B-122116, JANUARY 4, 1955, 34 COMP. GEN. 323

B-122116, JANUARY 4, 1955, 34 COMP. GEN. 323

ENLISTMENT ALLOWANCE AND REENLISTMENT BONUS - CAREER COMPENSATION ACT OF 1949 AS AMENDED BY ACT OF JULY 16, 1954 A MEMBER OF THE NAVY WHO, AT THE EXPIRATION OF A ONE-YEAR EXTENSION OF A MINORITY ENLISTMENT, WAS FOUND TO BE PHYSICALLY UNFIT FOR REEXTENSION FOR A TWO-YEAR PERIOD PREVIOUSLY AGREED TO AND WHO WAS TRANSFERRED TO A NAVAL HOSPITAL AND RETURNED PHYSICALLY QUALIFIED FOR DUTY WITHOUT ACTION HAVING BEEN TAKEN TO CANCEL SUCH EXTENSION AGREEMENT OR TO ISSUE A DISCHARGE IS REGARDED AS HAVING EXTENDED ENLISTMENT WITHIN THE PURVIEW OF ACT OF AUGUST 22, 1912, AND IS ENTITLED TO REENLISTMENT BONUS AUTHORIZED BY THE CAREER COMPENSATION ACT OF 1949, AS AMENDED BY THE ACT OF JULY 16, 1954, COMPUTED ON THE BASIS THAT HIS MINORITY ENLISTMENT HAD BEEN EXTENDED FOR THREE YEARS.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO LIEUTENANT COMMANDER D. M. CARR, DEPARTMENT OF THE NAVY, JANUARY 4, 1955:

BY LETTER DATED NOVEMBER 16, 1954, THE JUDGE ADVOCATE GENERAL OF THE NAVY FORWARDED TO THIS OFFICE YOUR LETTER OF OCTOBER 18, 1954, REQUESTING ADVANCE DECISION AS TO THE LEGALITY OF CREDITING RONALD WEINSHEIMER, 571 61 18, TE1, WITH A REENLISTMENT BONUS AUTHORIZED BY PUBLIC LAW 506, 83D CONGRESS, APPROVED JULY 16, 1954, 68 STAT. 488, BASED ON COMBINED EXTENSIONS OF ENLISTMENT TOTALING THREE YEARS, UNDER THE CIRCUMSTANCES DISCLOSED IN YOUR LETTER.

YOU STATE THAT THE MEMBER ENLISTED IN THE UNITED STATES NAVY ON MAY 12, 1950, FOR A MINORITY ENLISTMENT TO EXPIRE ON AUGUST 8, 1953; THAT HE EXTENDED SUCH ENLISTMENT FOR ONE YEAR ON AUGUST 8, 1953; THAT HE ENTERED INTO AN AGREEMENT TO REEXTEND HIS ENLISTMENT ON MARCH 18, 1954; THAT HE REPORTED FOR DUTY AT THE FIELD BRANCH, BUREAU OF SUPPLIES AND ACCOUNTS, ON MAY 27, 1954; AND THAT ON EXPIRATION OF THE FIRST EXTENSION OF ENLISTMENT HE WAS FOUND NOT PHYSICALLY QUALIFIED FOR REEXTENSION OF ENLISTMENT AND WAS TRANSFERRED TO THE U.S. NAVAL HOSPITAL, PHILADELPHIA, PENNSYLVANIA, FOR TREATMENT. ALSO, IT IS STATED THAT HE RETURNED TO DUTY ON SEPTEMBER 17, 1954, AS PHYSICALLY QUALIFIED; THAT HE EXTENDED HIS ENLISTMENT FOR TWO YEARS ON SEPTEMBER 21, 1954, TO EXPIRE ON SEPTEMBER 20, 1956; AND THAT HE WAS PAID A REENLISTMENT BONUS FOR THE TWO YEARS' EXTENSION ON SEPTEMBER 21, 1954.

