United States v. Dickerson
Headline: Court reverses $75 reenlistment payment, finding Congress suspended re-enlistment bonuses for the fiscal year ending June 30, 1939, so no enlistment allowance was payable to reenlisting servicemen that year.
Holding: The Court held that Congress suspended the enlistment re-enlistment allowance for the fiscal year ending June 30, 1939, so the discharged enlisted man who re-enlisted was not entitled to the $75 payment.
- Bars reenlistment bonuses for servicemen during that fiscal year.
- Confirms Congress can suspend payments through appropriations provisos.
- Prevents Court of Claims recovery for similar 1939 reenlistment claims.
Summary
Background
A discharged enlisted man re-enlisted the day after his service term ended and sought a $75 reenlistment allowance that a 1922 law authorized. He sued when the Government refused payment, and a lower court sided with him. The Government argued a 1938 funding proviso barred payment for reenlistments made in the fiscal year ending June 30, 1939.
Reasoning
The Court examined whether the proviso in §402 of Public Resolution No. 122 effectively suspended the 1922 authorization for that fiscal year. Looking at the text and the long legislative history, the Court concluded Congress intended the proviso to continue the suspension that had applied during several prior years. The Court held that the proviso made funds unavailable for reenlistment allowances for that fiscal year and therefore reversed the lower court’s judgment for the reenlisting serviceman.
Real world impact
As a result, servicemen who reenlisted during the fiscal year ending June 30, 1939, could not collect the $75 allowance under the 1922 law because Congress had suspended payments by statute. The decision confirms Congress may suspend statutory payments by including such provisos in appropriations legislation, and it ends this particular claim for recovery.
Dissents or concurrances
Four Justices would have affirmed the lower court, agreeing with the Court of Claims that the proviso merely limited available funds rather than suspending the underlying 1922 authorization.
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