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B-219059 1 (1986-03-24)

handle is hein.gao/gaobadmft0001 and id is 1 raw text is: 
                                                          V



                        THE COMPTROLLER GENERAL
OIC  lION     .        . OF THE UNITEO       STATES
                         WASHINGTON. 0.C. 20548




FILE:    B-219059             DATE: March 24, 1986

MATTER OF:    Corporal Maurice E. Marshall, USMC


DIQEST:
    1. A member of the Marine Corps who enlisted
        for 4 years under the Educational
        Assistance Program and reenlisted
        10 months prior to the end of the first
        enlistment may receive his educational
        assistance benefits in a lump sum as
        provided in 10 U.S.C. S 2146 and
        implementing regulations. Language in the
        statute which indicates that a member
        should make the election of lump-sum
        benefits upon reenlistment at the end of
        the enlistment during which the benefits
        were earned does not limit the election
        only to those who reenlist at the end of
        the first enlistment. However, payment
        may not be made until he completes the
        initial 4 years of service.

    2. A member of the Marine Corps who enlisted
        under the Educational Assistance Program
        is not limited to either the student loan
        repayment benefit or the educational
        assistance benefit, but may receive both
        types of benefits if he enlisted under
        both segments of the program and was
        otherwise eligible. The law does not
        restrict a member to one type of benefit,
        and the legislative history indicates that
        both types of benefits are available to
        the member for the same period of service,
        as does the implementing Department of
        Defense guidance.

     This action is in response to a request for an advance
decision from the U.S. Marine Corps regarding payments to be
made to Corporal Maurice E. Marshall, USMC, pursuant to the

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