B-160096, JUL 2, 1971, 51 COMP GEN 3

B-160096, JUL 2, 1971, 51 COMP GEN 3

MILITARY PERSONNEL - TRAINING - CIVILIAN SCHOOLS - STUDIES RELATED TO MILITARY SPECIALTY UNDER THE MARINE CORPS ASSOCIATE DEGREE COMPLETION PROGRAM (MADCOP), WHICH REQUIRES AN ENLISTED MAN TO REENLIST OR EXTEND HIS ENLISTMENT SO AS TO HAVE 6 YEARS OF ACTIVE DUTY REMAINING AT THE TIME OF ASSIGNMENT TO THE 2-YEAR JUNIOR COLLEGE PROGRAM FOR THE PURPOSE OF OBTAINING AN ASSOCIATE DEGREE, AND WHICH AUTHORIZES PAYMENT OF ALL TUITION COSTS AND FEES AND THE CONTINUATION OF A MEMBER'S PAY AND ALLOWANCES, INCLUDING PREVIOUSLY APPROVED PROFICIENCY PAY, A MEMBER SELECTED FOR MADCOP WHO WILL NOT USE HIS SPECIALTY WHILE ATTENDING JUNIOR COLLEGE MAY ONLY BE PAID A VARIABLE REENLISTMENT BONUS AND PROFICIENCY PAY IF THE MAJOR COURSE OF STUDY PURSUED IS REASONABLY RELATED TO HIS CRITICAL SKILL, SUCH AS A DISBURSING MAN STUDYING DATA PROCESSING AND WHO UPON COMPLETION OF THE STUDIES THAT ENHANCED HIS SKILLS WILL RESUME THE DUTIES HE HAD PERFORMED PRIOR TO ENTERING THE PROGRAM.

TO THE SECRETARY OF THE NAVY, JULY 2, 1971:

OUR DEFENSE DIVISION HAS RAISED CERTAIN QUESTIONS CONCERNING PAYMENT OF THE VARIABLE REENLISTMENT BONUS AND PROFICIENCY PAY TO ENLISTED MEMBERS OF THE MARINE CORPS WHO QUALIFY FOR THE MARINE CORPS ASSOCIATE DEGREE COMPLETION PROGRAM (MADCOP).

IT APPEARS FROM MARINE CORPS BULLETIN NO. 1560, DATED MARCH 23, 1970, THAT THE MADCOP IS A PROGRAM WHICH ENABLES SELECTED ENLISTED MEMBERS TO WORK TOWARD AN ASSOCIATE DEGREE IN A JUNIOR COLLEGE. THE BULLETIN STATES THAT THE INCREASING COMPLEXITY OF THE MARINE CORPS REQUIRE AN INCREASING NUMBER OF HIGHLY TRAINED ENLISTED MARINES, PARTICULARLY THOSE WITH QUALIFICATIONS IN MANY TECHNICAL AREAS. IT IS SAID THAT THE PROGRAM SHOULD PROVIDE OUTSTANDING MARINES, WHO WOULD OTHERWISE LEAVE THE MARINE CORPS IN SEARCH OF HIGHER EDUCATION, WITH A MEANS OF OBTAINING AN ASSOCIATE DEGREE WHILE REMAINING IN THE MARINE CORPS.

ALSO, IT IS SAID THAT THE SCOPE OF THE PROGRAM WILL PROVIDE ASSISTANCE IN PURSUIT OF AN ASSOCIATE DEGREE IN ANY BASIC ARTS OR SCIENCE CURRICULUM AND DOES NOT PRECLUDE A CHANGE IN THE MAJOR PURSUIT DURING THE FIRST SEMESTER. THE APPLICANT STATES ON HIS APPLICATION THE MAJOR SUBJECT WHICH HE WILL PURSUE IN HIS COURSE OF STUDY AND ANY CHANGE IN THE MAJOR COURSE DURING THE FIRST SEMESTER MUST BE APPROVED BY THE MARINE CORPS. THE DIRECTIVES DO NOT APPEAR TO REQUIRE, HOWEVER, THAT THE MAJOR SUBJECT AREA BE RELATED TO A CRITICAL SKILL FOR WHICH AN APPLICANT MAY HAVE BEEN AWARDED PROFICIENCY PAY.

