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B-198159 1 (1981-02-17)

handle is hein.gao/gaobadrra0001 and id is 1 raw text is: DECISION FILE: B-198159 MATTER OF: DIGEST: 1. THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. O.C. 20548 DATE: February 17, 1981. The United States Supreme Court's opinion in United States v. Larionoff, 431 U.S. 864. (1977), concerning military reenlistment bonuses, did not alter the fundamental rules of law that (1) a service member's entitlement to military pay is governed by statute rather than ordinary contract principles, and (2) in the absence of specific statutory authority the Government is not liable for the negligent or erroneous acts of its agents; hence, the amount of any reenlistment bonus payable to a service member depends on the applicable statutes and regulations, and in no event can the bonus amount be established through private negotiation or contract between the member and his recruiter. 2. A Navy petty officer who reenlisted became entitled to a reenlistment bonus in the amount of $3,209.40, computed under the statutory provisions of 37 U.S.C. 308 (1976) and implementing service regula- tions, but a recruiting official miscal- culated the amount of his bonus entitle- ment and entered the higher figure of $3,459.60 in his reenlistment agreement as the amount of the bonus payable to him. Such mistake may not serve as a basis for payment of a bonus to him' in excess of $3,209.40, the amount authorized by statute and regulations. This action is in response to a letter with enclosures, from Louis J. Frymire, Disbursing Officer, Navy Personnel Support Activity Detachment, Guantanamo Bay, Cuba, who requests an advance decision concerning the correct amount of the selective reenlistment bonus to be paid Petty Officer (0S3) The question is whether Petty Officer should receive the selective reenlistment bonus amount agreed upon between him and the United States Navy recruiting officer at the time of his ?~SEtDECS! 435 C

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