207a. Active duty of retired officers; general provisions.

For further authority to call retired officers to active duty, see 223, post.

By act of October 9, 1940 (54 Stat. 1029), the Secretary of the Treasury is authorized to call to active duty, with his consent, any commissioned or warrant officer of the Coast Guard on the retired list.

209. Active duty of officers retired in Class B.

This section, based on section 24b, National Defense Act, was suspended during the national emergency by section 1, act of July 29, 1941 (55 Stat. 606).

222. Detail of retired officers to Soldiers' Home.

For exemption of retired military personnel on duty at the United States Soldiers' Home from the salary limitation contained in section 212 of the Economy Act (5 U. S. C. 59a), see Military Appropriation Act of June 28, 1944, post, 315.

223. Detail of retired officers to staff duties.

Pay for not to exceed eight retired officers on active duty was authorized by the Military Appropriation Act of April 26, 1939 (53 Stat. 596).

Pay for not to exceed three hundred and eight retired officers on active duty was authorized by section 1, Military Appropriation Act of June 13, 1940 (54 Stat. 354). The First Supplemental National Defense Appropriation Act of June 26, 1940 (54 Stat. 601), ante, 15a, appropriates $53,000,000 for "Pay of the Army" without limitation as to the number of retired officers who may be called to active duty. The Third Supplemental National Defense Appropriation Act of October 8, 1940 (54 Stat. 966), makes a further appropriation with a similar provision.

By public resolution of August 27, 1940, post, 2220, the President was authorized to call retired officers to active duty, with or without their consent, for a twelve-month training period.

The appropriation for the pay of retired officers on active duty contained in the Military Appropriation Act of June 30, 1941 (55 Stat. 368), places no limitation on the number of retired officers who may be called to active duty.

225. Discharge or retirement of officers in Class B.

This section, based on section 24b, National Defense Act, was suspended during the national emergency by section 1, act of July 29, 1941 (55 Stat. 606).

By a provision in Title II, Navy Department Appropriation Act of June 11, 1940 (54 Stat. 293), officers of the Navy and Marine Corps "adjudged unfitted" are not to be involuntarily retired during the existing limited emergency.

By 1371c-15(3), post, officers retired under this section are entitled to count active duty performed subsequent to retirement for the purpose of computing percentage rates and increases with respect to their retired pay, up to an amount not exceeding 75% of their active duty pay.

By 1371c-15 (4), (5), post, such officers who have had World War service are entitled to retired pay at the rate of 75% of their active duty pay at time of retirement.

226. Discharge or retirement of officers selected for elimination.

By 1371c-15(3), post, officers retired under this section are entitled to count active duty performed subsequent to retirement for the purpose of computing percentage rates and increases with respect to their retired pay, up to an amount not exceeding 75% of their active duty pay.

229. Discharge of flying cadets.

The original text of this section, based on act of July 11, 1919 (41 Stat. 109); 10 U. S. C. 299, is superseded by 35a-3, ante.

230. Discharge of enlisted men on account of dependent relatives.

For discharge of members of Reserve components and inductees on account of dependents, see 2220-3 (e), 2227-4, post.

231. Discharge of enlisted men for minority.

The third paragraph of the original text of this section, based on act of February 12, 1925 (43 Stat. 896), was suspended until May 15, 1945, by 2225-5(i) and 2225-16, post. The act of August 18, 1941 (55 Stat. 629), provides for discharge from the Navy of enlisted men under the age of twenty-one who enlisted without the written consent of parent or guardian.

232a. Discharge of enlisted men for disability.—That an enlisted man of the Regular Army or of the Philippine Scouts who has had less than twenty years of service in the military forces of the United States and who has become permanently incapacitated for active service shall be discharged: Provided, That nothing herein contained shall be construed as affecting the right of an enlisted man discharged hereunder to receive such pension and` other benefits as may now or hereafter be accorded by law to disabled former soldiers of the Regular Army or of the Philippine Scouts. Sec. 1, act of June 30, 1941 (55 Stat. 394); 10 U. S. C. 656.

