B-93500, MAR 23, 1950

B-93500, MAR 23, 1950

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL H. E. RUSSELL, U.S. AIR FORCE:

THERE HAS BEEN RECEIVED BY COMMUNICATION DATED MARCH 3, 1950 FROM THE DIRECTOR OF FINANCE, DEPARTMENT OF THE AIR FORCE, YOUR LETTER DATED JANUARY 17, 1950, TRANSMITTING A VOUCHER, BEFORE YOU FOR PAYMENT, STATED IN FAVOR OF MASTER SERGEANT ANDREW P. PETERSON, SERVICE NO. AF 1069023, IN THE AMOUNT OF $60, REPRESENTING REENLISTMENT ALLOWANCE INCIDENT TO HIS REENLISTMENT IN THE AIR FORCE ON OCTOBER 19, 1948, FOR AN UNSPECIFIED PERIOD OF TIME. DECISION IS REQUESTED AS TO WHETHER PAYMENT OF SUCH VOUCHER IS AUTHORIZED.

SERGEANT PETERSON'S REENLISTMENT ON OCTOBER 19, 1948, FOR AN UNSPECIFIED PERIOD OF TIME PRESUMABLY WAS ENTERED INTO UNDER THE PROVISIONS OF SECTION 1 OF THE ACT OF JUNE 28, 1947, 61 STAT. 191-- MADE APPLICABLE TO THE AIR FORCE BY SECTION 305 OF THE NATIONAL SECURITY ACT OF 1947, 61 STAT. 508-- WHICH READS, IN PERTINENT PART, AS FOLLOWS:

"*** PROVIDED, THAT PERSONS OF THE FIRST THREE ENLISTED GRADES MAY BE REENLISTED FOR UNSPECIFIED PERIODS OF TIME ON A CAREER BASIS UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE ***."

SECTION 4 OF THAT ACT, 61 STAT. 192, AMENDED PARAGRAPH 4 OF SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, AS AMENDED, BY ADDING THE FOLLOWING PROVISO:

"PROVIDED FURTHER, THAT IN ADDITION TO SUCH ENLISTMENT ALLOWANCE, ANY PERSON ENLISTING FOR AN UNSPECIFIED PERIOD OF TIME SHALL BE PAID THE SUM OF $50 UPON THE COMPLETION OF EACH YEAR OF SERVICE OF SUCH REENLISTMENT, AND ANY PERSON WHO RESIGNS OR IS DISCHARGED FROM SUCH ENLISTMENT FOR AN UNSPECIFIED PERIOD OF TIME SHALL NOT BE THEREAFTER BE ENTITLED TO ANY ADDITIONAL ENLISTMENT OR REENLISTMENT ALLOWANCE BASED ON ANY PERIOD SERVED IN SUCH ENLISTMENT FOR AN UNSPECIFIED PERIOD OF TIME."

THE SAID PAY READJUSTMENT ACT OF 1942, AS AMENDED, WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL, WAS REPEALED BY SECTION 531(B)(34) OF THE CAREER COMPENSATION ACT OF 1949, PUBLIC LAW 351, APPROVED OCTOBER 12, 1949 (63 STAT. 838, 839), AND ON OCTOBER 18, 1949, THE DATE SERGEANT PETERSON COMPLETED ONE YEAR OF SERVICE UNDER HIS REENLISTMENT OF OCTOBER 19, 1948, THE ONLY PROVISIONS OF LAW RELATING TO THE PAYMENT OF REENLISTMENT ALLOWANCE OR REENLISTMENT BONUS WERE THOSE CONTAINED IN SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 811, WHICH READS AS FOLLOWS:

"SEC. 207. (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; AND, UPON ENLISTMENT FOR AN UNSPECIFIED PERIOD OF TIME AMOUNTING TO MORE THAN SIX YEARS A LUMP SUM REENLISTMENT BONUS OF $360 SHALL BE PAID, AND, UPON THE COMPLETION OF SIX YEARS' ENLISTED SERVICE IN SUCH ENLISTMENT, FOR EACH YEAR THEREAFTER A LUMP SUM PAYMENT OF 460 SHALL BE MADE, SUBJECT TO THE LIMITATION THAT THE TOTAL AMOUNT PAID SHALL NOT EXCEED $1,440. NO REENLISTMENT BONUS SHALL BE PAID FOR MORE THAN FOUR ENLISTMENTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS SECTION: PROVIDED, THAT THE BONUS TO BE PAID IN THE CASE OF A PERSON REENLISTING FOR A PERIOD WHICH WOULD EXTEND THE LENGTH OF HIS ACTIVE FEDERAL SERVICE BEYOND THIRTY YEARS SHALL BE COMPUTED AS IF SAID REENLISTMENT WERE FOR THE MINIMUM NUMBER OF YEARS NECESSARY TO PERMIT SUCH PERSON TO COMPLETE THIRTY YEARS' ACTIVE FEDERAL SERVICE.

