B-141775, MARCH 20, 1961, 40 COMP. GEN. 527

B-141775, MARCH 20, 1961, 40 COMP. GEN. 527

MILITARY PERSONNEL - REENLISTMENT BONUS - ENLISTMENT EXTENSIONS UNDER THE RULE THAT WHILE 10 U.S.C. 5539 (B), WHICH WAS ENACTED INTO LAW ON AUGUST 10. 1956, PROVIDES THAT ALL EXTENSIONS OF AN ENLISTMENT ARE CONSIDERED AS ONE CONTINUOUS EXTENSION, IT IS THE SECOND OR SUBSEQUENT EXTENSION WHICH, WHEN ADDED TO PREVIOUS EXTENSIONS OF THE SAME ENLISTMENT AGGREGATES TWO OR MORE YEARS, ESTABLISHES A REENLISTMENT UNDER SECTION 208 (E) (2) OF THE CAREER COMPENSATION ACT OF 1949 AND THAT AN EXTENSION MADE AFTER AUGUST 10, 1956, WHEN COMBINED WITH AN EXTENSION MADE PRIOR TO THAT DATE FOR A CONTINUOUS EXTENSION OF TWO OR MORE YEARS, BUT NOT EXCEEDING 4 YEARS, CONSTITUTES A REENLISTMENT WITHIN SECTION 208, A SECOND 2-YEAR EXTENSION OF AN ENLISTMENT ON AUGUST 13, 1956, SHOULD BE COMBINED WITH THE MEMBER'S PRIOR 2-YEAR EXTENSION AND THE ENTIRE 4 YEARS CONSIDERED AS ONE REENLISTMENT FOR ENTITLEMENT TO A REENLISTMENT BONUS COMPUTED ON THAT BASIS LESS THE AMOUNT PAID FOR THE FIRST 2-YEAR EXTENSION. A MEMBER OF THE UNIFORMED SERVICES WHO MADE TWO CONSECUTIVE 2-YEAR EXTENSIONS OF AN ENLISTMENT--- THE FIRST ON JULY 7, 1954, AND THE SECOND ON JULY 7, 1956--- MAY NOT HAVE SUCH EXTENSIONS COMBINED FOR CONSIDERATION AS ONE 4-YEAR EXTENSION IN COMPUTATION OF REENLISTMENT BONUS BENEFITS UNDER SECTION 208 OF THE CAREER COMPENSATION ACT OF 1949, AS ADDED BY THE ACT OF JULY 16, 1954, 37 U.S.C. 239, BECAUSE THE "AGGREGATE" PROVISIONS OF THE ACT OF AUGUST 22, 1912, 34 U.S.C. 184, WHICH ARE APPLICABLE TO BONUS PAYMENTS UNDER SECTION 207 OF THE 1949 ACT ARE NOT APPLICABLE TO BONUS BENEFITS UNDER SECTION 208; ACCORDINGLY, THE MEMBER IS ENTITLED TO $40 UNDER SECTION 207 FOR THE FIRST 2-YEAR EXTENSION AND TO THE BONUS AS A SECOND REENLISTMENT UNDER SECTION 208 FOR THE SECOND EXTENSION. A MEMBER WHO MADE TWO CONSECUTIVE 2-YEAR EXTENSIONS OF AN ENLISTMENT -- THE FIRST ON MAY 20, 1952, AND THE SECOND ON MAY 20, 1954--- IS ENTITLED UNDER THE "AGGREGATE" PROVISIONS OF THE ACT OF AUGUST 22, 1912, 34 U.S.C. 184 (1952 USED.), TO COUNT THE TWO EXTENSIONS AS A SINGLE EXTENSION FOR AN "AGGREGATE" OF 4 YEARS IN COMPUTATION OF THE BONUS PAYABLE UNDER SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949 AND AS ONE REENLISTMENT IN FUTURE COMPUTATIONS