B-127003, MAY 22, 1956, 35 COMP. GEN. 663

B-127003, MAY 22, 1956, 35 COMP. GEN. 663

REENLISTMENT BONUS - CAREER COMPENSATION ACT OF 1949 - ENLISTED MEMBERS OF ARMY AND AIR FORCE - DATE OF ELIGIBILITY THE REENLISTMENT BONUS AUTHORIZED BY SECTION 208 OF THE CAREER COMPENSATION ACT OF 1949 FOR A VOLUNTARY EXTENSION OF AN ENLISTMENT FOR TWO OR MORE YEARS BY A MEMBER OF THE ARMY OR AIR FORCE MAY BE PAID ONLY AFTER THE EXPIRATION OF THE CURRENT TERM FOR WHICH THE MEMBER IS OTHERWISE OBLIGATED TO SERVE AND AFTER THE REENLISTMENT HAS BECOME EFFECTIVE AND SERVICE HAS ACTUALLY BEGUN RATHER THAN AT THE TIME THE MEMBER SIGNS THE EXTENSION AGREEMENT.

TO THE SECRETARY OF DEFENSE, MAY 22, 1956:

REFERENCE IS MADE TO LETTER DATED FEBRUARY 13, 1956, WITH ENCLOSURE, FROM THE ASSISTANT SECRETARY OF DEFENSE ( COMPTROLLER), REQUESTING A DECISION ON QUESTIONS SET FORTH IN COMMITTEE ACTION NO. 137, MILITARY PAY AND ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE, AS FOLLOWS:

1. MAY AN ENLISTED MEMBER OF THE ARMY OR AIR FORCE BE PAID A REENLISTMENT BONUS UNDER SECTION 208 OF THE CAREER COMPENSATION ACT OF 1949, AS ADDED BY SECTION 2 OF THE ACT OF 16 JULY 1954, 68 STAT. 488, AT THE TIME HE EXTENDS HIS ENLISTMENT FOR TWO OR MORE YEARS, PRIOR TO COMPLETION OF HIS CURRENT ENLISTMENT?

2. IF THE ANSWER TO QUESTION 1 IS IN THE AFFIRMATIVE, HOW SHOULD THE REENLISTMENT BONUS BE COMPUTED?

SECTION 208 (A) OF THE CAREER COMPENSATION ACT OF 1949 AS ADDED BY SECTION 2 OF THE ACT OF JULY 16, 1954, 68 STAT. 488, 37 U.S.C. 239, PROVIDES THAT THE REENLISTMENT BONUS AUTHORIZED BY THAT SECTION IS TO BE COMPUTED ACCORDING TO THE TABLE CONTAINED IN THE SECTION. SUCH TABLE SHOWS THAT THE AMOUNT OF THE BONUS FOR A FIRST REENLISTMENT (FOR EXAMPLE) IS DETERMINED BY MULTIPLYING THE " MONTHLY BASIC PAY TO WHICH THE MEMBER WAS ENTITLED AT THE TIME OF DISCHARGE" BY THE " NUMBER OF YEARS SPECIFIED IN THE REENLISTMENT CONTRACT, OR SIX, IF NONE SPECIFIED.' SECTION 208 (E) OF THE ACT DEFINES THE WORD "REENLISTMENT," AS USED IN THAT SECTION, TO INCLUDE "A VOLUNTARY EXTENSION OF AN ENLISTMENT FOR TWO OR MORE YEARS.'

IN THE DISCUSSION APPEARING IN COMMITTEE ACTION NO. 137 MENTIONED ABOVE, IT IS STATED AS OLLOWS:

THE QUESTIONS PRESENTED HEREIN RELATE ONLY TO THE ARMY AND AIR FORCE BECAUSE BASIC LAWS AND ADMINISTRATIVE PROCEDURES AND POLICIES FOR EXTENDING ENLISTMENTS IN THE NAVY OR MARINE CORPS ARE NOT THE SAME. FURTHER, THE DIFFERENCES IN THE BASIC LAWS APPLICABLE TO THE SERVICES NECESSITATE DIFFERENT INTERPRETATIONS BY THE COMPTROLLER GENERAL OF MEMBERS' RIGHTS. UNDER THE PROVISIONS OF THE ACT OF 22 AUGUST 1912, 37 STAT. 331, ENLISTMENTS IN THE NAVY OR MARINE CORPS MAY BE EXTENDED FOR A PERIOD OF ONE, TWO, THREE OR FOUR YEARS AND ENLISTED MEN WHO SO EXTEND ARE ENTITLED TO RECEIVE THE SAME PAY AND ALLOWANCES IN ALL RESPECTS AS THOUGH REGULARLY DISCHARGED AND REENLISTED IMMEDIATELY UPON EXPIRATION OF THEIR TERM OF ENLISTMENT (SEE COMP. GEN. DECISION B-122116 DATED 4 JANUARY 1955); WHEREAS ENLISTED PERSONNEL OF THE ARMY AND AIR FORCE WHO EXTEND THEIR ENLISTMENTS ARE NOT CONSIDERED "AS THOUGH REGULARLY DISCHARGED" AND SO ON.

FOR THE PURPOSES OF SECTION 208, A VOLUNTARY EXTENSION OF AN ENLISTMENT FOR TWO OR MORE YEARS IS TO BE CONSIDERED A "REENLISTMENT" AND REGARDLESS OF THE DATE ON WHICH THE EXTENSION AGREEMENT MAY BE SIGNED BY THE MEMBER, IT SEEMS PLAIN THAT SERVICE UNDER SUCH AGREEMENT WOULD NOT BEGIN AND THAT, THEREFORE, THE "REENLISTMENT" WOULD NOT BECOME EFFECTIVE, UNTIL AFTER THE NORMAL DATE OF EXPIRATION OF THE ENLISTMENT CURRENT WHEN THE AGREEMENT WAS SIGNED. IT IS OUR VIEW, THEREFORE, THAT THE REENLISTMENT BONUS AUTHORIZED BY SECTION 208 FOR A VOLUNTARY EXTENSION OF AN ENLISTMENT FOR TWO OR MORE YEARS IS AUTHORIZED TO BE PAID ONLY AFTER THE EXPIRATION OF THE TERM FOR WHICH THE MEMBER IS OTHERWISE OBLIGATED TO SERVE AND AFTER THE "REENLISTMENT" (ACCOMPLISHED BY MEANS OF THE EXTENSION OF ENLISTMENT) HAS BECOME FULLY EFFECTIVE AND SERVICE THEREUNDER ACTUALLY HAS BEGUN. COMPARE 35 COMP. GEN. 403, 404. ACCORDINGLY, THE FIRST QUESTION IS ANSWERED IN THE NEGATIVE, MAKING IT UNNECESSARY TO ANSWER THE SECOND QUESTION.