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AUGUST 6, 1921, 1 COMP. GEN. 51

Aug 06, 1921
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IS APPLICABLE TO THE ENLISTED MAN OF THE COAST GUARD UNDER THE ASSIMILATING ACT OF MAY 18. 1921: I HAVE YOUR LETTER OF JULY 18. ISSUANCE OF SAME TO THE COAST GUARD PERSONNEL WILL BE WITHHELD PENDING THE RECEIPT OF YOUR DECISION. THE CIRCULAR LETTER TO WHICH YOU REFER IS AS FOLLOWS: 1. CIRCULAR LETTER NO. 180 IS RESCINDED AS OF JULY 1. AN ENLISTED MAN OF THE COAST GUARD IS ENTITLED TO AN HONORABLE DISCHARGE GRATUITY UNDER THE FOLLOWING CONDITIONS. 1921: (A) WHEN HE SHALL HAVE COMPLETED TWO CONTINUOUS ONE-YEAR ENLISTMENT PERIODS. HE IS ENTITLED TO A GRATUITY OF TWO MONTHS' PAY FOR EITHER A TWO-YEAR OR A THREE-YEAR REENLISTMENT. COMPUTED AT THE RATE OF PAY HE WAS RECEIVING ON THE DATE OF HIS LAST DISCHARGE.

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AUGUST 6, 1921, 1 COMP. GEN. 51

HONORABLE DISCHARGE GRATUITY - COAST GUARD SECTION 2 OF THE ACT OF JULY 12, 1921, 42 STAT., 139, AMENDING THE LAW RELATIVE TO PAYMENT OF HONORABLE-DISCHARGE GRATUITY TO ENLISTED MEN OF THE NAVY SO AS TO MAKE THE AMOUNT OF THE GRATUITY DEPENDENT UPON LENGTH OF THE LAST EXPIRING ENLISTMENT AS WELL AS UPON THE LENGTH OF THE REENLISTMENT PERIOD, IS APPLICABLE TO THE ENLISTED MAN OF THE COAST GUARD UNDER THE ASSIMILATING ACT OF MAY 18, 1920, 41 STAT., 603, AND AUTHORIZES A GRATUITY EQUAL TO ONE MONTH'S PAY AT THE RATE RECEIVED WHEN DISCHARGED FOR EACH YEAR OF REENLISTMENT, PROVIDED THE PERIOD OF SERVICE UNDER ONE OR MORE ENLISTMENTS FROM WHICH DISCHARGED EQUALS OR EXCEEDS THE NUMBER OF YEARS OF REENLISTMENT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, AUGUST 6, 1921:

I HAVE YOUR LETTER OF JULY 18, 1921, AS FOLLOWS:

IN VIEW OF THAT PART OF THE ACT OF MAY 18, 1920, 41 STAT., 603, PROVIDING THAT ENLISTED MEN OF THE COAST GUARD SHALL RECEIVE THE SAME ALLOWANCES AS ENLISTED MEN OF THE NAVY, IN VIEW OF YOUR DECISION OF NOVEMBER 16, 1920, 27 COMP. DEC., 457, RELATIVE TO HONORABLE-DISCHARGE GRATUITIES OF ENLISTED MEN OF THE COAST GUARD, AND IN VIEW OF THE PROVISION IN THE NAVAL APPROPRIATION ACT OF JULY 12, 1921, THAT NO ENLISTED MAN OF THE NAVY SHALL BE PAID ON REENLISTMENT AN HONORABLE DISCHARGE GRATUITY OR ANY PROPORTIONATE PART THEREOF IN EXCESS OF AN AMOUNT EQUAL TO ONE MONTH'S PAY FOR EACH YEAR OF SERVICE IN HIS LAST EXPIRING ENLISTMENT, THE COMMANDANT, UNITED STATES COAST GUARD, HAS WRITTEN THE INCLOSED CIRCULAR LETTER, DATED THE 18TH INSTANT.

PLEASE RETURN SAID CIRCULAR LETTER TO ME WITH YOUR DECISION AS TO ITS LEGALITY. ISSUANCE OF SAME TO THE COAST GUARD PERSONNEL WILL BE WITHHELD PENDING THE RECEIPT OF YOUR DECISION.

THE CIRCULAR LETTER TO WHICH YOU REFER IS AS FOLLOWS:

1. CIRCULAR LETTER NO. 180 IS RESCINDED AS OF JULY 1, 1921.

2. AN ENLISTED MAN OF THE COAST GUARD IS ENTITLED TO AN HONORABLE DISCHARGE GRATUITY UNDER THE FOLLOWING CONDITIONS, EFFECTIVE AS OF JULY 1, 1921:

(A) WHEN HE SHALL HAVE COMPLETED TWO CONTINUOUS ONE-YEAR ENLISTMENT PERIODS, HAVING RECEIVED AN HONORABLE DISCHARGE AT THE EXPIRATION OF EACH, AND REENLISTS WITHIN FOUR MONTHS FROM THE DATE OF HIS LAST DISCHARGE, HE IS ENTITLED TO A GRATUITY OF TWO MONTHS' PAY FOR EITHER A TWO-YEAR OR A THREE-YEAR REENLISTMENT, COMPUTED AT THE RATE OF PAY HE WAS RECEIVING ON THE DATE OF HIS LAST DISCHARGE.