IN ORDER TO BE ELIGIBLE FOR THE PROGRAM, A MEMBER MUST AGREE TO REENLIST OR EXTEND HIS ENLISTMENT SO AS TO HAVE 6 YEARS OF ACTIVE DUTY REMAINING IN THE REGULAR MARINE CORPS AT THE TIME OF ASSIGNMENT TO THE 2-YEAR PROGRAM. THE MARINE CORPS PAYS ALL COSTS FOR TUITION, BOOKS, LABORATORY FEES, AND OTHER ACADEMIC FEES OF THE PARTICIPATING MARINE. THE BULLETIN FURTHER STATES THAT THE MEMBER CONTINUES TO DRAW NORMAL PAY AND ALLOWANCES, INCLUDING PROFICIENCY PAY IF PREVIOUSLY AUTHORIZED.

THE CASE OF SERGEANT ROBERT N. DIAB, 2192001, USMC, HAS BEEN CITED AS AN EXAMPLE OF THE PAYMENTS OF VARIABLE REENLISTMENT BONUS AND PROFICIENCY PAY THAT ARE MADE INCIDENT TO ENROLLMENT IN MADCOP. SERGEANT DIAB ENLISTED IN THE MARINE CORPS ON MAY 8, 1967. ON NOVEMBER 13, 1969, HE SUBMITTED AN APPLICATION FOR ASSIGNMENT TO MADCOP, STATING THAT HE WOULD PURSUE A COURSE OF STUDY IN DATA PROCESSING. HIS APPLICATION INCLUDED AN AGREEMENT TO REENLIST OR TO EXTEND HIS CURRENT ENLISTMENT SO THAT HE WOULD HAVE AN OBLIGATION OF AT LEAST 6 YEARS OF ACTIVE SERVICE REMAINING AT THE BEGINNING OF HIS ASSIGNMENT TO THE EDUCATIONAL PROGRAM. SERGEANT DIAB'S APPLICATION WAS APPROVED AND ON JANUARY 2, 1970, HE REENLISTED FOR 6 YEARS. HE WAS ENROLLED AT PENSACOLA JUNIOR COLLEGE IN PENSACOLA, FLORIDA, IN A COURSE OF STUDIES IN THE FIELD OF DATA PROCESSING AS INDICATED IN HIS APPLICATION.

AT THE TIME OF HIS REENLISTMENT, IN ADDITION TO THE REGULAR REENLISTMENT BONUS, SERGEANT DIAB RECEIVED A VARIABLE REENLISTMENT BONUS OF $7,531.20 UNDER THE PROVISIONS OF 37 U.S.C. 308(G) FOR HIS CRITICAL MILITARY SKILL OF DISBURSING MAN (MOS 3421).

THE VALIDITY OF THIS PAYMENT WAS QUESTIONED BECAUSE AFTER HIS ASSIGNMENT TO MADCOP AND WHILE ATTENDING PENSACOLA JUNIOR COLLEGE, SERGEANT DIAB DID NOT ACTUALLY UTILIZE HIS CRITICAL MILITARY SKILL OF DISBURSING MAN AND HIS REENLISTMENT WAS NOT FOR THE PURPOSE OF PERFORMING IN THE SKILL FOR WHICH THE BONUS WAS PAID. CF. 47 COMP. GEN. 414 (1968) RELATING TO NAVY MEMBERS WHO ARE ENROLLED IN THE NAVY ENLISTED SCIENTIFIC EDUCATION PROGRAM (NESEP). FURTHERMORE, NEITHER THE REGULATIONS DESCRIBING THE MADCOP NOR ASSIGNMENTS TO INDIVIDUALS SELECTED FOR THE PROGRAM INDICATE ANY CONNECTION BETWEEN SELECTION OF A PARTICULAR INDIVIDUAL FOR THE PROGRAM AND HIS POSSESSION OF A CRITICAL MILITARY SKILL. NOR IS AN INDIVIDUAL POSSESSING A CRITICAL MILITARY SKILL REQUIRED TO BE ENROLLED IN A COURSE OF STUDY DIRECTLY RELATING TO HIS CRITICAL MILITARY SKILL.

IN THE LETTER OF JANUARY 18, 1971, HOWEVER, FROM THE COMMANDANT OF THE MARINE CORPS TO THE COMMANDING OFFICER, MARINE CORPS FINANCE CENTER, KANSAS CITY, MISSOURI, THE ASSOCIATE DEGREE PROGRAM IS EXPLAINED, IN PART, AS FOLLOWS:

