TRAVEL ALLOWANCES OF DISCHARGED ENLISTED MEN.1

ances to dis.

Forfeited by mis

Jan. 11, 1812, c.

Jan. 29,1813, c. 16,

June 20, 1864, c.

.145; June 16,

p. 72; Feb. 27,

1877, 6. 69, v. 19,

653. When a soldier is discharged from the service, Travel allow. except by way of punishment for an offense, he shall charged soldiers. be allowed transportation and subsistence from the place conduct proviso. of his discharge to the place of his enlistment, enroll- 14, s. 22, v. 2, 674; ment, or original muster into the service. The Govern- s. 15, v. 2, p. 796; ment may furnish the same in kind, but in case it shall not 145, s. 8, v. 13, p. do so, he shall be allowed travel-pay and commutation of 1874, c. 285, v. 18, subsistence for such time as may be sufficient for him to travel from the place of discharge to the place of his enlistment, enrollment, or original muster into the service, computed at the rate of one day for every twenty miles: Provided, That no enlisted man discharged by order of the Secretary of War for disability caused by his own misconduct shall be entitled to the travel allowances provided for in section twelve hundred and ninety of the Revised Statutes. Act of March 16, 1896 (29 Stat. L., 63).

1 The travel allowances of enlisted men consist of transportation and subsistence, which are furnished in kind in all practicable cases. For statutory provisions respecting transportation see note 1 to paragraph 545, ante; for provisions respecting subsistence see paragraph 580, ante.

An enlisted man of the Army is not entitled to transportation from the place of his discharge to the place of his enlistment, under section 1286, Revised Statutes, unless his connection with the service be actually and finally severed. Such connection is not so severed when he is discharged to accept promotion, discharge in that case being a formality attendant upon his promotion. Reichmann v. U S., 24 C. Cls. R., 485. A soldier discharged at his own request is not entitled to travel pay. Thornton v. U. S., 27 ibid., 342.

Traveling allowances to discharged soldiers are computed by taking the distance in miles by the shortest usually traveled route from place of discharge to that of enlistment, and allowing one day's pay, and subsistence at the rate of 30 cents, for every 20 miles of travel. If in the computation there remains a fraction of 10 miles or more, it will be reckoned as a full day; if less, it will not be considered. If transportation has been furnished for any part of the distance, that part will be excluded from the computation of travel pay, but subsistence for the full distance will be allowed. (Par. 1385, A. R., 1895.)

An enlisted man discharged for minority concealed at enlistment, or for other cause involving fraud on his part in the enlistment, is not entitled to pay and allowances, including those for travel, and will not receive final statements unless deposits or detained pay are due him, in which case final statements, containing only a list of his deposits or the amount of detained pay, will be furnished. (Par. 1386, ibid.)

Recruits are entitled to pay and allowances when discharged on certificates of disability. When discharged for any cause involving fraud on their part at eulistment, paragraph 1386 will govern. (Par. 1387, ibid.)

DESERTERS.

An enlisted man charged with desertion will not receive pay until his offense has been investigated by a court-martial or he has been restored to duty without trial. (Par. 1380, A.R. 1895.)

Every deserter forfeits all pay and allowances due at the date of desertion. Stoppages and forfeitures then due will be deducted from his arrears of pay, and, if not so satisfied, from pay due after apprehension. The company commander will note upon the first muster roll after apprehension all data necessary to a complete settlenient of the soldier's account from the date of last payment, and will carry the account to subsequent rolls until the settlement is made. No settlement of the pay account of any enlisted man will be made on the rolls until sufficient pay shall have accrued to satisfy all dues to the United States and pay a balance to the soldier. The required data will include date of last payment, desertion, and apprehension, credits at date of desertion on account of clothing, unsatisfied forfeitures under prior sentences, and dues to the United States at date of desertion on account of clothing. subsistence, ordnance, etc. If, while absent in desertion, he illegally enlisted in another organization, the date of last payment in such enlistment and all stoppage due the United States at date of surrender or apprehension will be stated. (Par. 1381, ibid.)