By section 6, act of June 30, 1941, supra, the administration of this section is to be under such regulations as the Secretary of War shall prescribe.

233. Discharge of enlisted men for misrepresentation of age; World War service.

The first paragraph of this section, based on the act of March 2, 1929 (45 Stat. 1505); 10 U. S. C. 654a, has been eliminated as superseded by the second paragraph, based on the act of March 3, 1936 (49 Stat. 1159); 10 U. S. C. 654b.

The act of February 9, 1940 (54 Stat. 21) makes similar provision for members of the United States Navy and United States Marine Corps discharged for fraudulent enlistment on account of minority or misrepresentation of age.

245. Educational facilities in the District of Columbia.

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That there is hereby authorized to be appropriated, from funds to the credit of the District of Columbia in the Treasury of the United States not otherwise appropriated, 'the sum of $4,800, annually, for aid in the education of children (between the ages of sixteen and twenty-one years, inclusive, who have had their domicile in the District of Columbia for at least five years) of those who have died or may hereafter die as a result of service in the military or naval forces of the United States during the World War on and after April 6, 1917, and prior to November 12, 1918, or during the period of the present war, on and after December 7, 1941, and prior to the termination of hostilities as declared by Presidential proclamation or by concurrent resolution of the Congress, including tuition, fees, maintenance, and the purchase of books and supplies: Provided, That not more than $200 shall be available for any one child in any one year: Provided further, That appropriations made in accordance with this Act shall be expended, under rules and regulations prescribed by the Board of Education of the District of Columbia, only for such children as the said Board, from time to time, may find to be in need of such aid and in such amounts as the said Board from time to time may determine in the case of each child. Act of June 19, 1934 (48 Stat. 1125); act of Dec. 16, 1944 (58 Stat. 811); 10 U. S. C. 914a; 34 U. S. C. 945.

The fourth paragraph of this section has been amended as above.

The third paragraph of this section has been repeated in subsequent appropriation acts. As repeated in the District of Columbia Appropriation Act, 1945 (58 Stat. 515), this provision was made permanent by inclusion of the word "hereafter".

245a. Library facilities in the District of Columbia.

The first paragraph of this section, based on Public Resolution of August 28, 1890 (26 Stat. 678); 2 U. S. C. 137b, has been eliminated from the Code.

246. Enlistment; age limits and physical condition.

The minimum age for enlistment in the Army of the United States in time of war or other emergency declared by Congress is fixed at eighteen years by 2163a, post.

Notes of Decisions

Contract of enlistment.--An enforceable invalidity in enlistment was claimed. McCord "contract" between a soldier and the United บ. Page, Provost Marshal of Brooks Field States was created by soldier's act in volun- (C. C. A. 5, 1941), 124 F. (2d) 68. tarily enlisting in military forces, where no

247a. Enlistment of Negroes.- *** Provided, That no Negro, because of race, shall be excluded from enlistment in the Army for service with colored military units now organized or to be organized for such service. Sec. 2 (b), act of July 2, 1940 (54 Stat. 713); 10 U. S. C. 621 a.

For permanent colored organizations in the Army, see 19, 22, ante.

249. Enlistment; persons barred.—No minor under the age of sixteen years, no insane or intoxicated person, no deserter from the military service of the United States, and no person who has been convicted of a felony shall be enlisted or mustered into the military service; Provided, however, That with relation to deserters and persons convicted of felonies the Secretary of War may, by regulations or otherwise, authorize exceptions in special meritorious cases. R. S. 1118; sec. 1, act of Feb. 27, 1877 (19 Stat. 242); act of July 29, 1941 (55 Stat. 606); 10 U. S. C. 622.

The first paragraph of the original text of this section has been amended as indicated above.

250. Enlistment term; general provision.

The act of August 18, 1941 (55 Stat. 629), provides that thereafter enlistments in the Navy, Marine Corps, and Coast Guard may be for terms of 2, 3, 4, or 6 years.

