About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-163443 1 (1978-03-29)

handle is hein.gao/gaobachkl0001 and id is 1 raw text is: 1022 COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20348 '29 B-163443 ,,. 2 - The Honorable Melvin Price Chairman, Ceiiittee on Armed Services House of Repreaentatives Dear Mr. Chairman: Turther reference is made to your letter dated January 17, 1978, vith enclosures, concerning the propriety of the Navy's action in extending the term of enlistment of beyond his 21st birthday to make up periods of tine lost from his enlistmett due to hig absetoes from duty. On May 24, 1965, at age 17 vith the written consent of his father, W , enlisted in the United States Navy obligating himself to serve for the period during minority until 11 May 1969, the day preceding his 21st birthday. His enlistment was involuntar- ily extended on several occasions by the Navy pursuant to 10 O.$.C. 1 9724 (1970) as adjustmts for periods of time lost, Mr, service was terminated on July 9, 1971, with a bad conduct discharge awarded as a result of a court-martial conviction for absence without leave (AWOL) offenses committed subsequent to his 21st birth- day while he was serving on the extension of his enlistment making up time lost. Mr. and his parents have asserted that the extension of his anlistment-beyand -the period .nf his ainority exceeded the Navy's authority because the Navy was allegedly with- out jurisdiction over him after Kay 11, 1969, upon his reaching his majority. They contend, in effect, that 10 U.S.C. i 9724does not authorize the military to extend its jarisdiction over a minority enlist** beyond his 21st birthday by extending his enlistment beyond that age. In this regard you ask our opinion as to whether the Navy was acting wit'6 'ts authority under 10 U.S.C. I 971'in extendin4 Mr. enlitent, taking particular note of the parental consent zorm signed by Mr. father, which provided eonsent only for enlistment for the period of minority, and the language of section 97lwhich makes an individual liable for time lost only in asunts equaling the term for which he enlisted. The question presented is essentially one involving the Jurisdiction of the service concerned over an individual for djb

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most