B-93694, SEPTEMBER 19, 1950, 30 COMP. GEN. 109

B-93694, SEPTEMBER 19, 1950, 30 COMP. GEN. 109

ENLISTMENT ALLOWANCE AND REENLISTMENT BONUS--- EFFECT OF THE CAREER COMPENSATION ACT OF 1949 IN VIEW OF THE PROVISION IN THE ACT OF AUGUST 22, 1912, AS AMENDED, THAT ENLISTED MEN OF THE NAVY AND MARINE CORPS WHO EXTEND THEIR ENLISTMENTS THEREUNDER SHALL BE ENTITLED TO THE SAME PAY AND ALLOWANCES AS THOUGH REGULARLY DISCHARGED AND REENLISTED IMMEDIATELY UPON EXPIRATION OF THEIR TERM OF ENLISTMENT, SUCH AN EXTENSION OF AN ENLISTMENT MUST BE CONSIDERED AS AN ENLISTMENT UNDER SECTION 207 (A) OF THE CAREER COMPENSATION ACT OF 1949 RESTRICTING THE PAYMENT OF REENLISTMENT BONUSES TO NOT MORE THAN FOUR ENLISTMENTS ENTERED INTO AFTER THE EFFECTIVE DATE THEREOF. THE TERM "SUCH SERVICE" AS USED IN SECTION 207 (B) OF THE CAREER COMPENSATION ACT OF 1949, PROVIDING THAT FOR THE PURPOSES OF PAYMENT OF A REENLISTMENT BONUS AN ENLISTMENT IN ONE OF THE REGULAR SERVICES FOLLOWING COMPULSORY OR VOLUNTARY ACTIVE DUTY IN SUCH SERVICE SHALL BE CONSIDERED REENLISTMENT, REFERS TO THE SERVICE FROM WHICH AN ENLISTED MAN WAS LAST DISCHARGED AND, THEREFORE, AN ENLISTMENT IN THE REGULAR MARINE CORPS WITHIN THREE MONTHS FROM DATE OF DISCHARGE FROM THE REGULAR NAVY MAY NOT BE CONSIDERED A REENLISTMENT SO AS TO ENTITLE AN ENLISTED MAN TO A REENLISTMENT BONUS, THE NAVY AND MARINE CORPS BEING SEPARATE AND DISTINCT SERVICES. A MEMBER OF A RESERVE COMPONENT OF THE UNIFORMED SERVICES WHO ENLISTS IN THE REGULAR SERVICE WITHIN THREE MONTHS FROM THE DATE OF DISCHARGE FROM A RESERVE COMPONENT, BUT MORE THAN THREE MONTHS AFTER THE DATE OF HIS RELEASE FROM EXTENDED ACTIVE DUTY OF ONE YEAR OR MORE, IS NOT ENTITLED TO A REENLISTMENT BONUS UNDER SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949. IN VIEW OF SECTION 207 (C) OF THE CAREER COMPENSATION ACT OF 1949 APPLYING ONLY TO ENLISTED MEMBERS OF THE UNIFORMED SERVICES WHO, PRIOR TO THE EXPIRATION OF THEIR REENLISTMENT PERIOD, EXTEND THEIR REENLISTMENT TO ONE OF THE LONGER ENLISTMENT PERIODS AUTHORIZED IN SECTION 207 (A/--- TIME SERVED IN THE ORIGINAL REENLISTMENT TO BE CREDITED ON THE AMENDED ENLISTMENT--- THE COMBINED SERVICE IN THE ORIGINAL REENLISTMENT PLUS AN