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B-183576 1 (1979-02-14)

handle is hein.gao/gaobadgxu0001 and id is 1 raw text is: DECISION LE R FILE: B-1 MATTER C DIGEST: . 83576 OATE': February 14, 1979 F: Department of Defense Military Pay and Allowance Committee Action No. 5427 1. It is the policy of the General Accounting Office to decline ruling on matters in litigation. Hence, no action will be taken on questions of whether Variable Reenlistment Bonus payments may be made to members of the Armed Forces who (1) cancelled enlistment extension agreements on the basis of erroneous advice that they were not eligible for the previously authorized Variable Reenlistment Bonus, 37 U.S. C. 308 (1970), and (2) executed new enlistment extension agreements in order to become eligible for the new Selective Reenlistment Bonus, 37 U.S.C. 308 (1976), since those questions are the subject of pending litigation in the Federal courts. 2. Selective Reenlistment Bonus payments for exten- sions of enlistments, authorized by 37 U. S. C. 308 (1976), must be based on the award level multi- plier in effect on the date the extension agreement is executed rather than on the date the extension agreement becomes operative, in accordance with the Supreme Court's decision in United States v. Larionoff, 431 U.S. 864 (1977), concerning the similar Variable Reenlistment Bonus. Comptroller General decisions to the contrary should no longer be followed. 3. If an individual enlists in a Reserve component under the Delayed Entry Program with a concurrent commitment to serve in a Regular component for a period of at least 4 years in a skill designated as critical, the award level of the enlistment bonus authorized by 37 U. S. C. 308a (1976) must be fixed on the date of enlistment in the Delayed Entry Pro- gram, rather than on the date of entry on active duty. Payment of the bonus must, however, be contingent on the member's qualifying and serving in his desig- nated military specialty, United States v. Larionoff, 431 U.S. 864 (1977); 52 Comp. Gen. 10= (1972T. xj THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20549 cl15D

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