1896, v. 29. p. 63. Sec. 1290, R. S.

p. 244; Mar. 16,

DEPOSITS.

Deposits of soldiers savings.

161, s. 1, v. 17, p.

654. Any enlisted man of the Army may deposit his May 15, 1872, c. savings, in sums not less than five dollars, with any Army 117; Mar. 3, 1883, paymaster, who shall furnish him a deposit-book, in which Sec. 1305, R. S. shall be entered the name of the paymaster and of the

v. 22, p. 456.

Interest on deposits.

soldier, and the amount, date, and place of such deposit. The money so deposited shall be accounted for in the same manner as other public funds, and shall pass to the credit of the appropriation for the pay of the Army, and shall not be subject to forfeiture by sentence of court-martial, but shall be forfeited by desertion, and shall not be permitted to be paid until final payment on discharge, or to the heirs or representatives of a deceased soldier, and that such deposit be exempt from liability for such soldier's debts: Provided, That the Government shall be liable for the amount deposited to the person so depositing the same.'

655. For any sums not less than five dollars so deposited May 15, 1872, c. for the period of six months or longer, the soldier, on his final discharge, shall be paid interest at the rate of four per centum per annum.2

161, s. 2, v. 17, p. 117.

Sec. 1306, R. S.

Regulations for deposits to be

656. The system of deposits herein established shall be made by Secre- carried into execution under such regulations as may be tary of War. May 15, 1872, c. established by the Secretary of War.3

161, s. 4, v. 17, p.

117.

Sec. 1307, R. S.

The act of June 16, 1890 (26 Stat. L.. 157), contains the requirement that the sums retained from the monthly pay of enlisted men under sections 1281 and 1282, Revised Statutes, shall be treated as deposits upon which interest shall be paid in accordance with sections 1305, 1306, 1307, and 1308, Revised Statutes.

2 Amended by the act of March 3, 1883 (22 Stat. L., 456), so as to authorize the de posit, at interest, of sums not less than $5 in amount.

Under the authority conferred by this statute the following regulations have been prepared and promulgated by the Secretary of War:

Any enlisted man, not retired may deposit his savings with any paymaster in sums not less than $5, the same to remain so deposited until final payment on discharge. The paymaster will furnish the depositor with a book in which each de posit, with name of depositor, date, place, and amount, in words and figures, will be entered in the form of a certificate, signed by the paymaster and company com mander. The company commander will keep in the company record book an account of every deposit made by the soldier; and after cach regular payment he, and all officers having charge of detachments of enlisted men at date of deposit, will transmit, direct to the Paymaster-General, a list of names of depositors, showing in each case the date, place, and amount of deposit, and name of paymaster receiving the same. These lists, before transmittal will be examined and compared with the record of deposits on the company or detachment book and the deposit book of the soldier. Should a soldier who has made a deposit be transferred or desert, the fact will be promptly reported direct to the Paymaster General by the officer in command of the company or detachment to which he belonged. In case of transfer his de scriptive list will be made to exhibit the date and amount of each deposit. (Par. 1371, A. R., 1895.)

On the discharge of a soldier the date and amount, in words and figures of each of his deposits will be entered upon his final statements, and his deposit book will be taken up by the paymaster who pays him and filed with the voucher of payment. In case deposits are forfeited by desertion, the amounts of the same will be entered on the final statements under the head "Remarks," and the facts and authority for such forfeiture given. (Par. 1372, ibid.)

Before delivering final statements upon which deposits are credited, the officer signing them will ascertain whether the soldier has the deposit book; and if so, instruct him to present it to the paymaster. Should he claim to have lost it, the officer will cause his affidavit to that effect to be taken and attached to the statements. The affidavit will clearly state the circumstances attending loss of the book, and show that the soldier has not sold or assigned it. Upon this evidence the paymaster may pay and the responsibility for the correctness of amounts credited on the statements will rest with the officer certifying them. (Par. 1373, ibid.)

Paymasters will not pay deposits except on final statements. When they are not paid the soldier should forward his deposit book or the evidence referred to in the

ble at discharge.

