B-109167, APRIL 30, 1952, 31 COMP. GEN. 544

B-109167, APRIL 30, 1952, 31 COMP. GEN. 544

PAY - SAVED PAY AND ALLOWANCES - INVOLUNTARY ENLISTMENT EXTENSION THE SAVED PAY PROVISIONS OF SECTION 515 OF THE CAREER COMPENSATION ACT OF 1949 ARE FIXED IN THE ACT TO EXPIRE NOT LATER THAN JUNE 30, 1952, AND, THEREFORE, AN ENLISTED MEMBER OF THE ARMED FORCES, IN RECEIPT OF SAVED PAY BENEFITS UNDER THE ACT, WHOSE ENLISTMENT IS INVOLUNTARILY EXTENDED BEYOND JUNE 30, 1052, UNDER SECTION 2 OF THE ACT OF JUNE 19, 1951, IS NOT ENTITLED TO CONTINUE TO RECEIVE SUCH BENEFITS AFTER THAT DATE.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF DEFENSE, APRIL 30, 1952:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 14, 1952, REQUESTING DECISION AS TO WHETHER AN ENLISTED MEMBER OF THE ARMED FORCES IN RECEIPT OF PAY AND ALLOWANCES SAVED TO HIM BY SECTION 515 OF THE CAREER COMPENSATION ACT OF 1949 WHOSE ENLISTMENT IS INVOLUNTARILY EXTENDED BEYOND JUNE 30, 1952, WILL BE ENTITLED TO SUCH SAVED PAY AND ALLOWANCES NOTWITHSTANDING THE TERMINAL PROVISIONS OF THE SAID SECTION 515.

SECTION 1 OF THE ACT OF JULY 27, 1950, 64 STAT. 379, AS AMENDED, PROVIDED THAT "UNTIL JULY 9, 1951, THE PRESIDENT SHALL BE AUTHORIZED TO EXTEND ALL ENLISTMENTS" IN THE ARMED FORCES OF THE UNITED STATES FOR A PERIOD NOT TO EXCEED TWELVE MONTHS. THE SAID SECTION 1 WAS AMENDED BY SECTION 2 OF THE ACT OF JUNE 19, 1951, 65 STAT. 88, BY STRIKING OUT " JULY 9, 1951" AND INSERTING IN LIEU THEREOF " JULY 1, 1953" SO AS TO AUTHORIZE THE PRESIDENT UNTIL JULY 1, 1953, TO INVOLUNTARILY EXTEND ENLISTMENTS AND BY ADDING AT THE END OF SUCH SECTION A NEW SENTENCE AS FOLLOWS:

NO PERSON WHOSE ENLISTMENT HAS BEEN EXTENDED HERETOFORE OR HEREAFTER FOR TWELVE MONTHS PURSUANT TO THIS ACT SHALL HAVE HIS ENLISTMENT EXTENDED FOR ANY ADDITIONAL PERIOD OF TIME UNDER THIS ACT.

ENLISTMENTS EXPIRING DURING THE PERIOD JULY 27, 1950, TO JULY 8, 1951, WERE INVOLUNTARILY EXTENDED FOR A PERIOD OF ONE YEAR BY EXECUTIVE ORDER NO. 10145, DATED JULY 27, 1950, AND ENLISTMENTS EXPIRING DURING THE PERIOD JULY 9, 1951, TO JUNE 30, 1952, WERE EXTENDED FOR A PERIOD OF ONE YEAR BY EXECUTIVE ORDER NO. 10270, DATED JULY 6, 1951. EXECUTIVE ORDER NO. 10345, DATED APRIL 17, 1952, EXTENDED FOR A PERIOD OF NINE MONTHS ALL ENLISTMENTS WHICH SHALL EXPIRE AFTER JUNE 30, 1952, AND PRIOR TO JULY 1, 1953, AND WHICH HAVE NOT BEEN EXTENDED HERETOFORE FOR TWELVE MONTHS BY EXECUTIVE ORDERS NOS. 10145 OR 10270.

IT IS INDICATED IN THE MEMORANDUM ACCOMPANYING YOUR LETTER THAT THE ACT OF JULY 27, 1950, AS AMENDED, AND THE EXECUTIVE ORDERS ISSUED PURSUANT THERETO, HAVE HAD THE EFFECT OF POSTPONING THE DATE OF EXPIRATION OF ENLISTMENT FOR THE PERIOD OF TIME SPECIFIED IN SAID EXECUTIVE ORDERS.

SECTION 2 OF THE ACT OF JULY 27, 1950, SUPRA, PROVIDES AS FOLLOWS:

PERSONNEL OF THE UNIFORMED SERVICES ENTITLED TO BENEFITS UNDER SECTION 515 OF THE CAREER COMPENSATION ACT OF 1949 (63 STAT. 831) SHALL NOT SUFFER ANY REDUCTION IN TOTAL COMPENSATION BY REASON OF ANY EXTENDED SERVICE PERFORMED UNDER THE TERMS OF THIS ACT.

