B-141775, APRIL 18, 1960, 39 COMP. GEN. 711

B-141775, APRIL 18, 1960, 39 COMP. GEN. 711

MILITARY PERSONNEL - GRATUITIES - REENLISTMENT BONUS - ONE-YEAR ENLISTMENT EXTENSIONS ALTHOUGH TWO ONE-YEAR ENLISTMENT EXTENSIONS BY NAVY MEMBERS COULD NOT BE COMBINED TO BE CONSIDERED A VOLUNTARY EXTENSION OF AN ENLISTMENT FOR TWO OR MORE YEARS FOR PURPOSES OF THE REENLISTMENT BONUS AUTHORIZED UNDER SECTION 208 (E) (2) OF THE CAREER COMPENSATION ACT OF 1949, IN VIEW OF THE PRECISE DEFINITION OF "REENLISTMENT," THE SUBSTANTIVE CHANGE FROM THE ACT OF AUGUST 22, 1912, WHEN 10 U.S.C. 5539 (B) WAS ENACTED INTO LAW TO PERMIT ALL EXTENSIONS OF AN ENLISTMENT TO BE CONSIDERED ONE CONTINUOUS EXTENSION, REQUIRES THE CONCLUSION THAT TWO ONE-YEAR EXTENSIONS OF A MEMBER'S ENLISTMENT CONSTITUTE A REENLISTMENT FOR A REENLISTMENT BONUS UNDER SECTION 208 OF THE CAREER COMPENSATION ACT OF 1949.

TO J. T. PYRON, DEPARTMENT OF THE NAVY, APRIL 18, 1960:

BY SECOND ENDORSEMENT DATED JANUARY 20, 1960 (NCAS202), THE COMPTROLLER OF THE NAVY FORWARDED YOUR LETTER OF DECEMBER 14, 1959, WITH ENCLOSURES, IN WHICH YOU REQUEST AN ADVANCE DECISION AS TO THE PROPRIETY OF CREDITING THE PAY ACCOUNT OF SALVADOR ALEGUAS, JR., 424 100 33, AT2, USN, WITH A REENLISTMENT BONUS IN THE AMOUNT OF $40. YOUR REQUEST FOR DECISION HAS BEEN ASSIGNED DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE SUBMISSION NO. DO-N-4737.

IT APPEARS FROM ENCLOSURE (3) SUBMITTED WITH YOUR LETTER THAT THE MEMBER ENLISTED IN THE REGULAR NAVY FOR FOUR YEARS ON JULY 12, 1954; THAT HE VOLUNTARILY EXTENDED HIS ENLISTMENT FOR A ONE-YEAR PERIOD ON JULY 11, 1958; AND THAT ON JULY 11, 1959, HE AGAIN VOLUNTARILY EXTENDED HIS ENLISTMENT FOR A ONE-YEAR PERIOD. PHOTOSTATIC COPY OF NAV FORM 546 (ENCLOSURE (3) ( PROVIDES FOR ADJUSTING THE ENLISTED MAN'S PAY ACCOUNT, INCIDENT TO THE EXTENSION OF JULY 11, 1959, BY CREDITING HIM WITH REENLISTMENT BONUS IN THE AMOUNT OF $40 UNDER SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 238. YOU REQUEST A DECISION AS TO WHETHER THE MEMBER IS ENTITLED TO ELECT TO RECEIVE REENLISTMENT BONUS UNDER SECTION 208 OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 239, AS ADDED BY THE ACT OF JULY 16, 1954, 68 STAT. 489, 37 U.S.C. 239 (E) (2), IN WHICH EVENT YOU SAY HE WOULD NOT BE ENTITLED TO ANY REENLISTMENT BONUS INCIDENT TO THE EXTENSION OF JULY 11, 1959, SINCE UNDER THE PROVISIONS OF PARAGRAPH 1044075, NAVY COMPTROLLER MANUAL, TWO ONE-YEAR EXTENSIONS DO NOT CONSTITUTE A "REENLISTMENT" UNDER SECTION 208, BUT WOULD BE ENTITLED TO A REENLISTMENT BONUS AS FOR HIS FIRST REENLISTMENT UPON HIS SUBSEQUENT DISCHARGE AND REENLISTMENT, OR WHETHER HE MUST ACCEPT THE $40 BONUS UNDER SECTION 207. IN THE LATTER EVENT, UPON HIS NEXT REENLISTMENT THE BONUS WOULD BE COMPUTED ON THE BASIS OF A SECOND REENLISTMENT.

