B-115081, AUG 21, 1953

B-115081, AUG 21, 1953

PRECIS-UNAVAILABLE

MR. WALTER P. UNDERWOOD:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 20, 1953, REQUESTING REVIEW OF A SETTLEMENT OF THIS OFFICE DATED APRIL 15, 1953, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL ALLOWANCE FROM SAN DIEGO, CALIFORNIA, TO LEXINGTON, KENTUCKY, ON ACCOUNT OF AN AGREEMENT ENTERED INTO ON AUGUST 18, 1951, TO EXTEND YOUR ENLISTMENT IN THE UNITED STATES NAVAL RESERVE. ALSO YOU NOW CLAIM REENLISTMENT BONUS INCIDENT TO SUCH EXTENSION OF ENLISTMENT.

UNDER DATE OF FEBRUARY 17, 1953, THE CHIEF OF NAVAL PERSONNEL FURNISHED A REPORT RESPECTING YOUR SERVICE AS FOLLOWS:

"1. IN CONNECTION WITH THE SETTLEMENT OF SUBJECT CLAIM, THE FOLLOWING INFORMATION IS FURNISHED FROM THE RECORDS OF THIS BUREAU:

"(A) ENLISTED IN THE U. S. NAVAL RESERVE ON 26 MAY 1947 FOR FOUR (4) YEARS AND PLACED ON INACTIVE DUTY.

"(B) 26 MAY 1951 ENLISTMENT INVOLUNTARILY EXTENDED FOR ONE (1) YEAR.

"(C) EXTENDED ENLISTMENT FOR TWO YEARS ON 18 AUGUST 1951 BECOMING OPERATIVE ON 19 AUGUST 1951 AT NAVY RECRUITING STATION, LOUISVILLE, KENTUCKY.

"(D) RECALLED TO ACTIVE DUTY ON 5 SEPTEMBER 1951.

"2. SINCE UNDERWOOD WAS ON INACTIVE DUTY ON 19 AUGUST 1951, THE DATE THE EXTENSION OF ENLISTMENT BECAME EFFECTIVE, THERE IS NO BASIS WHEREBY TRAVEL MILEAGE CAN BE PAID."

YOU STATE THAT YOUR SERVICE RECORD SHOWS THAT YOU WERE PHYSICALLY EXAMINED ON AUGUST 27, 1952, ON BOARD THE FLEET AIRBORNE ELECTRONICS TRAINING UNIT, PACIFIC, ON WHICH DATE YOUR AGREEMENT TO EXTEND ENLISTMENT WAS ENDORSED BY THE ASSISTANT PERSONNEL OFFICER AND FORWARD TO THE BUREAU OF NAVAL PERSONNEL, AND IT APPEARS TO BE YOUR CONTENTION THAT THE AGREEMENT DID NOT BECOME EFFECTIVE UNTIL THAT DATE AT WHICH TIME YOU WERE SERVING ON ACTIVE DUTY AND THAT YOU ARE ENTITLED TO TRAVEL ALLOWANCE AND REENLISTMENT BONUS ON ACCOUNT OF SUCH AGREEMENT.

ARTICLE C-1406 OF THE BUREAU OF NAVAL PERSONNEL MANUAL PROVIDES THAT IN ORDER TO BE LEGAL AND BINDING, AN AGREEMENT TO EXTEND AN ENLISTMENT MUST BE ENTERED INTO BY THE INDIVIDUAL CONCERNED WITH HIS COMMANDING OFFICER ON THE AUTHORIZED EXTENSION AGREEMENT FORM NAVPERS 604-NAVSANDA 513; THAT A PHYSICAL EXAMINATION IS REQUIRED FOR EXTENSION OF ENLISTMENT THE SAME AS REENLISTMENT AND "SHOULD BE CONDUCTED JUST PRIOR TO AND AS NEAR THE EFFECTIVE DATE OF THE EXTENSION AS PRACTICABLE; THAT WHEN THE EXTENSION OF ENLISTMENT BECOMES EFFECTIVE THE ABOVE-MENTIONED FORM SHOULD BE COMPLETED AND DISPOSED OF AS INDICATED THEREON; THAT "FAILURE TO COMPLETE THE FORM AT THE PROPER TIME, HOWEVER, DOES NOT AFFECT THE LEGALITY OF THE EXTENSION OR CHANGE ITS EFFECTIVE DATE," AND THAT IF FOR SOME REASON THE FORM IS NOT COMPLETED AT THE TIME THE EXTENSION BECOMES EFFECTIVE IT SHALL BE COMPLETED AT THE EARLIEST PRACTICABLE DATE THEREAFTER.