2. THE MADCOP IS A PROGRAM DESIGNED TO EQUIP ENLISTED MARINES TO MEET THE INCREASINGLY COMPLEX REQUIREMENTS AND DEMANDS OF A MODERN ARMED FORCE, PARTICULARLY IN TECHNICAL AREAS. IT IS NOT IN ANY SENSE INTENDED TO BE A PROGRAM LEADING TO A COMMISSION; A PARTICIPANT CONTINUES IN AN ENLISTED STATUS BOTH DURING AND AFTER SUCCESSFUL COMPLETION OF TRAINING. NOR IS THE MADCOP DESIGNED TO BE A RETRAINING PROGRAM; IT IS NOT EXPECTED THAT THE MARINE'S MILITARY OCCUPATIONAL SPECIALTY (MOS) WILL BE CHANGED AS A RESULT OF HIS ADDITIONAL SCHOOLING. IN OTHER WORDS, THE PROGRAM CONTEMPLATES THAT UPON COMPLETION OF TRAINING THE MARINE WILL RESUME HIS REGULAR DUTY IN THE SAME MILITARY SKILL IN WHICH HE PERFORMED PRIOR TO ASSIGNMENT. THIS DOES NOT MEAN TO IMPLY, OF COURSE, THAT A MARINE WHO COMPLETES THE MADCOP WILL NOT LATER BE COMMISSIONED IF HE QUALIFIES UNDER SOME OTHER PROGRAM NOR THAT HIS MOS WILL NOT BE CHANGED IF THE NEEDS OF THE SERVICE SO DICTATE.

3. THIS HEADQUARTERS HOLDS THE VIEW THAT THE OBJECTIVE OF THE MADCOP READILY DISTINGUISHES IT FROM THE NAVY ENLISTED SCIENTIFIC EDUCATION PROGRAM (NESEP) AND "SIMILAR" PROGRAMS. THE NESEP IS INTENDED TO ULTIMATELY LEAD TO A COMMISSION. IT DOES NOT ENVISION THAT A MEMBER WHO SUCCESSFULLY COMPLETES TRAINING WILL AGAIN PERFORM IN HIS ENLISTED MILITARY SKILL. IN VIEW OF THE MARKED DIFFERENCES BETWEEN THE NESEP AND THE MADCOP, AND SINCE REFERENCES (B) AND (C) TREAT EXCLUSIVELY WITH THE NESEP AND "SIMILAR" PROGRAMS LEADING TO A COMMISSION, WE ARE OF THE OPINION THAT THOSE REFERENCES HAVE NO APPLICATION TO THE MADCOP.

4. TURNING TO THE SPECIFIC CASE OF SERGEANT DIAB, IT IS NOTED THAT HE RECEIVED A VRB FOR THE CRITICAL MILITARY SKILL OF DISBURSING MAN (MOS 3421). HIS RECORDS INDICATE THAT HE IS MAJORING IN DATA PROCESSING WHILE ATTENDING PENSACOLA JUNIOR COLLEGE UNDER THE MADCOP. WITH THE EXPANDING AUTOMATION OF MARINE CORPS PAY AND PERSONNEL SYSTEMS, AND ESPECIALLY WITH THE IMPENDING IMPLEMENTATION OF THE FULLY AUTOMATED JOINT UNIFORM MILITARY PAY SYSTEM BY THE MARINE CORPS, IT APPEARS THAT SERGEANT DIAB'S TRAINING IN DATA PROCESSING WILL GREATLY ENLARGE HIS OVERALL SKILL AS A DISBURSING MAN AND WILL PROVE TO BE OF IMMEASURABLE VALUE TO THE MARINE CORPS FOR THE BALANCE OF HIS SIX YEAR REENLISTMENT. WE THEREFORE CONSIDER THAT HE IS "QUALIFIED AND SERVING IN HIS CRITICAL MILITARY SKILL" WHILE UNDERGOING TRAINING TO ENHANCE HIS PROFICIENCY IN THAT SKILL.

5. IN LIGHT OF THE FOREGOING, IT IS THE OPINION OF THE COMMANDANT OF THE MARINE CORPS THAT SERGEANT DIAB PROPERLY PAID A VRB INCIDENT TO HIS REENLISTMENT OF 2 JANUARY 1970.

AS STATED ABOVE, THE PERTINENT DIRECTIVES DO NOT APPEAR TO CONTAIN ANY REQUIREMENT THAT A MEMBER POSSESSING A CRITICAL SKILL FOR WHICH HE HAS BEEN AWARDED PROFICIENCY PAY, AND WHO IS SELECTED FOR THE PROGRAM, SHALL PURSUE A COURSE OF STUDY IN WHICH THE MAJOR SUBJECT AREA WILL HAVE ANY RELATIONSHIP TO HIS CRITICAL SKILL.

THE PAYMENT OF THE VARIABLE REENLISTMENT BONUS UNDER 37 U.S.C. 308(G) TO A MEMBER WHO HAS BEEN DESIGNATED AS HAVING A CRITICAL MILITARY SKILL, UPON HIS FIRST REENLISTMENT, IS AUTHORIZED AS AN INDUCEMENT TO REENLIST FOR THE PURPOSE OF RETAINING THE USE OF HIS SERVICE IN SUCH CAPACITY. 47 COMP. GEN. 414 (1968).