EXTENSION SUCH AS CONTEMPLATED UNDER SECTION 207 (C) WOULD NOT IN ANY CASE EXCEED A TOTAL OF SIX YEARS FOR WHICH THE SUM OF $20 IS PAYABLE FOR EACH YEAR OF AN EXTENSION OF A REENLISTMENT. THE REENLISTMENT BENEFITS AUTHORIZED BY SECTION 207 (C) OF THE CAREER COMPENSATION ACT OF 1949 TO BE PAID TO ENLISTED MEMBERS OF THE UNIFORMED SERVICES WHO EXTEND THEIR REENLISTMENTS PRIOR TO THE EXPIRATION THEREOF ARE NOT LIMITED TO PERSONS WHO PREVIOUSLY HAVE RECEIVED A REENLISTMENT BONUS UNDER SECTION 207 (A). THE EXTENSION OF AN ORIGINAL ENLISTMENT OR A REENLISTMENT BY NAVY AND MARINE CORPS PERSONNEL, UNDER THE PROVISIONS OF THE ACT OF AUGUST 22, 1912, AS AMENDED, SHOULD BE CONSIDERED AS A NEW ENLISTMENT FOR PAY PURPOSES AND, THEREFORE, A REENLISTMENT BONUS WOULD BE PAYABLE UNDER SECTION 207 (A) OF THE CAREER COMPENSATION ACT OF 1949 PROVIDED SUCH EXTENSION IS FOR TWO, THREE, OR FOUR YEARS, BUT NOT FOR AN EXTENSION OF ONLY ONE YEAR; NOR MAY PAYMENT OF A REENLISTMENT BONUS BE MADE UNDER SECTION 207 (C) OF THE 1949 ACT FOR ADDITIONAL TIME COVERED BY A ONE YEAR EXTENSION OF AN ORIGINAL ENLISTMENT. IN VIEW OF THE ACT OF AUGUST 22, 1912, AS AMENDED, PROVIDING THAT ENLISTED MEN OF THE NAVY AND MARINE CORPS WHO EXTEND THEIR ENLISTMENTS THEREUNDER SHALL BE ENTITLED TO AND SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS THOUGH REGULARLY DISCHARGED AND REENLISTED, A MEMBER OF THE NAVY OR MARINE CORPS WHO ENLISTED OR REENLISTED PRIOR TO THE DATE OF ENACTMENT OF THE CAREER COMPENSATION ACT OF 1949 IS ENTITLED UNDER SECTION 207 (D) THEREOF, UPON A SUBSEQUENT EXTENSION OF SUCH ENLISTMENT, TO AN ENLISTMENT ALLOWANCE IN THE AMOUNT AND UNDER THE PROVISIONS OF LAW IN EFFECT IMMEDIATELY PRIOR TO THE DATE OF ENACTMENT OF THE 1949 ACT.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, SEPTEMBER 19, 1950:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 10, 1950, WHEREIN YOU REQUEST DECISION ON SEVERAL QUESTIONS PRESENTED IN A LETTER FROM THE COMMANDANT OF THE MARINE CORPS, ENCLOSED THEREWITH, RELATIVE TO THE PROPER APPLICATION OF THE PROVISIONS OF SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949, PUBLIC LAW 351, APPROVED OCTOBER 12, 1949, WHICH WAS MADE EFFECTIVE AS OF OCTOBER 1, 1949.

