B-133995, DEC. 2, 1957

B-133995, DEC. 2, 1957

TO MR. CLAUDE M. OBERER:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 26, 1957, CONCERNING THE ACTION TAKEN BY OUR CLAIMS DIVISION IN SETTLEMENT DATED AUGUST 1, 1957, WHICH DISALLOWED YOUR CLAIM FOR REENLISTMENT BONUS INCIDENT TO YOUR ENLISTMENT IN THE REGULAR AIR FORCE ON FEBRUARY 23, 1951.

YOU POINT OUT THAT YOUR ENTRY ON ACTIVE DUTY WAS VOLUNTARY (AS DISTINGUISHED FROM INVOLUNTARY) AND, THEREFORE, YOU APPARENTLY FEEL THAT YOU ARE ENTITLED TO THE REENLISTMENT BONUS AS CLAIMED.

THE OFFICIAL RECORDS FURNISHED US BY THE DEPARTMENT OF THE AIR FORCE SHOW THAT BY SPECIAL ORDERS NO. 158, HEADQUARTERS FOURTH AIR FORCE, HAMILTON AIR FORCE BASE, HAMILTON, CALIFORNIA, DATED AUGUST 1, 1950, YOU WERE RECALLED TO EXTENDED ACTIVE DUTY AS A CORPORAL IN THE UNITED STATES AIR FORCE RESERVE FOR A PERIOD OF ONE YEAR, UNLESS SOONER RELIEVED, EFFECTIVE AUGUST 13, 1950. THOSE ORDERS, HOWEVER, WERE AMENDED BY SPECIAL ORDERS NO. 243, DATED OCTOBER 27, 1950, TO SHOW THAT YOUR ENTRY ON ACTIVE DUTY WAS VOLUNTARY INSTEAD OF INVOLUNTARY. THE RECORDS FURTHER SHOW THAT YOU SERVED AS A MEMBER OF THE UNITED STATES AIR FORCE RESERVE UNTIL FEBRUARY 22, 1951, WHEN YOU WERE DISCHARGED FOR THE PURPOSE OF ENLISTING IN THE REGULAR AIR FORCE. IT APPEARS FROM THE RECORDS THAT YOU ENLISTED IN THE REGULAR AIR FORCE ON FEBRUARY 23, 1951, FOR A PERIOD OF FOUR YEARS.

A REENLISTMENT BONUS IS AUTHORIZED TO BE PAID TO CERTAIN MEMBERS OF THE UNIFORMED SERVICES AS SET FORTH IN SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 811, 37 U.S.C. 238. SECTION 207 PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"/A) MEMBERS OF THE UNIFORMED SERVICES WHO ENLIST UNDER THE CONDITIONS SET FORTH IN SUBSECTION (B) OF THIS SECTION WITHIN THREE MONTHS FROM THE DATE OF THEIR DISCHARGE OR SEPARATION, OR WITHIN SUCH LESSER PERIOD OF TIME AS THE SECRETARY CONCERNED MAY DETERMINE FROM TIME TO TIME, SHALL BE PAID A LUMP-SUM REENLISTMENT BONUS OF $40, $90, $160, $250, OR $360 UPON ENLISTMENT FOR A PERIOD OF TWO, THREE, FOUR, FIVE, OR SIX YEARS, RESPECTIVELY; * * *

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

UNDER THE PROVISIONS OF SECTION 207 (B) (2) OF THE ABOVE-QUOTED ACT, A RESERVIST TO BE ENTITLED TO THE REENLISTMENT BONUS AUTHORIZED BY SECTION 207 (A) MUST ENLIST IN THE REGULAR SERVICE WITHIN THREE MONTHS FOLLOWING "EXTENDED ACTIVE DUTY OF ONE YEAR OR MORE IN A RESERVE COMPONENT OF SUCH SERVICE.' NOTWITHSTANDING THE FACT THAT YOUR ORDERS WERE AMENDED TO SHOW THAT YOUR ENTRY ON ACTIVE DUTY WAS VOLUNTARY, YOUR EXTENDED ACTIVE DUTY AS A RESERVIST PRECEDING YOUR ENLISTMENT IN THE REGULAR AIR FORCE AMOUNTED TO SIX MONTHS AND TEN DAYS (AUGUST 13, 1950, TO FEBRUARY 22, 1951), OR LESS THAN ONE YEAR. A MEMBER OF A RESERVE COMPONENT, AS IN YOUR CASE, MAY NOT BE PAID A REENLISTMENT BONUS UNLESS HIS ENLISTMENT IN THE REGULAR SERVICE IS PROCEEDED BY A PERIOD OF EXTENDED ACTIVE DUTY OF ONE YEAR OR MORE IN A RESERVE COMPONENT. SEE THE ANSWER TO THE FIRST QUESTION IN OUR DECISION OF DECEMBER 14, 1951, B-105963, 31 COMP. GEN. 201, COPY ENCLOSED. HENCE, YOUR ENLISTMENT IN THE REGULAR AIR FORCE ON FEBRUARY 23, 1951, MAY NOT BE CONSIDERED A REENLISTMENT WITHIN THE MEANING OF SECTION 207 (B) (2) OF THE CAREER COMPENSATION ACT OF 1949, OR A REENLISTMENT UNDER SECTION 207 (B) (1) OF THAT ACT. ACCORDINGLY, THE ACTION TAKEN IN THE SETTLEMENT OF AUGUST 1, 1957, WAS CORRECT AND IS SUSTAINED.

CONCERNING YOUR REQUEST FOR A COPY OF THE CAREER COMPENSATION ACT OF 1949, WHICH IS QUOTED IN PART IN THE SETTLEMENT OF AUGUST 1, 1957, YOU ARE ADVISED THAT OUR OFFICE DOES NOT HAVE COPIES OF THAT ACT FOR GENERAL DISTRIBUTION. IT IS BELIEVED THAT THE QUOTED PROVISIONS OF THE ACT IN THIS LETTER AND THAT CONTAINED IN COPY OF DECISION OF DECEMBER 14, 1951, ENCLOSED, SHOULD SUFFICIENTLY SERVE YOUR PURPOSE. IF YOU WISH, HOWEVER, YOU MAY OBTAIN A COPY OF THE CAREER COMPENSATION ACT OF 1949, PUBLIC LAW 351, APPROVED OCTOBER 12, 1949, BY SENDING 15 CENTS TO THE GOVERNMENT PRINTING OFFICE, WASHINGTON 25, D.C. ..END :