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B-181799 1 (1975-07-02)

handle is hein.gao/gaobadcqs0001 and id is 1 raw text is: 





DECISION


FILE:   B-1

MATTER 0


DIGEST:


- ITES


81799


THE  COMPTROLLER GENERAL
OF   THE UNITED STATES
WASHINGTON, 0. C. 20548


DATE:    JUL 2  1975


F:  Department of Defense Military Pay and
    Allowance Committee Action No. 507 -
    Selective Reenlistment Bonus
 1. Service member who, within three months of
     the expiration of his current enlistment or
     extension thereof, is discharged pursuant to
     the authority of Secretary concerned under
     10 U.S.C. 1171 (1970), where such discharge
     is for the sole purpose of reenlisting, may
     not have that unexpired term of enlistment
     or extension thereof considered as addi-
     tional obligated service for the purpose of
     determining the multiplier for Selective
     Reenlistment Bonus (SRB) computation under
     37 U.S.C. 308 (1970), as amended by Public
     Law 93-277, May 10, 1974, 88 Stat. 119.

 2. The SRB entitlement provided for in
    37 U.S.C. 308, as amended, may not be com-
    puted by using as the multiplier, the
    years, months and days of additional
    obligated service because that section
    clearly and unambiguously limits that
    multiplier to the number of years, or the
    monthly fractions thereof, of additional
    obligated service.


3.  For the purpose of computing the SRB
    under 37 U.S.C. 308, as amended, a frac-
    tion of a month of additional obligated
    service may not be counted as a full
    month in determining the monthly frac-
    tions of a year because, unlike similar
    statutes where specific authorization to
    do so is provided therein, 37 U.S.C. 308,
    as amended, contains no authorization to
    permit fractions of months to be counted
    as whole months.


4.


     This action is in response to a letter from the Assistant
Secretary of Defense (Comptroller), requesting an advance decision

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