(B) WHEN HE SHALL HAVE COMPLETED THREE CONTINUOUS ONE-YEAR ENLISTMENT PERIODS, HAVING RECEIVED AN HONORABLE DISCHARGE AT THE EXPIRATION OF EACH, AND REENLISTS WITHIN FOUR MONTHS FROM THE DATE OF HIS LAST DISCHARGE, HE IS ENTITLED TO A GRATUITY OF THREE MONTHS' PAY FOR A THREE-YEAR REENLISTMENT, COMPUTED AT THE RATE OF PAY HE WAS RECEIVING ON THE DATE OF HIS LAST DISCHARGE.

(C) WHEN HE SHALL HAVE RECEIVED AN HONORABLE DISCHARGE FROM A PERIOD-OF- THE-WAR ENLISTMENT AND REENLISTS WITHIN FOUR MONTHS FROM DATE OF SAID DISCHARGE, HE IS ENTITLED TO A GRATUITY OF TWO MONTHS' PAY FOR A TWO-YEAR REENLISTMENT, IF HE SHALL HAVE SERVED TWO YEARS OR MORE IN HIS PERIOD-OF- THE-WAR ENLISTMENT, OR A GRATUITY OF THREE MONTHS' PAY FOR A THREE-YEAR REENLISTMENT, IF HE SHALL HAVE SERVED THREE YEARS OR MORE IN HIS PERIOD-OF -THE-WAR ENLISTMENT, COMPUTED AT THE RATE OF PAY HE WAS RECEIVING ON THE DATE OF HIS LAST DISCHARGE.

(D) WHEN HE SHALL HAVE COMPLETED A TWO-YEAR ENLISTMENT, HAVING RECEIVED AN HONORABLE DISCHARGE THEREFROM, AND REENLISTS WITHIN FOUR MONTHS FROM THE DATE OF SAID DISCHARGE, HE IS ENTITLED TO A GRATUITY OF TWO MONTHS' PAY FOR EITHER A TWO-YEAR OR A THREE-YEAR REENLISTMENT, COMPUTED AT THE RATE OF PAY HE WAS RECEIVING ON THE DATE OF HIS LAST DISCHARGE.

(E) WHEN HE SHALL HAVE COMPLETED A THREE-YEAR ENLISTMENT, HAVING RECEIVED AN HONORABLE DISCHARGE THEREFROM, AND REENLISTS WITHIN FOUR MONTHS FROM THE DATE OF SAID DISCHARGE, HE IS ENTITLED TO A GRATUITY OF TWO MONTHS' PAY FOR A TWO-YEAR REENLISTMENT OR A GRATUITY OF THREE MONTHS' PAY FOR A THREE-YEAR REENLISTMENT, COMPUTED AT THE RATE OF PAY HE WAS RECEIVING ON THE DATE OF HIS LAST DISCHARGE.

3. HONORABLE DISCHARGE GRATUITIES THAT HAVE BECOME DUE OR THAT MAY BECOME DUE ENLISTED MEN IN ACCORDANCE WITH PARAGRAPH 2, ABOVE, WILL BE PAID IN EACH CASE IN THE SETTLEMENT OF THE FIRST PAY ACCOUNT OF THE MAN CONCERNED AFTER HIS REENLISTMENT, WITHOUT SPECIFIC AUTHORITY FROM HEADQUARTERS.

THE COMPTROLLER'S DECISION TO WHICH YOU REFER DETERMINED THE CONDITIONS UNDER WHICH ENLISTED MEN OF THE COAST GUARD ARE ENTITLED TO HONORABLE DISCHARGE GRATUITY UPON THE BASIS OF ONE MONTH'S PAY FOR EACH YEAR OF THE REENLISTMENT PERIOD. THE PROVISION OF THE ACT OF JULY 12, 1921, 42 AT., 139, WHICH YOU CITE MAKES THE AMOUNT OF GRATUITY DEPENDENT UPON THE LENGTH OF THE LAST EXPIRING ENLISTMENT AS WELL AS UPON THE LENGTH OF THE REENLISTMENT PERIOD BY WHICH ALONE THE AMOUNT OF THE GRATUITY WAS FORMERLY MEASURED. THE PROPOSED REGULATION MERELY ADAPTS THE PRACTICE OF THE COAST GUARD TO THIS CHANGE OF LAW. IT IS IN CONFORMITY WITH THE LAW AND THE COMPTROLLER'S DECISIONS, AND I SEE NO OBJECTION TO ITS PROMULGATION.

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