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COLLECTION OF ADDITIONAL AMOUNT FROM ENLISTED MEN DISCHARGED PRIOR THERETO IS NOT REQUIRED. 1954: REFERENCE IS MADE TO A LETTER DATED JUNE 22. IT IS STATED IN THE LETTER THAT SHORTLY AFTER THE ENACTMENT OF THE AMENDMENT OF OCTOBER 26. THE MILITARY DEPARTMENTS ADOPTED THE VIEW THAT SINCE THE REENLISTMENT BONUS WAS PAYABLE ON THE BASIS OF THE NUMBER OF YEARS FOR WHICH THE MEMBER ENLISTED. THE MEMBER WAS ENTITLED TO THE REENLISTMENT BONUS FOR AN ENTIRE YEAR ALTHOUGH HE MAY HAVE SERVED ONLY A PORTION OF A YEAR. THAT WHILE THE MILITARY DEPARTMENTS HAVE CHANGED THEIR REGULATIONS TO COMPLY WITH THE DECISION OF APRIL 23. DOUBT EXISTS AS TO WHETHER SUCH DECISION MUST BE VIEWED AS REQUIRING THE MILITARY DEPARTMENTS TO RECOUP ON THE BASIS INDICATED IN THE DECISION FROM ENLISTED MEMBERS WHO HAVE BEEN .

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B-118089, JULY 19, 1954, 34 COMP. GEN. 26

GRATUITIES - REENLISTMENT BONUS - FAILURE TO COMPLETE ENLISTMENT - REFUND REQUIREMENT DECISION OF THE COMPTROLLER GENERAL OF APRIL 23, 1954, 33 COMP. GEN. 513, WHICH HOLDS THAT UNDER THE LAST PROVISO OF SECTION 207 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, REENLISTMENT BONUS SHOULD BE RECOUPED FROM MEMBERS OF THE ARMED FORCES FOR THE UNEXPIRED PART OF THEIR ENLISTMENT RATHER THAN PERMITTING THE MEMBER TO RETAIN ONE YEAR'S REENLISTMENT BONUS FOR EACH YEAR OR FRACTION OF A YEAR SERVED, MAY BE CONSIDERED FOR APPLICATION ON AND AFTER APRIL 23, 1954, AND COLLECTION OF ADDITIONAL AMOUNT FROM ENLISTED MEN DISCHARGED PRIOR THERETO IS NOT REQUIRED.

ACTING COMPTROLLER GENERAL WEITZEL TO THE SECRETARY OF DEFENSE, JULY 19, 1954:

REFERENCE IS MADE TO A LETTER DATED JUNE 22, 1954, WITH ENCLOSURES, FROM THE ACTING ASSISTANT SECRETARY OF DEFENSE ( COMPTROLLER) RELATING TO DECISION BY THIS OFFICE OF APRIL 23, 1954, 33 COMP. GEN. 513, HOLDING THAT UNDER THE LAST PROVISO OF SECTION 207 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED BY THE ACT OF OCTOBER 26, 1951, 65 STAT. 653, REENLISTMENT BONUS SHOULD BE RECOUPED FROM MEMBERS OF THE ARMED FORCES FOR THE UNEXPIRED PART OF THEIR ENLISTMENT RATHER THAN PERMITTING THE MEMBER TO RETAIN ONE YEAR'S REENLISTMENT BONUS FOR EACH YEAR OR FRACTION OF A YEAR SERVED.

IT IS STATED IN THE LETTER THAT SHORTLY AFTER THE ENACTMENT OF THE AMENDMENT OF OCTOBER 26, 1951, THE MILITARY DEPARTMENTS ADOPTED THE VIEW THAT SINCE THE REENLISTMENT BONUS WAS PAYABLE ON THE BASIS OF THE NUMBER OF YEARS FOR WHICH THE MEMBER ENLISTED, THE MEMBER WAS ENTITLED TO THE REENLISTMENT BONUS FOR AN ENTIRE YEAR ALTHOUGH HE MAY HAVE SERVED ONLY A PORTION OF A YEAR; THAT WHILE THE MILITARY DEPARTMENTS HAVE CHANGED THEIR REGULATIONS TO COMPLY WITH THE DECISION OF APRIL 23, 1954, DOUBT EXISTS AS TO WHETHER SUCH DECISION MUST BE VIEWED AS REQUIRING THE MILITARY DEPARTMENTS TO RECOUP ON THE BASIS INDICATED IN THE DECISION FROM ENLISTED MEMBERS WHO HAVE BEEN ,PAID" IN ACCORDANCE WITH REGULATIONS IN EFFECT PRIOR TO SUCH DECISION. IT IS INDICATED IN THE LETTER THAT SUCH ENLISTED MEN HAD BEEN REQUIRED TO MAKE REFUNDS IN ACCORDANCE WITH REGULATIONS IN EFFECT WHEN THEY WERE DISCHARGED; THAT THE AMOUNTS WHICH WOULD BE REQUIRED TO BE REFUNDED BY THEM UNDER THE DECISION ARE COMPARATIVELY SMALL; AND THAT THE ENLISTED MEMBERS CONCERNED, MOST OF WHOM ACCEPTED IN GOOD FAITH THE METHOD OF COMPUTING THE AMOUNT TO BE REFUNDED, ARE NO LONGER IN THE ARMED SERVICE. SINCE THE REENLISTMENT BONUS IS PAID AT THE TIME OF REENLISTMENT, IT IS ASSUMED THAT THE ENLISTED MEN INVOLVED ARE THOSE MEN WHO, PRIOR TO THE DECISION OF APRIL 23, 1954, WERE DISCHARGED BEFORE THE EXPIRATION OF THE PERIOD FOR WHICH THEY ENLISTED AND WHO MADE REFUND, WHERE REQUIRED, OF REENLISTMENT BONUS ON THE BASIS OF THE REGULATIONS IN EFFECT AT THE TIME OF DISCHARGE.

UNDER THE CIRCUMSTANCES DISCLOSED, IT APPEARS THAT THE INTERESTS OF THE UNITED STATES DO NOT REQUIRE THE ATTEMPTED COLLECTION OF THE ADDITIONAL AMOUNTS FROM SUCH FORMER ENLISTED MEN AND THE DECISION OF APRIL 23, 1954, MAY BE CONSIDERED TO BE FOR APPLICATION--- WHEN OTHERWISE APPLICABLE--- ONLY IN THE CASE OF ENLISTED MEN DISCHARGED ON AND AFTER APRIL 23, 1954.

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