GAO was requested for an advance decision regarding a Marine Corps sergeant's claim for a refund of a portion of a regular reenlistment bonus he received for a 2-year enlistment. The Government had recouped the portion currently claimed when the sergeant was separated early for the purpose of effecting an immediate 4-year reenlistment for which he received a selective reenlistment bonus. In a simi...

NO RECOUPMENT ACTION NEED BE TAKEN WHEN A SERVICE MEMBER WHO RECEIVED A REGULAR REENLISTMENT BONUS WAS DISCHARGED EARLY FOR THE PURPOSE OF IMMEDIATE REELISTMENT BONUS WAS PAYABLE. WE EFFECTIVELY HELD THAT THE RECOUPMENT REGULATIONS WERE INCONSISTENT WITH THE GOVERNING BONUS STATUTE AND WERE THEREFORE VOID EFFECTIVE ON THE DATE OF ENACTMENT OF THE STATUTE IN 1974. THE TIMM DECISION IS TO BE APPLIED...