B-129642, DECEMBER 4, 1956, 36 COMP. GEN. 454

B-129642, DECEMBER 4, 1956, 36 COMP. GEN. 454

MILITARY PERSONNEL - GRATUITIES - ENLISTMENTS IN DIFFERENT BRANCHES OF THE SERVICE - REENLISTMENT BONUS PAYMENTS A MARINE CORPS MEMBER WHO, IMMEDIATELY FOLLOWING DISCHARGE, REENLISTED IN THE MARINE CORPS ON MARCH 24, 1950, THEN ON JULY 6, 1950, ON DISCHARGE, ENLISTED IN THE AIR FORCE AND SUBSEQUENTLY ON DISCHARGE FROM THE AIR FORCE AGAIN ENLISTED IN THE MARINE CORPS ON SEPTEMBER 28, 1950, MAY NOT HAVE THE JULY 6 AND SEPTEMBER 28 ENLISTMENTS, WHICH DID NOT FOLLOW ACTIVE DUTY IN THE AIR FORCE AND THE MARINE CORPS, RESPECTIVELY, REGARDED AS REENLISTMENTS FOR BONUS PAYMENTS; AND AS THE MEMBER'S ENLISTMENT ON MARCH 24 WAS HIS FIRST REENLISTMENT, THE ENLISTMENT ON SEPTEMBER 28 CONSTITUTES A SECOND REENLISTMENT FOR BONUS PAYMENT.

TO CAPTAIN W. N. ROGERS, UNITED STATES MARINE CORPS, DECEMBER 4, 1956:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 28, 1956, WITH ENCLOSURE, REQUESTING A DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY MASTER SERGEANT HUSTON H. BEYER, 480067, U.S. MARINE CORPS, THE DIFFERENCE BETWEEN THE AMOUNT OF REENLISTMENT BONUS AUTHORIZED BY SECTION 208 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, FOR A SECOND REENLISTMENT AND THAT PROVIDED BY SUCH SECTION FOR A THIRD REENLISTMENT, INCIDENT TO HIS REENLISTMENT IN THE MARINE CORPS FOR SIX YEARS ON SEPTEMBER 28, 1956. YOU STATE THAT YOU HAVE PAID HIM A REENLISTMENT BONUS IN THE AMOUNT OF $546 ON THE BASIS THAT HIS REENLISTMENT ON SEPTEMBER 28, 1956, WAS A THIRD REENLISTMENT UNDER THE TABLE SET OUT IN SECTION 208.

IT APPEARS THAT SERGEANT BEYER REENLISTED IN THE MARINE CORPS ON MARCH 24, 1950, UPON BEING DISCHARGED ON MARCH 23, 1950, FROM AN ENLISTMENT ENTERED INTO ON MARCH 20, 1946. HE WAS DISCHARGED FROM THE MARINE CORPS ON JUNE 30, 1950; ENLISTED AS AN AVIATION CADET IN THE U.S. AIR FORCE ON JULY 6, 1950; AND WAS DISCHARGED FROM THE AIR FORCE ON AUGUST 22, 1950. ON SEPTEMBER 28, 1950, HE REENLISTED IN THE MARINE CORPS FOR A PERIOD OF SIX YEARS, WAS DISCHARGED ON SEPTEMBER 27, 1956, AND REENLISTED IN THAT SERVICE THE FOLLOWING DAY FOR A PERIOD OF SIX YEARS. YOUR DOUBT IN THE MATTER IS DUE TO THE FACT THAT ALTHOUGH SERGEANT BEYER SERVED IN THE AIR FORCE DURING THE PERIOD JULY 6, 1950, TO AUGUST 22, 1950, HIS ENLISTMENT IN THE REGULAR MARINE CORPS ON SEPTEMBER 28, 1950, WAS WITHIN THREE MONTHS AFTER HIS DISCHARGE FROM THAT SERVICE ON JUNE 30, 1950. YOU STATE, HOWEVER, THAT HE WAS NOT PAID A REENLISTMENT BONUS UNDER SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949 INCIDENT TO HIS ENLISTMENT OF SEPTEMBER 28, 1950.

SECTION 207 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 238, PROVIDES FOR THE PAYMENT OF A REENLISTMENT BONUS TO MEMBERS OF THE UNIFORMED SERVICES WHO REENLIST WITHIN THREE MONTHS FROM THE DATE OF THEIR DISCHARGE OR SEPARATION. SECTION 207 (B) PROVIDES THAT " 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 OF ONE YEAR OR MORE IN A RESERVE COMPONENT OF SUCH SERVICE, SHALL BE CONSIDERED A REENLISTMENT.' SECTION 208 (E) OF THAT ACT, AS ADDED BY THE ACT OF JULY 16, 1954, 68 STAT. 488, 37 U.S.C. 238, EXPRESSLY PROVIDES THAT " IN THIS SECTION,"REENLISTMENT" MEANS--- (1) AN ENLISTMENT IN A REGULAR COMPONENT OF A UNIFORMED SERVICE AFTER COMPULSORY OR VOLUNTARY ACTIVE DUTY IN THAT SERVICE * * *.'