OF BONUSES UNDER SECTION 208 OF THE CAREER COMPENSATION ACT. IN VIEW OF THE REQUIREMENT IN 10 U.S.C. 5539 (B), ENACTED INTO LAW ON AUGUST 10, 1956, THAT ALL EXTENSIONS OF AN ENLISTMENT BE CONSIDERED ONE CONTINUOUS EXTENSION, A MEMBER WHO ON OR AFTER AUGUST 10, 1956, EXTENDS HIS ENLISTMENT FOR A TOTAL OF 4 YEARS--- WHETHER FOR 2 YEARS FOLLOWED BY TWO 1-YEAR EXTENSIONS OR FOR 1 YEAR FOLLOWED BY A 1-YEAR AND A 2-YEAR EXTENSION AND NOTWITHSTANDING THAT ONE OR MORE OF THE EXTENSIONS COUNTED AS ONE 4-YEAR EXTENSION OF ENLISTMENT AND AS ONE REENLISTMENT FOR FUTURE COMPUTATIONS OF REENLISTMENT BONUS UNDER SECTION 208 OF THE CAREER COMPENSATION ACT OF 1949, AND PAYMENT ON THE 4-YEAR BASIS WOULD REQUIRE DEDUCTIONS OF AMOUNTS PAID UPON THE 2-YEAR EXTENSION AND FOR THE 3-YEAR PERIOD. A MEMBER WHO MAKES A 2-YEAR EXTENSION OF ENLISTMENT PRIOR TO JULY 16, 1954--- THE DATE ON WHICH SECTION 208 WAS ADDED TO THE CAREER COMPENSATION ACT OF 1949--- IS ENTITLED FOR THE EXTENSION TO THE BONUS AUTHORIZED IN SECTION 207 OF THE ACT FOR A 2-YEAR REENLISTMENT, AND IF HE MAKES TWO 1- YEAR EXTENSIONS AFTER JULY 15, 1954, BUT PRIOR TO AUGUST 10, 1956--- THE DATE OF ENACTMENT INTO LAW OF 10 U.S.C. 5539 (B/--- THE BONUS PAYABLE UNDER SECTION 207 WOULD BE RECOMPUTED ON THE ,AGGREGATE" OF THE EXTENSIONS, BUT NO AMOUNT WOULD BE AUTHORIZED UNDER SECTION 208, THERE BEING NO AUTHORITY PRIOR TO AUGUST 10, 1956, TO COMBINE EXTENSIONS OF ENLISTMENT FOR BONUS BENEFITS UNDER SECTION 208; HOWEVER, IF THE LAST 1- YEAR EXTENSION OCCURS ON OR AFTER AUGUST 10, 1956, THE MEMBER MAY ELECT, IF OTHERWISE QUALIFIED, TO BE PAID UNDER EITHER SECTION 207 OR SECTION 208 FOR A 4-YEAR EXTENSION LESS PRIOR PAYMENT. A 1-YEAR EXTENSION OF ENLISTMENT PRIOR TO JULY 16, 1954--- THE DATE ON WHICH SECTION 208 WAS ADDED TO THE CAREER COMPENSATION ACT OF 1949-- FOLLOWED BY A SECOND 1-YEAR EXTENSION AFTER JULY 16, 1954, CONSTITUTES A 2 -YEAR ENLISTMENT UNDER SECTION 207 OF THE CAREER COMPENSATION ACT, AND UPON FURTHER EXTENSION OF THE SAME ENLISTMENT FOR 2 YEARS, WHICH WOULD OCCUR PRIOR TO AUGUST 10, 1956, THE MEMBER COULD ELECT TO CONSIDER THE LAST EXTENSION AS AN EXTENSION OF THE PREVIOUS 1-YEAR EXTENSIONS ENTITLING HIM TO A BONUS COMPUTED ON A 4-YEAR BASIS UNDER SECTION 207 AND BE PAID ON THE BASIS OF A SECOND REENLISTMENT FOR 2 YEARS UNDER SECTION 208.