161, s. 5, v. 17, p.

657. The amounts of deposits and clothing-balances accu- Deposits payamulating to the soldier's credit under sections thirteen, May 15, 1872, c. hundred and two and thirteen hundred and five, shall, when 117. payable to him upon his discharge, be paid out of the appropriations for "pay of the Army" for the then current fiscal year.

MISCELLANEOUS PROVISIONS.

Sec. 1308, R. S.

Deductions for rations pur. chased by offi

cers.

Mar. 3, 1865, c. 497: July 28, 1866,

81, s. 5. v. 13, p.

658. The amount due from any officer for rations purchased on credit, or for any article designated by the inspectors-general of the Army and purchased on credit from commissaries of subsistence, shall be deducted from the payment made to such officer next after such purchase shall p. 336. have been reported to the Paymaster-General.

659. The amount due from any enlisted man for articles designated by the inspectors-general of the Army, and sold to him on credit by commissaries of subsistence, shall be deducted from the payment made to him next after such sale shall have been reported to the Paymaster-General. 660. The amount due from any enlisted man for tobacco sold to him at cost prices by the United States shall be deducted from his pay in the manner provided for the settlement of clothing accounts.'

c. 299, s. 25. v. 14,

Sec. 1299, R. S.

For articles purchased by enlisted men.

July 28, 1866, c.

299, s. 25, v. 14, p.

336.

Sec. 1300, B. S.

For tobacco Mar. 3, 1865. c. 81, s. 6, v. 13, p.497. Sec. 1301, R. S.

purchased.

Pay of volun

teers.

Mar. 2, 1867, c.

159, s. 2, v. 14, p.

661. In all matters relating to the pay and allowances of officers and soldiers of the Army of the United States, the, same rules and regulations shall apply to the Regular Army 435. and to volunteer forces mustered into the service of the United States for a limited period.

preceding paragraph to the Paymaster General. Enlisted men should be informed of the importance of preserving deposit books as the only certain means of insuring prompt repayment. (Par. 1374, ibid.)

On the death of a soldier each deposit, with amount, date, place, and paymaster with whom deposited, will be noted in the inventory of his effects, and on the accompanying final statements with which his deposit book will be filed. (Par. 1377, ibid.)

Both deposits and interest will be forfeited by desertion, but are exempt from forfeiture by sentence of court-martial and from liability for the soldier's debts. (Par. 1378, ibid.)

The retained pay of enlisted men will be treated as deposits to the extent that it draws interest from the end of the year of the enlistment in which retained. It is subject to forfeiture for any of the causes set forth in paragraph 1369, and is carried to the credit of the soldier on his final statements, subject to deduction for debts due the United States at the date of discharge. (Par. 1379, ibid.)

The act of August 6, 1894 (28 Stat. L., 236), contains the proviso "that hereafter sums known as detained pay, which have already been or may hereafter be withheld from the monthly pay of enlisted men of the Army in obedience to court-martial sentences, shall when repaid become a charge against the fund pay of the Army' for the year in which said enlisted men have been or may be discharged."

For provisions of statutes respecting deductions from the pay of enlisted men for the money value of clothing not drawn, see sections 1302 and 1308, Revised Statutes. For pay ($2 per month) to enlisted men to whom certificates of merit have been awarded under section 1285, Revised Statutes, see the chapter entitled BREVETS, MEDALS OF HONOR, AND CERTIFICATES OF MERIT. For provisions relating to the reimbursement of the United States for damages done to arms, equipments, etc., see paragraph 870 in the chapter entitled THE ORDNANCE Department.

Sec. 1292, R. S.

Sec. 4, June 23,

Mar. 1, 1887, v.

675. Rank and pay.

676. Examination.

677. Privates; duties.

678. Pay and allowances.
679. Acting hospital stewards.

Department of the Army1 shall Surgeon General, with the rank,

1874, v. 18, p. 244; pay, and emoluments of a brigadier general; two assistant 24, p. 435; July Surgeon-generals, with the rank, pay, and emoluments of 61; July 27, 1892, colonels, and two deputy surgeon generals, with the rank, 18, 1891, v. 28, p. pay, and emoluments of lieutenant-colonels,2 who shall give

26, 1870, v. 19, p.

v. 27, p. 276; Aug.

