B-142234, APR. 12, 1960

B-142234, APR. 12, 1960

TO E. H. MILLER, DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

YOUR LETTER OF FEBRUARY 25, 1960, FORWARDED BY ENDORSEMENT OF THE OFFICE OF THE COMPTROLLER OF THE NAVY UNDER SUBMISSION NO. D/-N-485, ASSIGNED BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE, REQUESTS ADVANCE DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON THE BASIS OF MILITARY PAY ORDER 87-60, DIRECTING PAYMENT OF REENLISTMENT BONUS AND MILEAGE TO BOBBY JOE NEWSON, MARINE CORPS AVIATION CADET, SERVICE NO. 1653364, INCIDENT TO HIS EXTENSION OF ENLISTMENT FOR TWO YEARS EFFECTIVE JANUARY 4, 1960. YOU ALSO REQUEST ADVICE AS TO THE RATE OF PAY TO BE USED IN COMPUTING THE REENLISTMENT BONUS IF AUTHORIZED, AND, IF NOT AUTHORIZED, WHETHER THE EXTENSION IS OPERATIVE.

IT APPEARS THAT THE MEMBER ENLISTED FOR THREE YEARS IN THE REGULAR MARINE CORPS ON JANUARY 4, 1957. YOU STATE THAT, PRIOR TO THE NORMAL EXPIRATION OF HIS ENLISTMENT, HE APPLIED FOR APPOINTMENT IN THE MARINE AVIATION CADET PROGRAM AND AT THAT TIME HE HAD ATTAINED THE RANK OF CORPORAL (E-4). UPON SELECTION FOR APPOINTMENT, HE WAS REQUIRED TO EXECUTE AN AGREEMENT TO EXTEND HIS ENLISTMENT FOR TWO YEARS, THE AGREEMENT BEING EXECUTED ON OCTOBER 22, 1959, TO BE EFFECTIVE ON JANUARY 4, 1960. LATER HE WAS TRANSFERRED TO THE U.S. NAVAL AIR STATION, PENSACOLA, FLORIDA, AND HIS GRADE WAS CHANGED TO THAT OF MARINE AVIATION CADET EFFECTIVE NOVEMBER 29, 1959. THE MEMBER ELECTED PAYMENT OF REENLISTMENT BONUS UNDER THE PROVISIONS OF SECTION 208 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 239.

SECTION 6911 OF TITLE 10, U.S. CODE, 70A STAT. 426, AS AMENDED BY PUBLIC LAW 85-578, APPROVED JULY 31, 1958, 72 STAT. 456, PROVIDES THAT THE GRADE OF AVIATION CADET IS A SPECIAL ENLISTED GRADE IN THE NAVAL SERVICE AND PROVIDES FURTHER, IN EFFECT, THAT MALE ENLISTED MEMBERS OF THE NAVAL SERVICE, WITH THEIR CONSENT, MAY BE DESIGNATED AS AVIATION CADETS. THE LEGISLATIVE HISTORY OF THE 1958 AMENDMENT, AS REPORTED IN SENATE REPORT NO. 1860, 85TH CONGRESS, 2D SESSION, TO ACCOMPANY H.R. 11626, WHICH BECAME PUBLIC LAW 85-578 STATES:

"A FURTHER PURPOSE OF THIS PROPOSAL IS TO AMEND THE GRADE OF AN AVIATION CADET FROM "A SPECIAL ENLISTED GRADE IN THE NAVAL RESERVE AND MARINE CORPS RESERVE" TO "A SPECIAL ENLISTED GRADE IN THE NAVAL SERVICE.' THIS WILL AUTHORIZE THE GRADE FOR A REGULAR COMPONENT AS WELL AS FOR A RESERVE COMPONENT AND ELIMINATE THE ADMINISTRATIVE NECESSITY FOR DISCHARGING MEN OF THE REGULAR COMPONENT AND ENLISTING THEM IN THE RESERVE COMPONENT WHEN THOSE ENLISTED REGULARS IN THE FLEET ARE TRANSFERRED INTO THE NAVAL AVIATION CADET PROGRAM.'