TO THE SECRETARY OF THE NAVY, MARCH 20, 1961:

BY LETTER DATED DECEMBER 6, 1960, THE FORMER ASSISTANT SECRETARY ( PERSONNEL AND RESERVE FORCES) REQUESTED A DECISION ON QUESTIONS WHICH HAVE ARISEN UNDER OUR DECISION ON APRIL 18, 1960, 39 COMP. GEN. 711, AND OUR DECISION OF JULY 18, 1960, 40 COMP. GEN. 14, RELATING TO EXTENSIONS OF ENLISTMENTS AS ENTITLING MEMBERS OF THE NAVAL ESTABLISHMENT TO REENLISTMENT BONUS 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. THE REQUEST FOR DECISION WAS ASSIGNED DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE SUBMISSION NO. SS-N-541.

THE FIRST QUESTION IS:

1. IN THE FOLLOWING SITUATIONS, WOULD TWO CONSECUTIVE 2-YEAR EXTENSIONS OF AN ENLISTMENT CONSTITUTE TWO SEPARATE REENLISTMENTS?

A. MEMBER EXTENDED HIS ORIGINAL ENLISTMENT FOR TWO YEARS ON 13 AUGUST 1954, RECEIVING A REENLISTMENT BONUS UNDER SECTION 208 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, ON THE BASIS OF A FIRST REENLISTMENT. HE ENTERED INTO A SECOND 2-YEAR EXTENSION OF THE SAME ENLISTMENT ON 13 AUGUST 1956. INASMUCH AS THIS SECOND EXTENSION WAS ENTERED INTO AFTER 10 AUGUST 1956, WOULD IT BE CONSIDERED A CONTINUOUS EXTENSION OF THE PREVIOUS EXTENSION OR COUNTED AS A SEPARATE REENLISTMENT IN DETERMINING THE NUMBER OF SUBSEQUENT REENLISTMENTS AND FOR THE PURPOSE OF RECOMPUTATION OF THE BONUS PAYMENT? ALTHOUGH SECTION 208 (E) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, PROVIDES THAT A VOLUNTARY EXTENSION OF ENLISTMENT FOR TWO OR MORE YEARS CONSTITUTES A "REENLISTMENT," THE CODIFICATION IN 10 U.S.C. 5539, AS INTERPRETED IN YOUR DECISIONS REFERENCED ABOVE, PROVIDES THAT ALL EXTENSIONS OF AN ENLISTMENT UNDER SECTION 208 ARE CONSIDERED "ONE CONTINUOUS EXTENSION.'

B. WOULD THE ANSWER TO THE ABOVE QUESTION BE THE SAME IF THE TWO CONSECUTIVE 2-YEAR EXTENSIONS OCCURRED ON 7 JULY 1954 (REENLISTMENT BONUS CREDITED UNDER SECTION 207) AND 7 JULY 1956 (REENLISTMENT BONUS CREDITED UNDER SECTION 208/?

C. WOULD THE ANSWER TO THE ABOVE QUESTION BE THE SAME IF THE TWO CONSECUTIVE 2-YEAR EXTENSIONS OCCURRED ON 20 MAY 1952 AND 20 MAY 1954? SINCE PAYMENT WAS MADE UNDER SECTION 207, WOULD THEY BE COUNTED AS A SINGLE REENLISTMENT OR AS TWO SEPARATE REENLISTMENTS IN FUTURE COMPUTATIONS OF BONUSES UNDER SECTION 208?

IN THE DECISION OF APRIL 18, 1960, IT WAS POINTED OUT THAT BECAUSE OF THE SUBSTANTIVE CHANGE MADE BY THE ACT OF AUGUST 10, 1956, 70A STAT. 320, IN ENACTING 10 U.S.C. 5539 (B) AS A CODIFICATION OF THE ACT OF AUGUST 22, 1912, AS AMENDED, 34 U.S.C. 184 (1952 USED.), TWO ONE-YEAR EXTENSIONS OF AN ENLISTMENT CONSTITUTE A REENLISTMENT WITHIN THE CONTEMPLATION OF SECTION 208 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED BY THE ACT OF JULY 16, 1954, 68 STAT. 488, 37 U.S.C. 239. IT WAS STATED IN THE DECISION OF JULY 18, 1960, THAT WHILE SECTION 5539 (B) PROVIDES THAT ALL SUCH EXTENSIONS OF AN ENLISTMENT ARE CONSIDERED ONE CONTINUOUS EXTENSION, IT IS THE SECOND OR ANY SUBSEQUENT EXTENSION, WHICH WHEN ADDED TO THE PREVIOUS EXTENSIONS OF THE SAME ENLISTMENT AGGREGATES TWO OR MORE YEARS, THAT ESTABLISHES A REENLISTMENT AS SPECIFICALLY DEFINED IN SECTION 208 (E) (2) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 239 (E) (2). ACCORDINGLY, IF THE EFFECTIVE DATE OF AN EXTENSION OCCURRED AFTER AUGUST 10, 1956, AND SUCH EXTENSION WHEN COMBINED WITH AN EXTENSION MADE PRIOR TO THAT DATE, AGGREGATES A CONTINUOUS EXTENSION OF TWO OR MORE YEARS, BUT NOT EXCEEDING FOUR YEARS, IT CONSTITUTES A REENLISTMENT WITHIN THE PURVIEW OF SECTION 208.

