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B-177060 1 (1973-01-02)

handle is hein.gao/gaobadtfx0001 and id is 1 raw text is: COMFTROLLVfR GENERAL OF THE UNITED STATES WASHINGTON, D.C. .0548 B-177060 JAN 2 ia7 Mr. E. J. Rowe Authorized Certifying Officer Department of Transportation United States Coast Guard Dear Mr. Rowe: Further reference is made to yotur letter of September 18, 1972, requesting a decision as to the legality of paying . AD2, a variable reenlistment bonus (VRB) in the circum- stances involved in his case. The record discloses that Petty Officer enlisted for a period of 4 years on July 12, 1965. He executed an extension agree- ment on October 12, 1967, for 1 year and 4 months, effective July 12, 1969. On September 10, 1970, he executed a second extension agreement of I year, effective November 12, 1970. He reenlisted for a period of 6 years on August 31, 1971. The member was paid a reenlistment bonus in the amount of $567 for his first and second extensions. He was paid a second reenlistment bonus in the amount of $1,433 for his 6-year reenlistment. Petty Officer claims he is entitled to VRB for the reason that because his first extension was entered into prior to January 2, 1968, it should not have been combined with his second extension to become his first reenlistment and, therefore, his first reenlistment should have been on August 31, 1971, and a VRB was authorized for an AD rating at that time. A VRB was authorized for AD ratings effective March 19, 1971. His authorized certifying of fl- car has expressed the view, with which you concur, that it is the effective date of an extension rather than the date an agreement to extend enlistment is entered into that determines a member's entitle- ment to benefits authorized for a reanlistment. However, in view of the opinion to the contrary expressed by the Chief Counsel you requested a decision as to whether your con- clusions have been in error and, if so, whether it is permissible to revise your regulations to provide that the date of agreement to extend enlistment is the controlling date and to settle prooestive claims on the basis. of such revised regulations. Section 509,/title 10, U.S. Code, provides in pertinent part as follows: kc I.

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