B-66166, JULY 21, 1947, 27 COMP. GEN. 23

B-66166, JULY 21, 1947, 27 COMP. GEN. 23

FAMILY ALLOWANCE BENEFITS - DURATION OF ENTITLEMENT - NAVY ENLISTED MEN EXTENDING ENLISTMENTS THE FAMILY ALLOWANCE AUTHORIZED BY SECTION 9 (A) OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945 FOR ENLISTED MEN'S DEPENDENTS DURING THE PRESENT WAR AND SIX MONTHS THEREAFTER OR THE TERM OF ENLISTMENTS ENTERED INTO PRIOR TO JULY 1, 1946, WHICHEVER PERIOD IS LONGER, IS NOT PAYABLE IN THE CASE OF A NAVY ENLISTED MAN BEYOND THE ORIGINAL TERM OF SUCH AN ENLISTMENT, OR THE WARTIME PERIOD, BY REASON OF AN EXTENSION OF ENLISTMENT UNDER THE ACT OF AUGUST 22, 1912, AS AMENDED--- THE EXTENSION HAVING NO EFFECT TO BESTOW GREATER BENEFITS THAN IF THE MAN WERE DISCHARGED AND REENLISTED AT EXPIRATION OF ENLISTMENT. COMPARE 26 COMP. GEN. 83.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, JULY 21, 1947:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MAY 6, 1947, AS FOLLOWS:

NUMEROUS INQUIRIES ARE BEING RECEIVED BY THE BUREAU OF NAVAL PERSONNEL RELATIVE TO THE ENTITLEMENT BY ENLISTED PERSONNEL OF THE NAVY TO BENEFITS UNDER THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942 (56 STAT. 381), AS AMENDED. THESE QUESTIONS ARISE, MORE PARTICULARLY, UNDER THE AMENDMENT EFFECTED BY THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945, APPROVED OCTOBER 6, 1945 (59 STAT. 538).

I HAVE NOTED YOUR DECISION OF AUGUST 5, 1946, B-57734 (26 COMP. GEN. 83), PARTICULARLY AS IT MIGHT HAVE APPLICATION TO THE QUESTIONS HEREIN PRESENTED. THE NAVY, HOWEVER, AS INDICATED IN THAT DECISION, HAS THE BENEFIT OF LEGISLATION AUTHORIZING THE EXTENSION OF ENLISTMENTS. ( ACT APPROVED AUGUST 22, 1912 (37 STAT. 331), AS AMENDED.) IN ADDITION, NAVAL ENLISTMENTS MAY BE FOR A TERM OF UP TO SIX YEARS AS PROVIDED IN THE ACT APPROVED AUGUST 18, 1941 (55 STAT. 629). BECAUSE OF THESE FACTORS YOUR DECISION MENTIONED ABOVE, ON QUESTIONS RAISED BY THE WAR DEPARTMENT, IS SOMEWHAT LIMITED IN ITS APPLICATION TO THE NAVY. FOR THESE REASONS THE PRESENT INQUIRY IS MADE.

NOTWITHSTANDING PRESENT ENTITLEMENT FOR THE DURATION OF THE PRESENT WAR PLUS SIX MONTHS OR THE ENACTMENT OF LEGISLATION PROPOSED TO EXTEND THE FAMILY ALLOWANCE BENEFITS TO ALL PERSONNEL IN ACTIVE SERVICE TO 1 JULY 1949, A DECISION IS REQUESTED ON THE FOLLOWING QUESTION:

IS AN ENLISTED MAN IN THE ACTIVE NAVAL SERVICE ENTITLED TO THE BENEFITS OF SECTION 9 OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945 APPROVED 6 OCTOBER 1945 (59 STAT. 541), DURING THE COMBINED PERIOD OF HIS CURRENT ENLISTMENT AND ANY EXTENSION THEREOF IF,

(A) HIS ENLISTMENT CONTRACTED PRIOR TO 1 JULY 1946 IS EXTENDED AFTER 1 JULY 1946 FOR A PERIOD OF ONE, TWO, THREE OR FOUR YEARS AND THE TOTAL CONTRACT INCLUDING THE EXTENSION, DOES NOT EXCEED SIX YEARS;

(B) HIS ENLISTMENT CONTRACTED PRIOR TO 1 JULY 1946 IS EXTENDED AFTER 1 JULY 1946 FOR A PERIOD OF ONE, TWO, THREE OR FOUR YEARS AND THE TOTAL CONTRACT INCLUDING THE EXTENSION, DOES EXCEED SIX YEARS.

SECTION 9 (A) OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945, 59 STAT. 541, IS AS OLLOWS:

SECTION 101 OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, AS AMENDED, IS AMENDED TO READ AS FOLLOWS:

"SEC. 101. THE DEPENDENT OR DEPENDENTS OF ANY ENLISTED MAN IN THE ARMY OF THE UNITED STATES, THE UNITED STATES NAVY, THE MARINE CORPS, OR THE COAST GUARD, INCLUDING ANY AND ALL RETIRED AND RESERVE COMPONENTS OF SUCH SERVICES, SHALL BE ENTITLED TO RECEIVE A MONTHLY FAMILY ALLOWANCE FOR ANY PERIOD DURING WHICH SUCH ENLISTED MAN IS IN THE ACTIVE MILITARY OR NAVAL SERVICE OF THE UNITED STATES ON OR AFTER JUNE 1, 1942, (1) DURING THE EXISTENCE OF ANY WAR DECLARED BY CONGRESS AND THE SIX MONTHS IMMEDIATELY FOLLOWING THE TERMINATION OF ANY SUCH WAR OR (2) DURING A PERIOD OF ENLISTMENT OR REENLISTMENT CONTRACTED BY SUCH ENLISTED MAN PRIOR OF JULY 1, 1946.'