THE TERM "REENLISTMENT" AS USED IN STATUTES RELATING TO THE PAYMENT OF ENLISTED ALLOWANCE OR REENLISTMENT BONUS LONG HAS HAD A DEFINITE AND ACCEPTED MEANING, UNLESS OTHERWISE DEFINED BY STATUTE, AS SIGNIFYING A REENTRY UNDER A CONTRACT OF ENLISTMENT INTO THE SAME BRANCH OF THE REGULAR SERVICE FROM WHICH LAST DISCHARGED (SEE 27 COMP. DEC. 170, 172; 38 COMP. GEN. 460, 462-463; 30 COMP. GEN. 109, 113), IRRESPECTIVE OF WHETHER OR NOT THE ENTRY IS ACCOMPLISHED WITHIN THREE MONTHS AFTER DISCHARGE (COMPARE 34 COMP. GEN. 715, 716-717).

AN EXAMINATION OF SERGEANT BEYER'S PAY ACCOUNT FOR THE PERIOD JANUARY 1 TO JUNE 30, 1950, SHOWS THAT HE WAS PAID A REENLISTMENT ALLOWANCE OF $200 UPON HIS REENLISTMENT IN THE MARINE CORPS ON MARCH 24, 1950, IN LIEU OF A REENLISTMENT BONUS, APPARENTLY UNDER THE SAVINGS PROVISION IN SECTION 207 (D) OF THE CAREER COMPENSATION ACT. A REENLISTMENT ENTERED INTO AFTER OCTOBER 1, 1949, WHICH WAS REWARDED BY AN "ENLISTMENT ALLOWANCE" IN LIEU OF A "REENLISTMENT BONUS," IS TO BE COUNTED AS A REENLISTMENT FOR THE PURPOSES OF SECTION 208. SEE 34 COMP. GEN. 715. THEREFORE, SERGEANT BEYER'S ENLISTMENT IN THE MARINE CORPS ON MARCH 24, 1950, IMMEDIATELY FOLLOWING A DISCHARGE FROM THAT SERVICE, FOR WHICH HE WAS PAID A REENLISTMENT ALLOWANCE, CONSTITUTES A FIRST REENLISTMENT FOR THE PURPOSES OF SECTION 208. HIS ENLISTMENT IN THE AIR FORCE ON JULY 6, 1950, AND HIS ENLISTMENT IN THE MARINE CORPS ON SEPTEMBER 28, 1950, DID NOT FOLLOW ACTIVE DUTY IN THE AIR FORCE AND THE MARINE CORPS, RESPECTIVELY, AND THEREFORE, NEITHER ENLISTMENT MAY BE CONSIDERED A "REENLISTMENT" FOR THE PURPOSE OF PAYING A REENLISTMENT BONUS AUTHORIZED BY SECTION 207 (A) OF THAT ACT, NOTWITHSTANDING HIS ENLISTMENT IN THE MARINE CORPS ON SEPTEMBER 28, 1950, WAS WITHIN THREE MONTHS FOLLOWING HIS DISCHARGE FROM THAT SERVICE, SINCE SECTION 207 (B) EXPRESSLY PROVIDES THAT AN ENLISTMENT, TO BE CONSIDERED A REENLISTMENT FOR THE PURPOSE OF PAYING A REENLISTMENT BONUS AUTHORIZED BY SECTION 207 (A) OF THAT ACT, NOTWITHSTANDING HIS ENLISTMENT IN THE MARINE CORPS ON SEPTEMBER 28, 1950, WAS WITHIN THREE MONTHS FOLLOWING HIS DISCHARGE FROM THAT SERVICE, SINCE SECTION 207 (B) EXPRESSLY PROVIDES THAT AN ENLISTMENT, TO BE CONSIDERED A REENLISTMENT FOR THE PURPOSE OF PAYING A REENLISTMENT BONUS AUTHORIZED BY SECTION 207 (A), MUST BE AN ENLISTMENT IN ONE OF THE REGULAR SERVICES FOLLOWING COMPULSORY OR VOLUNTARY ACTIVE DUTY IN SUCH SERVICE OR EXTENDED ACTIVE DUTY OF ONE YEAR OR MORE IN A RESERVE COMPONENT OF SUCH SERVICE. HENCE, SINCE " ANY REENLISTMENT WHEN A BONUS WAS NOT AUTHORIZED IS NOT COUNTED" FOR THE PURPOSES OF SECTION 208, SERGEANT BEYER'S ENLISTMENT IN THE MARINE CORPS ON SEPTEMBER 28, 1956, FOLLOWING ACTIVE DUTY IN THAT SERVICE, MUST BE CONSIDERED A SECOND REENLISTMENT (RATHER THAN A THIRD) FOR THE PURPOSE OF COMPUTING THE REENLISTMENT BONUS UNDER SECTION 208. ACCORDINGLY, YOU ARE AUTHORIZED TO CREDIT SERGEANT BEYER'S PAY ACCOUNT WITH AN ADDITIONAL AMOUNT OF REENLISTMENT BONUS REPRESENTING THE DIFFERENCE BETWEEN THE AMOUNT OF $546 WHICH YOU STATE YOU HAVE ALREADY PAID HIM AND AN AMOUNT COMPUTED ON THE BASIS THAT HIS REENLISTMENT OF SEPTEMBER 28, 1956, WAS A " SECOND" REENLISTMENT WITHIN THE MEANING OF SECTION 208 (A).