACT OF 1949 IS PAYABLE FOR THE NUMBER OF YEARS A MEMBER OF THE UNIFORMED SERVICES REENLISTS AT ANY ONE TIME. 1956: REFERENCE IS MADE TO LETTER OF SEPTEMBER 23. IT WAS HELD IN THE DECISION OF JANUARY 4 THAT BY REASON OF THE PROVISIONS OF THE ACT OF AUGUST 22. SINCE THAT DECISION WAS RENDERED. IT HAS BEEN CONCLUDED THAT THE PROVISIONS OF THE 1912 ACT WHICH WERE HELD TO AUTHORIZE THE PAYMENT OF ENLISTMENT ALLOWANCES TO ENLISTED MEN OF THE NAVY ON THE BASIS OF THE "AGGREGATE" OF EXTENSIONS DO NOT GOVERN THE EFFECT OF EXTENSIONS OF ENLISTMENT BY NAVY AND MARINE CORPS PERSONNEL INSOFAR AS THE REENLISTMENT BONUS BENEFITS OF SECTION 208 ARE CONCERNED. 34 COMP.

B-122116, JANUARY 17, 1956, 35 COMP. GEN. 403

REENLISTMENT BONUS - CAREER COMPENSATION ACT OF 1949, AS AMENDED BY ACT OF JULY 16, 1954 THE REENLISTMENT BONUS PROVIDED BY SECTION 208 OF THE CAREER COMPENSATION ACT OF 1949 IS PAYABLE FOR THE NUMBER OF YEARS A MEMBER OF THE UNIFORMED SERVICES REENLISTS AT ANY ONE TIME, AND NOT FOR THE AGGREGATE NUMBER OF YEARS OF TWO OR MORE REENLISTMENTS. 34 COMP. GEN. 323, MODIFIED.

TO THE SECRETARY OF THE NAVY, JANUARY 17, 1956:

REFERENCE IS MADE TO LETTER OF SEPTEMBER 23, 1955, FROM THE ASSISTANT SECRETARY OF THE NAVY ( PERSONNEL AND RESERVE FORCES) REQUESTING RECONSIDERATION OF DECISION DATED JANUARY 4, 1955, 34 COMP. GEN. 323, ON THE BASIS OF ARGUMENTS ADVANCED BY THE COMMANDANT OF THE MARINE CORPS IN HIS LETTER TO YOU DATED JULY 15, 1955.

IT WAS HELD IN THE DECISION OF JANUARY 4 THAT BY REASON OF THE PROVISIONS OF THE ACT OF AUGUST 22, 1912, AS AMENDED, 34 U.S.C. 184, THE 1-YEAR EXTENSION OF ENLISTMENT OF THE ENLISTED MAN THERE INVOLVED, EFFECTIVE ON AUGUST 9, 1953, SHOULD BE COMBINED WITH HIS 2-YEAR EXTENSION EFFECTIVE AUGUST 9, 1954, SO AS TO ENTITLE HIM TO A REENLISTMENT BONUS AS FOR A FIRST REENLISTMENT FOR 3 YEARS UNDER SECTION 208 OF THE CAREER COMPENSATION ACT OF 1949, AS ADDED BY THE ACT OF JULY 16, 1954, 68 STAT. 488, 37 U.S.C. 239. HOWEVER, SINCE THAT DECISION WAS RENDERED, IT HAS BEEN CONCLUDED THAT THE PROVISIONS OF THE 1912 ACT WHICH WERE HELD TO AUTHORIZE THE PAYMENT OF ENLISTMENT ALLOWANCES TO ENLISTED MEN OF THE NAVY ON THE BASIS OF THE "AGGREGATE" OF EXTENSIONS DO NOT GOVERN THE EFFECT OF EXTENSIONS OF ENLISTMENT BY NAVY AND MARINE CORPS PERSONNEL INSOFAR AS THE REENLISTMENT BONUS BENEFITS OF SECTION 208 ARE CONCERNED. 34 COMP. GEN. 615.

SECTION 208 (E) (2) OF THE 1949 ACT AS AMENDED BY THE 1954 ACT PROVIDES THAT A REENLISTMENT ENTITLING AN ENLISTED MAN TO A REENLISTMENT BONUS UNDER SECTION 208 SHALL INCLUDE "A VOLUNTARY EXTENSION OF AN ENLISTMENT FOR TWO OR MORE YEARS.' SINCE THE 2-YEAR EXTENSION OF ENLISTMENT EFFECTIVE AUGUST 9, 1954, IN THE CASE OF THE ENLISTED MAN INVOLVED IN THE DECISION OF JANUARY 4, 1955, BECAME EFFECTIVE AFTER THE DATE ON WHICH THE 1954 ACT WAS ENACTED, HE SHOULD HAVE BEEN PAID A REENLISTMENT BONUS, UNDER SECTION 208 AS ADDED BY THAT ACT, AS FOR A FIRST REENLISTMENT FOR 2 YEARS, COMPUTED ON THE RATE OF BASIC PAY TO WHICH HE WAS ENTITLED ON AUGUST 8, 1954.

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