PRIOR TO THE ENACTMENT OF THE SAID PUBLIC LAW 506, THE ONLY BONUS AUTHORIZED UPON REENLISTMENT WAS THAT AUTHORIZED IN SECTION 207 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 65 STAT. 653, 37 U.S.C. 238. THAT SECTION PROVIDED FOR THE PAYMENT TO MEMBERS OF THE UNIFORMED SERVICES OF A LUMP-SUM REENLISTMENT BONUS OF $40, $90, $160, $250, OR $360, UPON ENLISTMENT WITHIN THREE MONTHS FROM THE DATE OF THEIR DISCHARGE OR SEPARATION FOR PERIODS OF 2, 3, 4, 5, OR 6 YEARS, RESPECTIVELY. SECTION 1 OF THE 1954 ACT AMENDED SECTION 207 BY INSERTING A NEW SUBSECTION (E) MAKING SECTION 207 INAPPLICABLE TO ANY MEMBER OF THE UNIFORMED SERVICE IN ACTIVE FEDERAL SERVICE ON THE DATE OF ENACTMENT OF THE AMENDATORY ACT, 68 STAT. 488, ( JULY 16, 1954) WHO ELECTS TO BE COVERED BY SECTION 208 OF THE 1949 ACT, AS ADDED BY THE 1954 ACT, 68 STAT. 488, AND WHO IS OTHERWISE ELIGIBLE FOR THE BENEFITS OF THAT SECTION. SECTION 208 OF THE 1949 ACT, AS AMENDED, AUTHORIZES A REENLISTMENT BONUS BASED ON THE MONTHLY PAY OF A MEMBER MULTIPLIED BY THE NUMBER OF YEARS SPECIFIED IN THE REENLISTMENT CONTRACT.

WHILE YOUR SUBMISSION DOES NOT SO INDICATE, IT IS ASSUMED THAT THE ENLISTED MEMBER WAS PERMITTED TO EXTEND HIS MINORITY ENLISTMENT UNDER THE ACT OF AUGUST 22, 1912, 37 STAT. 331, AS AMENDED, 34 U.S.C. 184, WHICH PROVIDES THAT 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 1, 2, 3, OR 4 FULL YEARS FROM THE DATE OF EXPIRATION OF THE THEN EXISTING TERM OF ENLISTMENT, AND THAT SUCH ENLISTED MEN 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. IT HAS BEEN HELD THAT SUCH AN EXTENSION IS AN ENLISTMENT WITHIN THE PURVIEW OF THE PROVISION IN SECTION 207 (A) OF THE 1949 ACT, AS AMENDED (SEE ANSWER TO FIRST QUESTION IN DECISION OF SEPTEMBER 19, 1950, 30 COMP. GEN. 109, 111), AND THAT WHERE A MEMBER VOLUNTARILY EXTENDS HIS ENLISTMENT FOR ONE YEAR AND PRIOR TO THE EXPIRATION OF SUCH EXTENSION ENTERED INTO A SECOND AGREEMENT TO EXTEND HIS ENLISTMENT MAKING THE EXTENSIONS AGGREGATE TWO OR MORE YEARS, SUCH EXTENSIONS CONSTITUTE ONE REENLISTMENT FOR A LIKE PERIOD FOR THE PURPOSE OF ENTITLEMENT TO THE APPLICABLE LUMP-SUM BONUS PROVIDED IN SUBSECTION (A) OF SECTION 207 (SEE THE ANSWER TO THE THIRD QUESTION IN DECISION OF DECEMBER 22, 1952, 32 COMP. GEN. 290, 293). IT IS WELL ESTABLISHED, HOWEVER, THAT AN AGREEMENT BY AN ENLISTED MAN OF THE NAVY TO EXTEND AN ENLISTMENT WHICH HAS ALREADY EXPIRED DOES NOT EFFECT A VALID EXTENSION UNDER THE 1912 ACT. SEE 19 COMP. DEC. 819; 2 COMP. GEN. 526. ON THE BASIS OF YOUR SUBMISSION, IT WOULD APPEAR THAT THE ENLISTED MEMBER'S AGREEMENT OF SEPTEMBER 21, 1954, TO EXTEND HIS ENLISTMENT FOR TWO YEARS WAS EXECUTED AFTER THE DATE OF EXPIRATION OF THE FIRST EXTENSION OF HIS ENLISTMENT ( AUGUST 7, 1954) AND, THEREFORE, WAS NOT A VALID EXTENSION OF HIS ENLISTMENT, NOTWITHSTANDING THE FACT THAT HE WAS RETAINED IN THE SERVICE BEYOND THE DATE OF EXPIRATION OF THE FIRST EXTENSION OF HIS ENLISTMENT FOR MEDICAL CARE AS PROVIDED BY PARAGRAPH C-10304 (3) (E), BUREAU OF NAVAL PERSONNEL MANUAL, REFERRED TO IN YOUR LETTER.