THE SAID SECTION 217 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 811, 812, READS AS OLLOWS:

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 $60 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 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.

THE FIRST QUESTION PRESENTED IS WHETHER AN EXTENSION OF AN ENLISTMENT UNDER THE PROVISIONS OF THE ACT OF AUGUST 22, 1912, 37 STAT. 331, AS AMENDED, 34 U.S.C. 184, CONSTITUTES AN ENLISTMENT WITHIN THE MEANING OF THE PROVISIONS IN SECTION 207 (A) OF THE 1949 ACT, SUPRA, THAT " NO REENLISTMENT BONUS SHALL BE PAID FOR MORE THAN FOUR ENLISTMENTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS SECTION.'

THE SAID ACT OF AUGUST 22, 1912, AS AMENDED, PROVIDES AS FOLLOWS:

THE TERM OF ENLISTMENT OF ANY ENLISTED MAN IN THE NAVY AND MARINE CORPS, INCLUDING ENLISTMENT FOR MINORITY, MAY, BY HIS VOLUNTARY WRITTEN AGREEMENT, UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARY OF THE NAVY, WITH THE APPROVAL OF THE PRESIDENT, BE EXTENDED FOR A PERIOD OF EITHER ONE, TWO, THREE, OR FOUR FULL YEARS FROM THE DATE OF EXPIRATION OF THE THEN EXISTING TERM OF ENLISTMENT, AND SUBSEQUENT TO SAID DATE SUCH ENLISTED MEN AS EXTEND THE TERM OF ENLISTMENT AS AUTHORIZED IN THIS SECTION SHALL BE ENTITLED TO AND SHALL RECEIVE THE SAME PAY AND ALLOWANCES IN ALL RESPECTS AS THOUGH REGULARLY DISCHARGED AND REENLISTED IMMEDIATELY UPON EXPIRATION OF THEIR TERM OF ENLISTMENT, AND SUCH EXTENSION SHALL NOT OPERATE TO DEPRIVE THEM UPON DISCHARGE AT THE TERMINATION THEREOF OF ANY RIGHT, PRIVILEGE, OR BENEFIT TO WHICH THEY WOULD BE ENTITLED AT THE EXPIRATION OF THE FORMER TERM OF ENLISTMENT. (ITALICS SUPPLIED.)

IN VIEW OF THE SPECIFIC PROVISION IN THE 1912 ACT TO THE EFFECT THAT ENLISTED MEN OF THE NAVY AND MARINE CORPS WHO EXTEND THEIR ENLISTMENTS UNDER ITS PROVISIONS SHALL BE ENTITLED TO AND SHALL RECEIVE THE SAME PAY AND ALLOWANCES IN ALL RESPECTS AS THOUGH REGULARLY DISCHARGED AND REENLISTED IMMEDIATELY UPON EXPIRATION OF THEIR TERM OF ENLISTMENT, THE CONCLUSION SEEMS REQUIRED THAT SUCH AN EXTENSION MUST BE CONSIDERED AS AN ENLISTMENT WITHIN THE PURVIEW OF THE PROVISION IN SECTION 207 (A) OF THE 1949 ACT REFERRED TO IN THE FIRST QUESTION. ACCORDINGLY THE SAID QUESTION IS ANSWERED IN THE AFFIRMATIVE.

THE SECOND QUESTION IS WHETHER AN ENLISTMENT IN THE REGULAR MARINE CORPS WITHIN THREE MONTHS FROM DATE OF DISCHARGE FROM THE REGULAR NAVY IS TO BE CONSIDERED A REENLISTMENT FOR THE PURPOSE OF ENTITLEMENT TO THE REENLISTMENT BONUS.

IT WILL BE NOTED THAT SECTION 207 (B) OF THE 1949 ACT, SUPRA, PROVIDES THAT FOR THE PURPOSE OF PAYMENT OF THE REENLISTMENT BONUS, 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," SHALL BE CONSIDERED A REENLISTMENT. IT IS NOT APPARENT HOW THE TERM "SUCH SERVICE" COULD BE CONSIDERED AS REFERRING TO ANYTHING BUT THE SERVICE FROM WHICH THE ENLISTED MAN HAD LAST BEEN DISCHARGED. AND WHILE BOTH THE NAVY AND MARINE CORPS ARE A PART OF THE NAVAL ESTABLISHMENT (SEE 5 U.S.C. 421G), THEY ARE SEPARATE AND DISTINCT SERVICES. CF. SECTION 102 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804. ACCORDINGLY, THE SECOND QUESTION IS ANSWERED IN THE NEGATIVE.

THE THIRD QUESTION IS WHETHER THE REENLISTMENT BONUS IS PAYABLE ON ENLISTMENT IN THE REGULAR SERVICE WITHIN THREE MONTHS FROM THE DATE OF DISCHARGE FROM THE RESERVE COMPONENT NOTWITHSTANDING THE FACT THAT THE DATE OF RELEASE FROM EXTENDED ACTIVE DUTY OF ONE YEAR OR MORE WAS MORE THAN THREE MONTHS PRIOR TO SUCH ENLISTMENT.