252. Enlistment term in time of war.

This section was reenacted without change by act of March 15, 1940 (54 Stat. 53). For term of enlistment in the Army of the United States in time of war or emergency declared by Congress, see 2163a, post.

The act of December 13, 1941 (55 Stat. 799), authorizes the Secretary of the Navy, in time of war, to extend all enlistments in the Navy, Marine Corps and Coast Guard, and the Reserve components thereof, for such time as may be necessary in the interests of national defense.

253. Enlistment term; retention beyond expiration.-That hereafter any enlisted man of the Army, Navy, Marine Corps, and Coast Guard of the United States in the active service, whose term of enlistment shall expire while he is suffering disease or injury incident to service and not due to misconduct, and who is in need of medical care or hospitalization, may, with his consent, be retained in such service beyond the expiration of his term of enlistment, and any such enlisted man shall be entitled to receive at Government expense medical care or hospitalization and his pay and allowances (including expense money authorized by law and credit for longevity) until he shall have recovered to such extent as would enable him to meet the physical requirements for reenlistment, or until it shall have been ascertained by competent authority of the service concerned that the disease or injury is of a character that recovery to such an extent would be impossible, whichever is earlier: Provided, That any enlisted man whose enlistment is extended as provided herein shall be subject to forfeiture in the same manner and to the same extent as if his term of enlistment had not expired, and nothing contained in this Act shall prevent any enlisted man of the Army, Navy, or Marine Corps, and the Coast Guard, from being held in the service without his consent under, respectively, the provisions of the one hundred and seventh article of war, the Act of August 29, 1916, as amended (40 Stat. 717), and section 1,

subsection (a), of the Act of May 26, 1906, as amended (50 Stat. 547). Act of Dec. 12, 1941 (55 Stat. 797); 10 U. S. C. 628a.

255. Grades of enlisted men.

Grades of enlisted men for the fiscal years 1940, 1941 and 1942 were prescribed by Executive Order No. 8176, June 21, 1939, as amended by Executive Order No. 8281, November 1, 1939; by Executive Order No. 8502, August 3, 1940, as amended by Executive Order No. 8595, November 18, 1940, by Executive Order No. 8824, July 18, 1941; and by Executive Order No. 9041, January 26, 1942.

This section, based on section 4b, added to act of June 3, 1916, by section 4, act of June 4. 1920 (41 Stat. 761), as amended by section 1, act of June 6, 1924 (43 Stat. 470), and section 1, act of June 20, 1936 (49 Stat. 1554); 10 U. S. C. 604, was superseded by 1371c-9 (2), post.

258. Liability for overpayments of pay and allowances.

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That payments for per diem allowances heretofore made to personnel in and under the jurisdiction of the War Department which have been disallowed by the Comptroller General of the United States in the accounts of disbursing officers of the Army, and, as to payments heretofore made, would be disallowed in said accounts except for this Act, on the ground that per diem allowances for temporary duty in excess of thirty days are not authorized by law, are hereby ratified and validated, and, if otherwise correct, the Comptroller General of the United States is hereby authorized and directed to credit the accounts of disbursing officers of the Army for and on account of all such payments: Provided, That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to any person a sum equal to the amount collected from such person on account of disallowed payments which are herein validated, as well as any amounts which would have been paid except for rulings of the Comptroller General on per diem in excess of thirty days, upon presentation of a valid claim therefor to the Comptroller General of the United States, who is hereby authorized and directed to certify such claims to the Secretary of the Treasury for payment at the rates prescribed in the order directing the travel, or in the absence of a prescribed rate, at the rate of $5 per diem for the period of temporary duty involved. Sec. 13, act of Apr. 11, 1941 (55 Stat. 139).

The above provision is added as a new paragraph to this section.

The third paragraph of the original text, based on act of May 15, 1936 (49 Stat. 1275); 31 U. S. C. 504a, has been eliminated from the Code.