THE REGULATIONS WITH RESPECT TO EXTENSIONS OF ENLISTMENTS (PARAGRAPH C- 1406 (7), BUREAU OF NAVAL PERSONNEL MANUAL), PROVIDE THAT AN AGREEMENT TO EXTEND AN ENLISTMENT BECOMES EFFECTIVE THE DATE FOLLOWING THAT OF EXPIRATION OF ENLISTMENT UNLESS CANCELED PRIOR TO THE EFFECTIVE DATE OF THE EXTENSION. PARAGRAPH 1406 (10) (E) OF THE REGULATIONS PROVIDES THAT COMMANDING OFFICERS SHALL CANCEL AGREEMENTS TO EXTEND ENLISTMENT, PRIOR TO EFFECTIVE DATES, WHEN AN INDIVIDUAL, UPON BEING PHYSICALLY EXAMINED FOR THE EXTENSION AGREEMENT WAS NOT CANCELED PRIOR TO ITS EFFECTIVE DATE, IS NOT ENTITLED TO REENLISTMENT ALLOWANCE (BONUS) BY REASON OF THE EXTENSION UNLESS AND UNTIL HE IS RETURNED TO DUTY.

INFORMAL INFORMATION RECEIVED FROM THE BUREAU OF NAVAL PERSONNEL INDICATES THAT ON MARCH 18, 1954, THE ENLISTED MEMBER HERE INVOLVED EXECUTED AN AGREEMENT TO EXTEND HIS ORIGINAL ENLISTMENT FOR A PERIOD OF TWO YEARS; THAT HE WAS PHYSICALLY EXAMINED ON AUGUST 11, 1954; THAT HE WAS SENT TO THE HOSPITAL ON SEPTEMBER 7, 1954, FOR TREATMENT; THAT HE WAS RETURNED TO DUTY ON SEPTEMBER 17, 1954; THAT HIS EXTENSION AGREEMENT OF MARCH 18, 1954, NEVER WAS CANCELED; THAT HE WAS NOT ISSUED A DISCHARGE ON THE EXPIRATION OF THE FIRST EXTENSION OF HIS ENLISTMENT, AND THAT THE RECORDS OF THE BUREAU OF NAVAL PERSONNEL SHOW THAT HIS ORIGINAL ENLISTMENT WAS EXTENDED FOR TWO YEARS FROM AUGUST 9, 1954. ON THE BASIS OF SUCH INFORMATION IT MUST BE CONCLUDED THAT THE ENLISTED MEMBER'S AGREEMENT OF MARCH 18, 1954, TO EXTEND HIS ENLISTMENT FOR TWO YEARS BECAME EFFECTIVE ON AUGUST 9, 1954, AND THAT HE IS ENTITLED TO A REENLISTMENT BONUS COMPUTED ON THE BASIS THAT HIS MINORITY ENLISTMENT HAD BEEN EXTENDED FOR A PERIOD OF THREE YEARS. ACCORDINGLY, YOU ARE AUTHORIZED TO CREDIT HIM WITH THE DIFFERENCE BETWEEN THE AMOUNT OF REENLISTMENT BONUS AUTHORIZED BY SECTION 208 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, TO BE PAID FOR A FIRST REENLISTMENT FOR THREE YEARS AND THE AMOUNT OF THE BONUS PREVIOUSLY PAID TO HIM.