A SIMILAR QUESTION WAS CONSIDERED IN DECISION OF NOVEMBER 7, 1946, 26 COMP. GEN. 307, INVOLVING THE ENLISTMENT ALLOWANCE PROVISIONS CONTAINED IN SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 363, AS AMENDED, AND IT WAS STATED (BEGINNING AT THE BOTTOM OF PAGE 311/---

WITH RESPECT TO THE CASE OUTLINE IN PARAGRAPH 7 (B), IT APPEARS THAT THE MAN THERE INVOLVED DID NOT ENLIST WITHIN THREE MONTHS FROM THE DATE OF HIS RELEASE FROM ACTIVE DUTY AND SINCE THE STATUTE MAY NOT BE REGARDED AS CONTEMPLATING AN ENLISTMENT WITHIN THREE MONTHS AFTER DISCHARGE WHILE IN AN INACTIVE DUTY STATUS WHERE SUCH ENLISTMENT IS MORE THAN THREE MONTHS AFTER RELEASE FROM ACTIVE DUTY, BUT IS MORE REASONABLY TO BE VIEWED AS CONTEMPLATING IN SUCH CASES AN ENLISTMENT OR REENLISTMENT IN THE REGULAR SERVICE WITHIN THREE MONTHS AFTER RELEASE FROM ACTIVE DUTY IN A RESERVE COMPONENT, THE MAN IN QUESTION IS NOT ENTITLED TO ANY ENLISTMENT ALLOWANCE. * * *

THE SAME RULE IS FOR APPLICATION HERE AND, HENCE, THE THIRD QUESTION IS ANSWERED IN THE NEGATIVE.

THE FOURTH QUESTION IS WHETHER, UNDER THE PROVISIONS OF SECTION 207 (C) OF THE 1949, ACT, SUPRA, THE SUM OF $20 FOR EACH YEAR OF AN EXTENSION OF A REENLISTMENT IS PAYABLE FOR A MAXIMUM OF SIX YEARS NOTWITHSTANDING THE FACT THAT THE TOTAL NUMBER OF YEARS FOR WHICH REENLISTED PLUS THE NUMBER OF YEARS OF THE EXTENSION EXCEEDS THE SIX YEARS' LIMITATION CONTAINED IN SECTION 207 (A).

IT WILL BE NOTED THAT SECTION 207 (C) REFERS ONLY TO ENLISTED PERSONS WHO, PRIOR TO THE EXPIRATION OF THE PERIOD FOR WHICH THEY REENLISTED, EXTEND THEIR REENLISTMENT "TO ANY ONE OF THE LONGER ENLISTMENT PERIODS MENTIONED IN SUBSECTION (A).' SUCH LANGUAGE WOULD NOT APPEAR TO CONTEMPLATE AN EXTENSION OF A REENLISTMENT SUCH AS IS AUTHORIZED BY THE ACT OF AUGUST 22, 1912, AS AMENDED, SUPRA, FOR NAVY AND MARINE CORPS PERSONNEL, BUT RATHER WOULD SEEM TO REFER TO WHAT, IN EFFECT, WOULD BE AN AMENDMENT OF THE REENLISTMENT CONTRACT TO CHANGE THE TERM OF SERVICE THEREUNDER FROM A SHORTER PERIOD TO ONE OF THE LONGER PERIODS REFERRED TO IN SECTION 207 (A), THE TIME SERVED IN THE ORIGINAL REENLISTMENT PERIOD TO BE CREDITED ON THE AMENDED ENLISTMENT PERIOD. CF. 26 COMP. GEN. 83, 86, ANSWER TO QUESTION (A). HENCE, THERE WOULD BE NO CASE WHERE THE COMBINED SERVICE IN THE ORIGINAL REENLISTMENT PLUS AN EXTENSION SUCH AS THAT CONTEMPLATED BY SECTION 207 (C) WOULD EXCEED A TOTAL OF SIX YEARS, IT NOT APPEARING THAT THE STATUTE WAS INTENDED TO MEAN THAT ANY SUCH EXTENSION COULD BE FOR AN UNSPECIFIED PERIOD OF TIME. THE FOURTH QUESTION IS ANSWERED ACCORDINGLY.