By the following acts the Comptroller General was directed to credit the accounts of various disbursing officers of the Army and officers of the Finance Department and Quartermaster Corps with amounts disallowed in their accounts:

Act of April 13, 1939 (53 Stat. 578)

Act of June 20, 1940 (54 Stat. 495)

Act of April 11, 1941 (55 Stat. 136).

By act of July 14, 1939 (53 Stat. 1000), certain payments for airplane transportation made to officers and employees prior to December 10, 1935, were validated.

258a. Liability for payments to aliens.-That, notwithstanding provisions contained in the several Appropriation Acts for the fiscal years 1939, 1940, 1941, and 1942, prohibiting the payment of compensation therefrom to officers or employees who are not citizens of the United States, the Comptroller General of the United States is hereby authorized and directed to allow credit in the settlement of disbursing officers' accounts, and relieve certifying officers of liability, for such payments for services rendered by noncitizen officers and employees, as are otherwise correct and legal, as are made in good faith, and as are found not to be due to any lack of good

faith on the part of the payee. Sec. 1, act of Apr. 11, 1941 (55 Stat. 136); act of May 2, 1942 (56 Stat. 266).

If credit is allowed in disbursing officers' accounts in accordance with section 1 of this Act, the officer or employee, or former officer or employee receiving payment shall not be required to refund the amount thereof; and any such amount which has been collected from an officer or employee, or former officer or employee, may be refunded to him. Sec. 2, act of Apr. 11, 1941 (55 Stat. 136); act of May 2, 1942 (56 Stat. 266).

That any person in the armed forces, or employed in a civilian capacity, prior to the enactment hereof, shall be paid for services rendered until January 1, 1942, out of current appropriation or fund otherwise available for the pay of said person, the compensation to which such person would be entitled but for the citizenship prohibition cited in section 1 hereof: Provided, That the head of department or agency concerned determines that such person entered said service or employment without fault on his part as to noncitizenship status. Sec. 3 added to act of Apr. 11, 1941, by act of May 2, 1942 (56 Stat. 266).

267. Prisoners; confinement, care, and treatment of narcotic addicts.-The Surgeon General is authorized to provide for the confinement, care, protection, treatment, and discipline of persons addicted to the use of habitforming narcotic drugs who voluntarily submit themselves for treatment and addicts who have been or are hereafter convicted of offenses against the United States, including persons convicted by general courts martial and consular courts. Such care and treatment shall be provided at hospitals of the Service especially equipped for the accommodation of such patients and shall be designed to rehabilitate such persons, to restore them to health, and, where necessary, to train them to be self-supporting and self-reliant. Sec. 341, Public Health Service Act of July 1, 1944 (58 Stat. 698); 42 U. S. C. 257.

The authority vested with the power to designate the place of confinement of a prisoner shall transfer to hospitals of the Service especially equipped for the accommodation of addicts, if accommodations are available, all addicts who have been or are hereafter sentenced to confinement, or who are now or shall hereafter be confined, in any penal, correctional, disciplinary, or reformatory institution of the United States, including those addicts convicted of offenses against the United States who are confined in State and Territorial prisons, penitentiaries, and reformatories, except that no addict shall be transferred to a hospital of the Service who, in the opinion of the officer authorized to direct the transfer, is not a proper subject for confinement in such an institution either because of the nature of the crime he has committed or because of his apparent incorrigibility. The authority vested with the power to designate the place of confinement of a prisoner shall transfer from a hospital of the Service to the institution from which he was received, or to such other institution as may be designated by the proper authority, any addict whose presence at a hospital of the Service is detrimental to the well-being of the hospital or who does not continue to be a narcotic addict. All transfers of such prisoners to or from a hospital of the Service shall be accompanied by necessary attendants as directed by the officer in charge of such hospital and the actual and necessary expenses. incident to such transfers shall be paid from the appropriation for the maintenance of such Service hospital except to the extent that other Federal agencies are authorized or required by law to pay expenses incident to such transfers. When sentence is pronounced against any person whom the