SECTION 515 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 831, PROVIDES IN PERTINENT PART AS FOLLOWS:

(A) NO MEMBER SERVING ON ACTIVE DUTY ON THE EFFECTIVE DATE OF THIS ACT SHALL, PRIOR TO JULY 1, 1952, AND WHILE SERVING ON CONTINUOUS ACTIVE DUTY, INCLUDING FOR THE PURPOSE OF SUCH CONTINUOUS ACTIVE-DUTY SERVICE IN A REENLISTMENT ENTERED INTO WITHIN THREE MONTHS FROM THE DATE OF LAST DISCHARGE, SUFFER ANY REDUCTION BY REASON OF THIS ACT IN THE TOTAL COMPENSATION WHICH HE IS ENTITLED TO RECEIVE UNDER ANY PROVISION OF LAW IN EFFECT ON THE DAY IMMEDIATELY PRECEDING SUCH EFFECTIVE DATE * * *

(B) ANY MEMBER WHO, ON THE EFFECTIVE DATE OF THIS ACT, IS SERVING IN AN ENLISTMENT CONTRACTED PRIOR TO THE DATE OF ENACTMENT OF THIS ACT, OR ANY MEMBER WHOSE ENLISTMENT TERMINATED IN THE PERIOD BETWEEN THE DATE OF ENACTMENT AND THE EFFECTIVE DATE OF THIS ACT, BOTH DATES INCLUSIVE, AND WHO HAS ENTERED INTO A NEW ENLISTMENT WITHIN ONE MONTH OF SUCH TERMINATION SHALL NOT, PRIOR TO THE EXPIRATION OF THE ENLISTMENT OR REENLISTMENT DESCRIBED ABOVE, OR JULY 1, 1952, WHICHEVER IS EARLIER, SUFFER ANY REDUCTION BY REASON OF THIS ACT IN THE TOTAL COMPENSATION WHICH HE IS ENTITLED TO RECEIVE UNDER ANY PROVISION OF LAW IN EFFECT ON THE DAY IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS ACT * * * THE SECOND PROVISO OF SUBSECTION (B) CONTAINS A SIMILAR LIMITATION.

SUBSECTION (A) PROVIDES THAT NO MEMBER SERVING ON ACTIVE DUTY ON THE EFFECTIVE DATE OF THE CAREER COMPENSATION ACT, AND WHILE SERVING ON CONTINUOUS ACTIVE DUTY, SHALL SUFFER A REDUCTION IN TOTAL COMPENSATION BY REASON OF THAT ACT "PRIOR TO JULY 1, 1952" AND SUBSECTION (B) PROVIDES THAT NO SUCH MEMBER SHALL SUFFER SUCH A REDUCTION BY REASON OF THE SAID ACT PRIOR TO THE EXPIRATION OF THE ENLISTMENTS OR REENLISTMENTS SPECIFIED THEREIN "OR JULY 1, 1952, WHICHEVER IS EARLIER.' HENCE, IT WILL BE SEEN THAT THE SAVINGS PROVISIONS OF THE CAREER COMPENSATION ACT OF 1949 ARE NOT NECESSARILY EFFECTIVE UNTIL THE EXPIRATION OF ENLISTMENTS OR REENLISTMENTS SPECIFIED THEREIN, WITHOUT LIMITATION AS TO TIME, BUT ONLY UNTIL THE EXPIRATION THEREOF OR UNTIL JUNE 30, 1952, INCLUSIVE, WHICHEVER IS EARLIER. SECTION 2 OF THE ACT OF JULY 27, 1950, SUPRA, PROVIDES THAT PERSONNEL OF THE UNIFORMED SERVICES ENTITLED TO SAVED PAY BENEFITS UNDER THE CAREER COMPENSATION ACT SHALL NOT SUFFER ANY REDUCTION IN TOTAL COMPENSATION "BY REASON OF ANY EXTENDED SERVICE PERFORMED UNDER THE TERMS OF THIS ACT.' THE SAID SECTION 2 DOES NOT PROVIDE THAT THE SAVINGS PROVISIONS OF SECTION 515 OF THE CAREER COMPENSATION ACT WILL REMAIN IN EFFECT "DURING" THE PERIOD OF SUCH INVOLUNTARY EXTENSION OF ENLISTMENT BUT INSTEAD PROVIDES THAT SUCH SAVINGS PROVISIONS WILL NOT BE LOST OR TERMINATED "BY REASON OF" SUCH EXTENDED SERVICE. IN OTHER WORDS, THE EFFECT OF SECTION 2 OF THE ACT OF JULY 27, 1950, IS TO INCLUDE WITHIN THE MEANING OF THE TERM "CONTINUOUS ACTIVE DUTY" AND ENLISTMENTS AND REENLISTMENTS SPECIFIED IN SECTION 515 OF THE CAREER COMPENSATION ACT THE PERIOD OF EXTENDED SERVICE PERFORMED UNDER THE SAID ACT OF JULY 27, 1950, BUT IT DOES NOT MODIFY THE TERMINATION DATE OF JUNE 30, 1952, PREVIOUSLY FIXED IN SECTION 515 OF THE CAREER COMPENSATION ACT AS THE LATEST EFFECTIVE DATE FOR EXPIRATION OF THE SAVED PAY PROVISIONS THEREOF. SAVED PAY TERMINATED ON JUNE 30, 1952, WILL NOT BE TERMINATED "BY REASON OF" ANY EXTENDED SERVICE UNDER THE ACT OF JULY 27, 1950, BUT BY REASON OF SUCH PREVIOUSLY FIXED TERMINATION DATE IN THE CAREER COMPENSATION ACT, WHICH APPLIES WHETHER A MEMBER BE SERVING IN AN ORIGINAL ENLISTMENT OR AN EXTENDED ENLISTMENT ON THAT DATE. IT FOLLOWS THAT THE SAVINGS PROVISIONS OF SECTION 515 OF THE CAREER COMPENSATION ACT WILL EXPIRE NOT LATER THAN JUNE 30, 1952, NOTWITHSTANDING THE FACT THAT AN ENLISTED MAN'S PERIOD OF ENLISTMENT WAS INVOLUNTARILY EXTENDED BEYOND THAT DATE BY THE ACT OF JULY 27, 1950. YOUR QUESTION IS ANSWERED ACCORDINGLY.