THE FIFTH QUESTION IS WHETHER THE BENEFITS OF SECTION 207 (C) ARE CONTINGENT UPON THE ENLISTED PERSON FIRST HAVING RECEIVED A REENLISTMENT BONUS UNDER THE PROVISIONS OF SECTION 207 (A).

SINCE THE ACT OF AUGUST 22, 1912, SUPRA, EXPRESSLY REQUIRES THAT ANY EXTENSION OF ENLISTMENT MADE THEREUNDER BE TREATED AS A REENLISTMENT--- RATHER THAN AN EXTENSION OF ENLISTMENT--- FOR PAY AND ALLOWANCE PURPOSES, IT DOES NOT APPEAR THAT PERSONNEL OF THE NAVY AND MARINE CORPS WOULD BE ENTITLED TO PAYMENT UNDER SECTION 207 (C) FOR ANY EXTENSION OF ENLISTMENT MADE UNDER THE 1912 ACT. HOWEVER, IF THE EXTENSION UNDER THE SAID 1912 ACT HOULD BE FOR TWO, THREE, OR FOUR YEARS, THEN REENLISTMENT BONUS WOULD BE PAYABLE UNDER SECTION 207 (A) JUST AS THOUGH THE EXTENSION HAD BEEN A REENLISTMENT FOR A LIKE PERIOD. THUS, INSOFAR AS NAVY AND MARINE CORPS XPERSONNEL ARE CONCERNED, IT IS NOT APPARENT THAT AN ANSWER TO THE FIFTH QUESTION IS NECESSARY. HOWEVER, IT MAY BE OBSERVED THAT THERE APPEARS TO E NOTHING IN SECTION 207 (C) WHICH MUST BE CONSIDERED AS LIMITING THE PAYMENTS AUTHORIZED THEREBY TO THE CASES OF PERSONS WHO PREVIOUSLY HAVE RECEIVED A REENLISTMENT BONUS UNDER SECTION 207 (A).

THE SIXTH QUESTION IS WHETHER, IN VIEW OF THE PROVISIONS OF THE ACT OF AUGUST 22, 1912, AS AMENDED, SUPRA, THE SUM OF $20 FOR EACH YEAR OF AN EXTENSION MAY BE PAID ON AN EXTENSION OF AN ORIGINAL ENLISTMENT.

INSOFAR AS NAVY AND MARINE CORPS PERSONNEL ARE CONCERNED, IT WOULD APPEAR THAT IN ANY CASE WHERE AN ORIGINAL ENLISTMENT OR A REENLISTMENT IS EXTENDED IN ACCORDANCE WITH THE PROVISIONS OF THE 1912 ACT, SUCH EXTENSION GENERALLY SHOULD BE CONSIDERED AS A NEW ENLISTMENT FOR PAY AND ALLOWANCE PURPOSES AND, HENCE, IF SUCH EXTENSION WERE FOR TWO, THREE, OR FOUR YEARS, THEN REENLISTMENT BONUS WOULD BE PAYABLE UNDER SECTION 207 (A). HOWEVER, IF THE EXTENSION UNDER THE 1912 ACT SHOULD BE FOR ONE YEAR ONLY, NO AMOUNT COULD BE PAID FOR THE ADDITIONAL TIME COVERED BY SUCH EXTENSION UNDER THE TERMS OF SECTION 207 (A) SINCE THE MINIMUM DEFINITE ENLISTMENT PERIOD SPECIFIED IN SECTION 207 (A) IS TWO YEARS. AND, IN SUCH CASE, INVOLVING A ONE-YEAR EXTENSION OF AN ORIGINAL ENLISTMENT, NO PAYMENT COULD BE MADE UNDER SECTION 207 (C) FOR THE REASON SET FORTH ABOVE IN CONNECTION WITH THE FIFTH QUESTION AND FOR THE ADDITIONAL REASON THAT SECTION 207 (C) EXPRESSLY PROVIDES FOR PAYMENT ONLY UPON EXTENSION OF "REENLISTMENT.' THE SIXTH QUESTION IS ANSWERED ACCORDINGLY.