APPLYING SUCH RULES TO QUESTION A, THE MEMBER'S SECOND TWO-YEAR EXTENSION OF ENLISTMENT ON AUGUST 13, 1956, WOULD BE COMBINED WITH HIS PRIOR TWO- YEAR EXTENSION AND THE ENTIRE FOUR YEARS CONSIDERED AS ONE REENLISTMENT AND HE WOULD BE ENTITLED TO A REENLISTMENT BONUS COMPUTED ON THAT BASIS LESS THE AMOUNT PAID FOR THE FIRST TWO-YEAR EXTENSION WHICH OCCURRED ON AUGUST 13, 1954. WITH REGARD TO QUESTION B, IN 32 COMP. GEN. 290, 293, AS DISTINGUISHED BY 34 COMP. GEN. 615, IT WAS HELD THAT THE "AGGREGATE" PROVISIONS OF THE 1912 ACT, 34 U.S.C. 184 (1952 USED.), WERE APPLICABLE TO BONUS PAYMENTS UNDER SECTION 207 INCIDENT TO EXTENSIONS OF ENLISTMENTS BY NAVY AND MARINE CORPS PERSONNEL, BUT THAT SUCH "AGGREGATE" PROVISIONS DO NOT GOVERN BONUS BENEFITS UNDER SECTION 208. ALSO SEE 35 COMP. GEN. 403. THEREFORE, THE EXTENSION OF JULY 7, 1954, MAY NOT BE COMBINED WITH THE EXTENSION OF JULY 7, 1956, AND CONSIDERED AS ONE EXTENSION FOR FOUR YEARS IN COMPUTING BENEFITS UNDER CONSIDERED AS ONE EXTENSION FOR FOUR YEARS IN COMPUTING BENEFITS UNDER SECTION 208. ACCORDINGLY, THE MEMBER WOULD BE ENTITLED TO $40 UNDER SECTION 207 FOR THE FIRST TWO-YEAR EXTENSION AND TO THE BONUS AS FOR A SECOND REENLISTMENT UNDER SECTION 208 FOR THE SECOND EXTENSION. AS TO QUESTION C, SINCE THE TWO-YEAR EXTENSIONS OCCURRED ON MAY 20, 1952, AND MAY 20, 1954, THEY WOULD BE COUNTED AS A SINGLE EXTENSION FOR AN "AGGREGATE" OF FOUR YEARS IN COMPUTING THE BONUS PAYABLE UNDER SECTION 207 AND AS ONE REENLISTMENT IN FUTURE COMPUTATIONS OF BONUSES UNDER SECTION 208.

THE SECOND QUESTION IS:

2. IN THE FOLLOWING SITUATIONS, WOULD THE COMBINED EXTENSIONS BE COUNTED AS ONE CONTINUOUS EXTENSION OR WOULD THE 2-YEAR EXTENSIONS IN EACH CASE CONSTITUTE A SEPARATE REENLISTMENT?

A. MEMBER EXTENDS HIS ENLISTMENT FOR TWO YEARS ON 16 DECEMBER 1956, BEING PAID A REENLISTMENT BONUS UNDER SECTION 208. HE RE-EXTENDS ON 16 DECEMBER 1958 FOR ONE YEAR AND AGAIN ON 16 DECEMBER 1959 FOR ONE MORE YEAR. SHOULD THESE TWO ADDITIONAL EXTENSIONS OF ONE YEAR EACH BE CONSIDERED AS CONTINUATIONS OF THE 2-YEAR EXTENSION, REQUIRING RECOMPUTATION OF THE REENLISTMENT BONUS PREVIOUSLY PAID ON THE BASIS OF A 3-YEAR AND 4-YEAR PERIOD RESPECTIVELY? OR WOULD THEY IN THEMSELVES JOINTLY CONSTITUTE A "REENLISTMENT," SEPARATE AND DISTINCT FROM THE 2 YEAR EXTENSION, FOR BONUS PURPOSES AND BE COUNTABLE AS SUCH IN FUTURE COMPUTATIONS?

B. MEMBER EXTENDS HIS ENLISTMENT FOR ONE YEAR ON 15 APRIL 1957, RE EXTENDS FOR AN ADDITIONAL YEAR ON 15 APRIL 1958, RECEIVING A REENLISTMENT BONUS ON THE BASIS OF A 2-YEAR REENLISTMENT. HE RE EXTENDS FOR TWO YEARS ON 15 APRIL 1959. WOULD THIS LAST EXTENSION (FOR TWO YEARS) CONSTITUTE AN EXTENSION OF THE PREVIOUS COMBINED 1 YEAR EXTENSIONS, THUS ENTITLING MEMBER TO RECOMPUTED BONUS BASED ON A FOUR YEAR "REENLISTMENT? " OR WOULD IT BE TREATED AS A SEPARATE 2 YEAR REENLISTMENT?

