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B-210827 1 (1983-09-21)

handle is hein.gao/gaobadlih0001 and id is 1 raw text is: 0 THE COMPTROLLER GENERAL DECI SIOOF THE NITEO STATES 'WAS H I NGTO N. 0. C. 20548 FILE: B-210827 DATE: September 21, 1983 MATTER OF: Sergeant Franklin L. Secrest, USMC DIGEST: 1. In Matter of Timm, B-206550, October 27, 1982, we held.that notwithstanding agency regulations, no recoupment action need be taken when a service member who received a regular reenlistment bonus was dis- charged early for the purpose of immedi- ate reenlistment for which a selective reenlistment bonus was payable. We effectively held that the recoupment regulations were inconsistent with the governing bonus statute and were there- fore void effectkve on the date of enact- ment of the statute in 1974. Therefore, the Timm decision is to be applied retro- activey, and a service member who had an improper recoupment action taken against him prior to the Timm decision may be refunded the amounE-recouped. 2. When a Marine serving in an enlistment period for which he received a regular reenlistment bonus is discharged early for the purpose of immediate reenlistment for which no reenlistment bonus is pay- able, no bonus recoupment action is to be taken so long as the term of the reen- listment following the early discharge includes the remaining period of service in the prior enlistment. Any regulation to the contrary is invalid. This action is in response to Department of Defense Military Pay and Allowance Committee submission DO-MC-1415, -which is a request for an advance decision from the Dis- bursing Officer of the United States Marine Corps Base, Camp Pendleton, California. The decision requested is whether, under our holding in Matter of Timm, B-206550, October 27, 1982, Sergeant Franklin L. Secrest, USMC, may be paid the amount he has claimed as a refund of a portion of a regular reenlistment bonus he received for a 2-year enlistment /' 2 .._,

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