IN VIEW OF THE ANSWERS TO THE PRECEDING QUESTIONS, PARTICULARLY THE FOURTH AND SIXTH QUESTIONS, NO ANSWER TO THE SEVENTH QUESTION IS NECESSARY.

THE EIGHTH QUESTION IS WHETHER A MEMBER WHO ENLISTED OR REENLISTED PRIOR TO OCTOBER 12, 1949--- THE DATE OF ENACTMENT OF THE CAREER COMPENSATION ACT OF 1949--- IS, UPON A SUBSEQUENT EXTENSION OF SUCH ENLISTMENT, ENTITLED TO AN ENLISTMENT ALLOWANCE IN THE AMOUNT AND UNDER THE PROVISIONS OF LAW IN EFFECT IMMEDIATELY PRIOR TO THE DATE OF ENACTMENT OF THE 1949 ACT PROVIDED FOR IN SECTION 207 (D) THEREOF.

ASSUMING THAT REFERENCE IS HAD TO AN EXTENSION OF AN ENLISTMENT UNDER THE PROVISIONS OF THE ACT OF AUGUST 22, 1912, AS AMENDED, SUPRA, THE EIGHTH QUESTION IS ANSWERED IN THE AFFIRMATIVE IN VIEW OF THE EXPRESS PROVISION IN THE SAID 1912 ACT TO THE EFFECT THAT ENLISTED MEN WHO EXTEND THEIR ENLISTMENTS THEREUNDER SHALL BE ENTITLED TO AND SHALL RECEIVE THE SAME PAY AND ALLOWANCE IN ALL RESPECTS AS THOUGH REGULARLY DISCHARGED AND REENLISTED.

THE AFFIRMATIVE ANSWER TO THE FOREGOING QUESTION MAKES AN ANSWER TO THE NINTH QUESTION UNNECESSARY. YOUR FINAL QUESTION IS AS FOLLOWS:

ENLISTED MEMBERS WHO HAVE REENLISTED OR WHOSE EXTENSIONS OF THEIR ENLISTMENTS BECAME EFFECTIVE DURING THE PERIOD OCTOBER 1, 1949, AND OCTOBER 11, 1949, HAVE BEEN PAID ENLISTMENT ALLOWANCE IN ACCORDANCE WITH LAWS IN EFFECT PRIOR TO OCTOBER 12, 1949; I.E., THE LAWS CITED IN PARAGRAPH 2 AND 3 OF THIS REQUEST. A DECISION IS THEREFORE REQUESTED WHETHER SUCH OTHERWISE PROPER PAYMENTS OF ENLISTMENT ALLOWANCE AS MAY HAVE BEEN MADE WILL BE PERMITTED TO STAND, OR WHETHER SUCH PAYMENTS MUST BE ADJUSTED TO CONFORM TO THE REENLISTMENT BONUS PROVIDED BY SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949. * * *

IN THE ABSENCE OF MORE DETAILED INFORMATION AS TO THE PARTICULAR PAYMENTS INVOLVED AND THE MANNER IN WHICH THEY MAY BE IN CONFLICT WITH THE PROVISIONS OF THE SAID CAREER COMPENSATION ACT OF 1949, NO UNEQUIVOCAL ANSWER MAY BE GIVEN TO THIS QUESTION. HOWEVER, IT MAY BE STATED THAT, AS A GENERAL RULE, THIS OFFICE WOULD NOT BE INCLINED TO TAKE EXCEPTION TO ANY ENLISTMENT ALLOWANCE PAYMENTS WHICH WERE PROPER AND LEGAL WHEN MADE. CF. 22 COMP. GEN. 548, REFERRED TO IN THE LETTER FROM THE COMMANDANT OF THE MARINE CORPS.