C. WOULD THE ANSWERS TO QUESTION 2.A. AND 2.B. ABOVE BE THE SAME IF THE FIRST EXTENSION IN EACH CASE WAS ENTERED INTO PRIOR TO 10 AUGUST 1956?

D. WOULD THE ANSWERS TO QUESTIONS 2.A. AND 2.B. ABOVE BE THE SAME IF THE FIRST EXTENSION IN EACH CASE WAS ENTERED INTO PRIOR TO 16 JULY 1954?

UNDER THE CIRCUMSTANCES SET FORTH IN QUESTION 2A, THE VARIOUS EXTENSIONS WOULD BE COUNTED AS ONE FOUR-YEAR EXTENSION OF ENLISTMENT AND AS ONE REENLISTMENT FOR FUTURE COMPUTATIONS. PAYMENT ON THE FOUR YEAR BASIS WOULD REQUIRE DEDUCTIONS OF AMOUNTS PAID UPON THE TWO-YEAR EXTENSION AND FOR THE THREE-YEAR PERIOD. WITH REFERENCE TO QUESTION 2B, SINCE 10 U.S.C. 5539 (B) REQUIRES THAT SUCH EXTENSIONS OF AN ENLISTMENT BE "CONSIDERED ONE CONTINUOUS EXTENSION," THE LAST TWO-YEAR EXTENSION WOULD CONSTITUTE AN EXTENSION OF THE PREVIOUS ONE-YEAR EXTENSION ENTITLING THE MEMBER TO A BONUS RECOMPUTED ON A FOUR-YEAR REENLISTMENT LESS THE PRIOR PAYMENT. REGARDING 2C, THE ANSWER TO 2A OR 2B WOULD BE THE SAME IF ANY EXTENSIONS OCCURRED ON OR AFTER AUGUST 10, 1956. SEE THE ANSWER TO THE FIRST QUESTION CONSIDERED IN 40 COMP. GEN. 14.

REGARDING 2D, SO FAR AS THE QUESTION RELATES TO EXTENSIONS FOR THE PERIODS SET FORTH IN 2A, BUT ASSUMING THE FIRST EXTENSION OCCURRED PRIOR TO JULY 16, 1954, THE MEMBER WOULD HAVE BEEN ENTITLED FOR THAT EXTENSION TO THE BONUS AUTHORIZED IN SECTION 207 FOR A TWO-YEAR REENLISTMENT. THE SUBSEQUENT TWO ONE-YEAR EXTENSIONS OCCURRED AFTER JULY 15, 1954, BUT PRIOR TO AUGUST 10, 1956, THE BONUS PAYABLE UNDER SECTION 207 WOULD BE RECOMPUTED ON THE "AGGREGATE" OF THE EXTENSIONS, BUT NO AMOUNT WOULD BE AUTHORIZED UNDER SECTION 208. IF, HOWEVER, THE LAST EXTENSION OCCURRED ON OR AFTER AUGUST 10, 1956, THE MEMBER COULD ELECT, IF OTHERWISE QUALIFIED, TO BE PAID UNDER EITHER SECTION 207 OR SECTION 208 FOR A FOUR-YEAR EXTENSION LESS PRIOR PAYMENTS. SO FAR AS THE QUESTION RELATES TO EXTENSIONS FOR THE PERIODS SET FORTH IN 2B, IF THE FIRST ONE-YEAR EXTENSION WAS PRIOR TO JULY 16, 1954, AND THE SECOND ONE-YEAR EXTENSION WAS AFTER THAT DATE, IT WOULD HAVE CONSTITUTED A TWO YEAR ENLISTMENT UNDER SECTION 207. SINCE THE LAST TWO-YEAR EXTENSION WOULD OCCUR PRIOR TO AUGUST 10, 1956, THE MEMBER COULD ELECT TO CONSIDER IT AN EXTENSION OF THE PREVIOUS ONE-YEAR EXTENSIONS ENTITLING HIM TO A BONUS COMPUTED ON A FOUR- YEAR BASIS UNDER SECTION 207 LESS THE PRIOR PAYMENT, OR HE COULD ELECT TO RETAIN THE PRIOR PAYMENT UNDER SECTION 207 AND BE PAID ON THE BASIS OF A SECOND REENLISTMENT FOR TWO YEARS UNDER SECTION 208.