MARINE CORPS ORDER NO. 7220.12F, MARCH 13, 1970, PROVIDES THAT CONTINUATION OF PROFICIENCY PAY (SPECIALTY) IS CONTINGENT UPON CONTINUED QUALIFICATION AND SATISFACTORY PERFORMANCE IN THE SKILL FOR WHICH THE AWARD WAS MADE. SUCH PAY IS TO BE TERMINATED (PARAGRAPH 5B(2)(C)) IF THE MEMBER IS ASSIGNED TO ANY DUTY NOT REQUIRING THE SPECIALTY ON WHICH THE PAY IS BASED, THE EFFECTIVE DATE OF TERMINATION TO BE THE DAY PRIOR TO REPORTING TO THE NEW ASSIGNMENT.

THIS PROVISION, THE PARAGRAPH STATES, IS NOT APPLICABLE TO ADDITIONAL DUTY ASSIGNMENTS NOT MATERIALLY INTERFERING WITH PERFORMANCE OF THE MEMBER'S PRIMARY DUTIES; TO TEMPORARY OR SPECIAL DUTY NOT EXCEEDING 90 DAYS; AND TO DUTY UNDER INSTRUCTION IN A SERVICE SCHOOL PERTAINING TO HIS SPECIALTY AND WHERE THE TRAINEE WILL BE REASSIGNED TO THAT SPECIALTY UPON COMPLETION OF THE TRAINING.

IT SEEMS CLEAR THAT A MEMBER POSSESSING A CRITICAL SKILL, SUCH AS SERGEANT DIAB WHO HOLDS THE MOS OF DISBURSING MAN AND WHO IS REENLISTED FOR MADCOP SCHOOLING, WILL NOT BE UTILIZING HIS SPECIALTY WHILE ATTENDING A JUNIOR COLLEGE TO OBTAIN AN ASSOCIATE DEGREE. IN VIEW OF THE REPRESENTATIONS MADE BY THE COMMANDANT OF THE MARINE CORPS, HOWEVER, THAT THE SCHOOLING WILL ENHANCE HIS SKILL AND THAT, AS IN THE CASE OF TRAINEES ASSIGNED TO DUTY UNDER INSTRUCTION IN A SERVICE SCHOOL PERTAINING TO HIS SPECIALTY, UPON COMPLETION OF THE SCHOOLING IT IS CONTEMPLATED THAT THE MARINE WILL RESUME HIS REGULAR DUTY IN THE SAME SKILL IN WHICH HE PERFORMED PRIOR TO HIS ASSIGNMENT, WE WILL NOT QUESTION PAYMENTS, OTHERWISE CORRECT, OF VARIABLE REENLISTMENT BONUS AND PROFICIENCY PAY TO A MEMBER ACCEPTED FOR SCHOOLING UNDER MADCOP, PROVIDED THE STUDENT'S MAJOR COURSE OF STUDY IS REASONABLY RELATED TO HIS CRITICAL SKILL.

IF, HOWEVER, A MARINE IS ACCEPTED FOR MADCOP AND HIS MAJOR COURSE OF STUDY IS NOT REASONABLY RELATED TO HIS CRITICAL SKILL, WE ARE OF THE OPINION THAT THERE WOULD BE NO BASIS TO VIEW HIS REENLISTMENT AS FOR THE PURPOSE OF RETAINING HIS SERVICE IN HIS CRITICAL SKILL AND VARIABLE REENLISTMENT BONUS IS NOT AUTHORIZED IN SUCH CIRCUMSTANCES. AND, NEITHER WOULD THE PAYMENT OF PROFICIENCY PAY BE AUTHORIZED DURING THE PERIOD OF SUCH SCHOOLING SINCE HE WOULD NOT BE UTILIZING HIS SPECIALTY NOR PURSUING A COURSE OF STUDY REASONABLY RELATED TO IT.

WHILE WE WILL NOT QUESTION PAYMENTS OF VARIABLE REENLISTMENT BONUS AND PROFICIENCY PAY, OTHERWISE CORRECT, THAT HAVE ALREADY BEEN MADE UNDER MADCOP AND ANY OTHER SIMILAR PROGRAM, PAYMENTS OF THAT NATURE HEREAFTER MADE WHICH ARE NOT IN ACCORDANCE WITH THE VIEWS EXPRESSED ABOVE WILL BE SUBJECT TO OBJECTION IN THE AUDIT OF THE ACCOUNTS INVOLVED.