"(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.

"(C) ENLISTED PERSONS OF THE UNIFORMED SERVICES WHO, PRIOR TO EXPIRATION OF THE PERIOD FOR WHICH THEY HAVE REENLISTED, EXTEND THEIR REENLISTMENT TO ANY ONE OF THE LONGER ENLISTMENT PERIODS MENTIONED IN SUBSECTION (A) OF THIS SECTION, SHALL BE PAID THE SUM OF $20 FOR EACH YEAR OF SUCH EXTENSION SUBJECT TO THE LIMITATIONS CONTAINED IN SUBSECTION (A) OF THIS SECTION.

"(D) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (A) OF THIS SECTION, A MEMBER OF THE UNIFORMED SERVICES WHO REENLISTS WITHIN THREE MONTHS AFTER BEING DISCHARGED FROM THE ENLISTMENT ENTERED INTO PRIOR TO THE DATE OF ENACTMENT OF THIS ACT, OR WHO REENLISTS WITHIN THREE MONTHS AFTER BEING RELIEVED FROM ACTIVE SERVICE AS A COMMISSIONED OFFICER OR WARRANT OFFICER UNDER APPOINTMENT MADE PRIOR TO THE DATE OF ENACTMENT OF THIS ACT IF SUCH COMMISSIONED OR WARRANT SERVICE IMMEDIATELY FOLLOWED ENLISTED SERVICE, SHALL BE ENTITLED TO RECEIVE EITHER (1) ENLISTMENT ALLOWANCES IN THE AMOUNT AND UNDER THE PROVISIONS OF LAW IN EFFECT IMMEDIATELY PRIOR TO THE DATE OF ENACTMENT OF THIS ACT, OR (2) REENLISTMENT BONUS IN THE AMOUNT AND UNDER THE PROVISIONS OF THIS SECTION, WHICHEVER IS THE GREATER AMOUNT: PROVIDED, THAT THE ENLISTMENT ALLOWANCE PAYABLE UNDER (1) HEREUNDER SHALL IN NO EVENT EXCEED $300.

"(E) THE SECRETARY CONCERNED SHALL PRESCRIBE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION IN HIS DEPARTMENT."

SUCH CURRENT PROVISIONS OF LAW REFER ONLY TO REENLISTMENTS ENTERED INTO ON AND AFTER OCTOBER 1, 1949, THE EFFECTIVE DATE OF THE CAREER COMPENSATION ACT OF 1949, AND, HENCE, THEY CONTAIN NO AUTHORITY FOR PAYMENT OF A REENLISTMENT ALLOWANCE TO SERGEANT PETERSON INCIDENT TO HIS REENLISTMENT ON OCTOBER 19, 1948, WHICH, OF COURSE, WAS PRIOR TO SUCH EFFECTIVE DATE. AND SINCE, AS NOTED, THE PROVISIONS OF THE PAY READJUSTMENT ACT OF 1942 WHICH WOULD HAVE ENTITLED HIM TO A REENLISTMENT ALLOWANCE OF $50 INCIDENT TO HIS COMPLETION OF ONE YEARS' SERVICE ON OCTOBER 18, 1949, WERE REPEALED PRIOR TO THAT DATE, NO RIGHT TO A REENLISTMENT ALLOWANCE COULD ARISE THEREUNDER.

WHILE IT MAY BE THAT THE OMISSION FROM THE 1949 ACT OF SOME PROVISION FOR THE PAYMENT OF A REENLISTMENT ALLOWANCE OR REENLISTMENT BONUS IN CASES SUCH AS THIS WAS INADVERTENT, SUCH AN OMISSION MAY NOT BE CURED BY INTERPRETATION BUT MUST BE LEFT TO CORRECTION BY THE CONGRESS. COMP.GEN. 52, 55.

IN VIEW OF THE FOREGOING, PAYMENT ON THE VOUCHER, WHICH IS RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.