SUBSECTION (D) PROVIDES THAT UNDER SUCH REGULATIONS AS THE SECRETARY MAY PRESCRIBE, AN AVIATION CADET MAY BE TRANSFERRED TO ANOTHER ENLISTED GRADE OR RATING IN THE NAVAL SERVICE, RELEASED FROM ACTIVE DUTY, OR DISCHARGED. SECTION 6912 OF TITLE 10, PROVIDES THAT EXCEPT AS PROVIDED IN SECTION 251 (A) OF TITLE 37, U.S.C. (PERTAINING TO BASIC ALLOWANCE FOR SUBSISTENCE), AVIATION CADETS ARE ENTITLED TO THE SAME ALLOWANCES, PENSIONS, GRATUITIES AND OTHER BENEFITS AS ARE PROVIDED FOR ENLISTED MEMBERS IN PAY GRADE E-4. SECTION 232 (E), TITLE 37 OF THE U.S.C. PROVIDES THAT AVIATION CADETS ARE ENTITLED TO MONTHLY PAY AT THE RATE OF 50 PERCENT OF THE BASIC PAY OF A COMMISSIONED OFFICER IN PAY GRADE 0-1 WITH UNDER TWO YEARS OF SERVICE. ALSO, SEE PARAGRAPH 044790, NAVY COMPTROLLER MANUAL, WHICH CITES THE AUTHORITY FOR THE SPECIAL ENLISTED GRADE OF AVIATION CADET IN THE NAVAL SERVICE, AND SETS FORTH THE PAY AND ALLOWANCES AUTHORIZED FOR SUCH MEMBERS.

THEREFORE, IT IS CLEAR THAT THE GRADE OF A MARINE CORPS AVIATION CADET IS A SPECIAL ENLISTED GRADE IN THE NAVAL SERVICE.

SINCE THE ENLISTED MEMBER HERE INVOLVED HAD BEEN ACCEPTED AS A MARINE AVIATION CADET PRIOR TO THE NORMAL EXPIRATION OF HIS ENLISTMENT AND WAS SERVING IN THAT GRADE ON SUCH EXPIRATION DATE, AND SINCE HE EXTENDED HIS ENLISTMENT FOR TWO YEARS, HE QUALIFIED UNDER THE DEFINITION OF ,REENLISTMENT" CONTAINED IN SECTION 208 (E) (2), HE BECAME ENTITLED A TO A REENLISTMENT BONUS UNDER THE PROVISIONS OF SECTION 208 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, UPON THE EFFECTIVE DATE OF THE EXTENSION. COMPARE 38 COMP. GEN. 126. ALSO, SEE 35 COMP. GEN. 663.

UNDER THE PROVISIONS OF SECTION 208 (A), THE BONUS IS TO BE COMPUTED ON THE BASIC PAY TO WHICH THE MEMBER WAS ENTITLED ON THE DATE OF DISCHARGE, OR, IN THE CASE OF THE EXTENSION OF AN ENLISTMENT, THE BASIC PAY TO WHICH ENTITLED ON THE DATE OF EXPIRATION OF THE TERM HE WAS OTHERWISE OBLIGATED TO SERVE. SINCE THE MEMBER WAS SERVING IN THE GRADE OF AVIATION CADET ON SUCH DATE, THE BONUS SHOULD BE COMPUTED ON THE PAY OF THAT GRADE. FURTHERMORE, SINCE THE EXTENSION WAS FOR A PERIOD OF TWO YEARS FROM DATE OF EXPIRATION OF HIS ENLISTMENT, THE MEMBER IS ENTITLED TO MILEAGE IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 4157-3 OF THE JOINT TRAVEL REGULATIONS. YOUR QUESTIONS ARE ANSWERED ACCORDINGLY. THE MILITARY PAY ORDER, TOGETHER WITH SUPPORTING PAPERS, IS RETURNED HEREWITH AND THE MEMBER MAY BE PAID ON THE BASIS STATED ABOVE.