THE ACT APPROVED AUGUST 22, 1912, 37 STAT. 331, AS AMENDED, 34 U.S.C. 184, IS AS FOLLOWS:

EXTENSION OF TERM. 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 ONE, TWO, THREE, OR FOUR FULL YEARS FROM THE DATE OF EXPIRATION OF THE THEN EXISTING TERM OF ENLISTMENT, AND SUBSEQUENT TO SAID DATE SUCH ENLISTED MEN AS EXTEND THE TERM OF ENLISTMENT AS AUTHORIZED IN THIS SECTION 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, AND SUCH EXTENSION SHALL NOT OPERATE TO DEPRIVE THEM UPON DISCHARGE AT THE TERMINATION THEREOF OF ANY RIGHT, PRIVILEGE, OR BENEFIT TO WHICH THEY WOULD BE ENTITLED AT THE EXPIRATION OF THE FORMER TERM OF ENLISTMENT.

IN DECISION OF AUGUST 5, 1946, 26 COMP. GEN. 83, REFERRED TO IN YOUR LETTER, IT WAS HELD THAT ARMY PERSONNEL ENLISTING OR REENLISTING UNDER THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945 WERE SAVED THE BENEFITS OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, 56 STAT. 381, AT LEAST FOR THE PERIOD OF ANY SUCH ENLISTMENT OR REENLISTMENT ENTERED INTO PRIOR TO JULY 1, 1946; THAT IN THOSE CASES WHERE AN ENLISTMENT OR REENLISTMENT ENTERED INTO PRIOR TO JULY 1, 1946, WAS FOR A SHORTER PERIOD THAN THE MAXIMUM PERIOD OF 3 YEARS AUTHORIZED FOR ENLISTMENTS AND REENLISTMENTS IN THE REGULAR ARMY BY SAID RECRUITMENT ACT, THE ENLISTMENT CONTRACT COULD BE AMENDED TO THE MAXIMUM PERIOD OF 3 YEARS, THE TIME SERVED IN THE ORIGINAL ENLISTMENT TO BE CREDITED ON THE AMENDED ENLISTMENT PERIOD; BUT THAT ANY PROCEDURE OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942 WOULD BE UNAUTHORIZED.

THE ACT OF AUGUST 18, 1941, 55 STAT. 629, AUTHORIZES ENLISTMENTS IN THE NAVY FOR A TERM OF UP TO 6 YEARS. THEREFORE, NAVY PERSONNEL WHO ENLISTED OR REENLISTED PRIOR TO JULY 1, 1946, ARE SAVED BY SECTION 9 (A) OF THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945, SUPRA, THE BENEFITS OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942 AT LEAST FOR THE PERIOD OF SUCH ENLISTMENTS OR REENLISTMENTS. UNDER THE PROVISIONS OF THE ACT OF AUGUST 22, 1912, SUPRA, THE TERM OF NAVAL ENLISTMENTS MAY BE EXTENDED FOR A PERIOD UP TO 4 YEARS, AND NAVAL PERSONNEL WHO EXTEND THE TERM OF THEIR ENLISTMENT UNDER THE SAID ACT ARE ENTITLED TO RECEIVE THE SAME PAY AND ALLOWANCES IN ALL RESPECTS AS THOUGH REGULARLY DISCHARGED AND REENLISTED IMMEDIATELY UPON THE EXPIRATION OF THEIR TERM OF ENLISTMENT. NAVAL PERSONNEL WHO, ON OR AFTER JULY 1, 1946, ARE REGULARLY DISCHARGED FROM AN ENLISTMENT OR REENLISTMENT ENTERED INTO PRIOR TO JULY 1, 1946, AND IMMEDIATELY REENLIST ARE NOT ENTITLED TO THE BENEFITS OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942 UNLESS, OF COURSE, THE PERIOD OF THE DURATION OF THE WAR AND 6 MONTHS THEREAFTER HAS NOT THEN EXPIRED, AND, THEREFORE, SINCE NAVAL PERSONNEL WHO EXTEND THEIR ENLISTMENT ARE ENTITLED TO THE SAME BENEFITS IN ALL RESPECTS AS THOUGH REGULARLY DISCHARGED AND REENLISTED IMMEDIATELY UPON THE EXPIRATION OF THEIR TERM OF ENLISTMENT, THERE IS NO BASIS FOR GRANTING SUCH PERSONNEL GREATER BENEFITS THAN THOSE WHO ARE REGULARLY DISCHARGED AND IMMEDIATELY REENLIST.

ACCORDINGLY, ANSWERING YOUR QUESTIONS SPECIFICALLY, NAVAL PERSONNEL SERVING UNDER THE CIRCUMSTANCES THERE SET FORTH ARE ENTITLED UNDER THE ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945 TO THE BENEFITS OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942 ONLY FOR THE PERIOD OF SUCH ENLISTMENTS OR REENLISTMENTS AS WERE ENTERED INTO PRIOR TO JULY 1, 1946, OR FOR THE PERIOD OF THE DURATION OF THE WAR AND 6 MONTHS THEREAFTER, WHICHEVER IS THE LONGER.