THE COMPTROLLER OF THE NAVY HAS POINTED OUT THAT WE HELD IN 32 COMP. GEN. 290 THAT TWO SUCCEEDING ONE-YEAR EXTENSIONS OF AN ENLISTMENT IN THE NAVY OR MARINE CORPS SHOULD BE VIEWED AS A REENLISTMENT FOR THE AGGREGATE PERIOD OF THE EXTENSIONS FOR THE PURPOSE OF REENLISTMENT BONUS UNDER SECTION 207, THE DECISION BEING BASED, IN PART, ON THE ACT OF AUGUST 22, 1912, AS AMENDED, 34 U.S.C. 184 (1952 ED.), WHICH PROVIDED THAT ENLISTED MEN OF THE NAVY AND MARINE CORPS WHO EXTENDED THE TERM OF THEIR ENLISTMENT AS THERE AUTHORIZED SHOULD RECEIVE THE SAME PAY AND ALLOWANCES AS THOUGH REGULARLY DISCHARGED AND IMMEDIATELY REENLISTED. ALSO, IT WAS POINTED OUT THAT IN 34 COMP. GEN. 615, WE SAID THAT SINCE SECTION 207 DID NOT CONTAIN SPECIFIC LANGUAGE DEFINING A REENLISTMENT, IT WAS PROPER TO CONSIDER THE PROVISIONS OF THE 1912 ACT, FOR NAVY AND MARINE CORPS PERSONNEL IN CONNECTION WITH THAT SECTION. HOWEVER, SINCE THE WORD "REENLISTMENT" WAS EXPRESSLY DEFINED IN SECTION 208 (E) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 239 (E) AS INCLUDING ,A VOLUNTARY EXTENSION OF AN ENLISTMENT FOR TWO OR MORE YEARS," IT WAS FURTHER STATED IN THAT DECISION THAT UNLESS A SINGLE EXTENSION WAS FOR TWO OR MORE YEARS IT SHOULD NOT BE REGARDED AS A REENLISTMENT UNDER SECTION 208. FINALLY, THE COMPTROLLER OF THE NAVY DIRECTED ATTENTION TO THE CODIFICATION OF THE ACT OF AUGUST 22, 1912, BY THE ACT OF AUGUST 10, 1956, 70A STAT. 320, AS 10 U.S.C. 5539, SUBSECTION (B) OF WHICH READS AS FOLLOWS:

A MEMBER WHO EXTENDS HIS ENLISTMENT UNDER THIS SECTION IS ENTITLED TO THE SAME PAY AND ALLOWANCES AS THOUGH HE HAD REENLISTED. FOR THE PURPOSE OF DETERMINING ENTITLEMENT TO REENLISTMENT BONUS AND TO TRAVEL AND TRANSPORTATION ALLOWANCES UPON DISCHARGE, ALL SUCH EXTENSIONS OF AN ENLISTMENT ARE CONSIDERED ONE CONTINUOUS EXTENSION. ( ITALICS SUPPLIED.)

AS INDICATED ABOVE, OUR DECISION OF MAY 19, 1955, 34 COMP. GEN. 615, AND THE LATER DECISION OF JANUARY 17, 1956, 35 COMP. GEN. 403, HELD THAT AN EXTENSION OF AN ENLISTMENT FOR ONE YEAR COULD NOT BE COMBINED WITH ANOTHER EXTENSION OF THE ENLISTMENT SO AS TO BE CONSIDERED A "VOLUNTARY EXTENSION OF AN ENLISTMENT FOR TWO OR MORE YEARS" TO COME WITHIN THE DEFINITION OF A REENLISTMENT CONTAINED IN SECTION 208 (E) (2), 37 U.S.C. 239 (E) (2). THOSE DECISIONS ARE DEEMED TO HAVE BEEN PROPER IN VIEW OF THE PRECISE DEFINITION OF "REENLISTMENT" CONTAINED IN SECTION 208, AS IT IS NOT CONSIDERED THAT THE LANGUAGE OF THE 1912 ACT REQUIRED THE CONCLUSION THAT A ONE-YEAR EXTENSION AND A FURTHER EXTENSION CONSTITUTED A VOLUNTARY EXTENSION FOR "TWO OR MORE YEARS.'

THE ABOVE-QUOTED SUBSECTION 5539 (B) OF TITLE 10 OF THE U.S.C. NOW PROVIDES, HOWEVER, THAT FOR THE PURPOSE OF DETERMINING ENTITLEMENT TO REENLISTMENT BONUS, ALL EXTENSIONS OF AN ENLISTMENT UNDER THAT SECTION ARE CONSIDERED "ONE CONTINUOUS EXTENSION.' WHILE SECTION 49 OF THE ACT OF AUGUST 10, 1956, 70A STAT. 640, STATES THAT, IN REENACTING TITLE 10 OF THE U.S.C. IT WAS THE LEGISLATIVE PURPOSE TO RESTATE THE LAW WITHOUT SUBSTANTIVE CHANGE, IT NEVERTHELESS SEEMS APPARENT THAT SUBSECTION 5539 (B) REPRESENTS A SUBSTANTIVE CHANGE FROM THE PROVISIONS OF THE 1912 LAW. UNDER THE PRESENT PROVISION THAT "ALL SUCH EXTENSIONS OF AN ENLISTMENT ARE CONSIDERED ONE CONTINUOUS EXTENSION," IT SEEMS CLEAR THAT THE TWO ONE-YEAR EXTENSIONS OF THE MEMBER'S ENLISTMENT CONSTITUTED A REENLISTMENT WITHIN THE CONTEMPLATION OF SECTION 208.

ACCORDINGLY, IF ALEGUAS ELECTS TO RECEIVE REENLISTMENT BONUS UNDER SECTION 208, IT IS CONCLUDED THAT HE IS ENTITLED TO BE PAID A BONUS UNDER THAT SECTION, IF OTHERWISE PROPER, COMPUTED ON THE BASIS OF A REENLISTMENT FOR TWO YEARS ON THE EFFECTIVE DATE OF THE EXTENSION OF JULY 11, 1959.