IF, AS YOU STATE, YOU WERE NOT PHYSICALLY EXAMINED UNTIL AUGUST 27, 1952, AND THE EXTENSION OF ENLISTMENT FORM WAS THEN COMPLETED AND FORWARDED TO THE BUREAU OF NAVAL PERSONNEL, IT WOULD NOT APPEAR THAT UNDER THE FOREGOING REGULATIONS SUCH DELAY PREVENTED THE EXTENSION OF ENLISTMENT FROM BECOMING EFFECTIVE ON THE AGREED DATE. INSOFAR AS THE RECORDS BEFORE THIS OFFICE SHOW, YOU ENTERED INTO THE AGREEMENT ON AUGUST 18, 1951, WHILE ON INACTIVE DUTY, TO EXTEND YOUR ENLISTMENT IN THE U. S. NAVAL RESERVE FOR A PERIOD OF TWO YEARS EFFECTIVE FROM AUGUST 19, 1951, AND THE FACTS WHICH YOU ALLEGE WOULD IN NO WAY DELAY SUCH AGREEMENT FROM BECOMING EFFECTIVE ON THE SPECIFIED DATE.

PARAGRAPH 4156, CASE 10, OF THE JOINT TRAVEL REGULATIONS FOR THE UNIFORMED SERVICES PROVIDES THAT ON ENLISTED MEMBER WHO HAS EXTENDED HIS CURRENT CONTRACT OF ENLISTMENT FOR A PERIOD OF TWO OR MORE YEARS FROM DATE OF EXPIRATION WILL BE ENTITLED TO MILEAGE, IF OTHERWISE PAYABLE, UPON COMPLETION OF THE ORIGINAL TERM OF SERVICE FROM THE PLACE WHERE THE FIRST EXTENSION TAKES EFFECT TO THE PLACE OF ENTRY INTO THE SERVICE OR TO THE HOME OF RECORD, AS HE MAY ELECT. SUCH PROVISIONS RELATE TO A MEMBER WHO IS SERVING ON ACTIVE DUTY AT THE TIME THE EXTENSION OF ENLISTMENT BECOMES EFFECTIVE. SINCE YOU WERE IN AN INACTIVE DUTY STATUS ON THE EFFECTIVE DATE OF THE EXTENSION OF YOUR ENLISTMENT THE PAYMENT OF MILEAGE INCIDENT THERETO IS NOT AUTHORIZED.

WITH RESPECT TO YOUR CLAIM FOR ENLISTMENT BONUS ON ACCOUNT OF THE EXTENSION OF YOUR ENLISTMENT, YOU ARE ADVISED THAT SECTION 207(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 811, PROVIDES FOR PAYMENT OF A REENLISTMENT BONUS IN THE AMOUNT THEREIN SPECIFIED, DEPENDING ON THE LENGTH OF THE ENLISTMENT ENTERED INTO, AND SUBSECTION (B) PROVIDES:

"(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 OR ONE YEAR OR MORE IN A RESERVE COMPONENT OF SUCH SERVICE, SHALL BE CONSIDERED A REENLISTMENT."

IT WILL BE NOTED THAT THE BONUS IS AUTHORIZED ONLY UPON AN ENLISTMENT OR EXTENSION OF ENLISTMENT IN ONE OF THE REGULAR SERVICES, THERE BEING NO AUTHORITY FOR PAYMENT OF THE BONUS INCIDENT TO AN ENLISTMENT OR EXTENSION OF ENLISTMENT IN A RESERVE COMPONENT. HENCE, THE PAYMENT OF SUCH BONUS ON ACCOUNT OF THE EXTENSION OF YOUR ENLISTMENT IN THE NAVAL RESERVE IS NOT AUTHORIZED. ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.