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B-171942 1 (1976-12-22)

handle is hein.gao/gaobadeal0001 and id is 1 raw text is: 





                                             Jessica Botaford


                          ,-THE   COMPTROLLER MENEFIAL
OECIUION *       OF THE UNITED UTATEB
                   W    tNAgMINGTON,  D.C. 20646


FILE:   B-171942


DATE:  Beaber   22, 19T6


MAT  TER  OF:  Harvey Clifton lure, Jr.; Lowell Dorn
               Wit:; Jean Robert Canaguier


Three former members of United States Navy
who, atr   reenlistment, acquired religious
beltefs witch would prevent thew from work-
ing on Sicurdays, and who reques -.', upon
advice of commanding officer, traesfer to
duty station where they would not be
required to work on their Sabbath and
stated that if such transfer were impossi-
ble they would accept discharge, ate cor-
aidered voiantarily discharged and thercfore,
according to 37 U.S.C. 308(e) (1970), are
required to rufund unearned portions of their
reenlistment bonuses.


      This action is in response to a letter dated April 9, 1976,
 and other correspondence, from Clark Smith, Director of the
 National Service Organization of Seventh Day Adventists.
 Mr. Smith possesses a power of attorney for Harvey Cliftcz Eure.
 former DP2, USN, and is requesting reconsideration of the
 Transportation and. Claims Division's letter of March 8, 1976, in
 which it was doEarmined that Mr. Eure %as liable for the unearned
 portions of reenliatment bonuses he received incident to his
 service in the United States.Navy. Mr. Smith also possesses
 power. Pf attorney for Loarell Dorn Witz, former DP2, USN, and
 Jean RobertCanaguier, former DP2, USN, and requests that we
 consider whether they are -obligated to refund the unearned por-
 tions of their reenlistment bonuses. The three men were dis-
 charged under similar circumstances, and were stationed at the
 Fleet Intelligence Center, Jacksonville, Florida, at the time of
 their discharge.

     Mr. Eure reenlisted in the Navy for three years on August 29,
 1970. Incident to that reenlistment he was paid reenlistment and
-variable reenlistment bonuses. He indicates that in July of 1971
he became interented in the Sevanth Day Adventist Church and
studied its teachings for approximately eight month:. He became
a Seventh Day Adventist and informed his superior officers that
he could not work on his Sabbath which lasts from sundown Friday
to sundown Saturday.  During a personal meeting with his command-
ing officer, Mr. Eure was informed that it was not possible to


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