403.

the same bonds which are or may be required of assistant paymasters-general of like grade, and shall, when not act ing as purveyors, be assignable to duty as surgeons by the President; fifty surgeons, with the rank, pay, and emoluments of majors; one hundred and ten assistant surgeons, with the rank, pay, and emoluments of lieutenants of cavalry3 for the first five years' service, and with the rank, pay, and emoluments of captains of cavalry after five years' cies in grade of service; and all the original vacancies in the grade of assistant surgeon shall be filled by selection by competitive Contract sur examination. And the number of contract-surgeons shall be limited to seventy-five on or before the first day of

Original vacan

assistant sur.

geon; how filled.

geons limited.

4

1 Section 1168, Revised Statutes, was replaced by section 4, of the act of June 23, 1874 (18 Stat. L., 244), reorganizing the staff corps of the Army. For general provi sions respecting appointments and promotions in the Medical Department, see the chapter entitled THE STAFF DEPARTMENTS.

The act of July 27, 1892 (27 Stat. L., 276), provided that the grade of officers holding the rank of colonel in the Medical Department should be that of assistant surgeon general, and that the grade of officers holding the rank of lieutenant colonel should be that of deputy surgeon general.

3 The number of assistant surgeons was fixed at 125 by the act of July 26, 1876 (19 Stat. L., 61), and at 110 by the act of August 18, 1894 (28 Stat. L, 403).

4 The office of medical storekeeper was abolished by the act of July 26, 1876 (19 Stat. L., 61).

January in the year eighteen hundred and seventy-five; and thereafter no more than that number shall be employed.' Sec. 4, act of June 23, 1874 (18 Stat. L., 244).

tain medical offi

cers.

July 27, 1892, v.

663. That from and after the passage of this act the Grades of cergrade of certain medical officers of the Army below that of Surgeon-General shall be as follows: Those holding the 27, p. 276. rank of colonel, assistant surgeon-generals; those holding the rank of lieutenant-colonel, deputy surgeon-generals.

June 30, 1834, c.

714.

Sec. 1172, R. S.

664. No person shall receive the appointment of assistant Examinations. surgeon unless he shall have been examined and approved 133, s. 1, v. 4, p. by an Army medical board, consisting of not less than three surgeons or assistant surgeons, designated by the Secretary of War; and no person shall receive the appointment of surgeon unless he shall have served at least five years as an assistant surgeon in the Regular Army, and shall have been examined and approved by an Army medical board, consisting of not less than three surgeons, designated as aforesaid.2

Volunteerserv. ice of assistant

665. Assistant surgeons who have served three years as surgeons or assistant surgeons in the volunteer forces [shall] 3 surgeons. be eligible to promotion to the grade of captain.

Mar. 2, 1867, c. 145, s. 5, v. 14, p. 423.

Sec. 1170, R. S.

of assistant sur

geons for promo

tion.

V. 26, p. 562. Sec. 2, July 27, 1892, v. 27, p. 276.

666. That before receiving the rank of captain of cavalry, Examination assistant surgeons shall be examined, under the provisions of an act approved October first, eighteen hundred and ninety, entitled "An act to provide for the examination of certain officers of the Army and to regulate promotions therein." Sec. 2, act of July 27, 1892 (27 Stat. L., 276).

667. Officers of the Medical Department shall take rank and precedence in accordance with date of commission or appointment, and shall be so borne on the official Army Register. Act of July 5, 1884 (23 Stat. L., 111).

668. Officers of the Medical Department of the Army shall not be entitled, in virtue of their rank, to command in the line or in other staff corps.

669. That medical officers of the Army may be assigned by the Secretary of War to such duties as the interests of the service may demand.^

'Since the act of July 16, 1892 (27 Stat. L., 175), contract surgeons, as such, have not been provided for in the annual appropriation bills. The number of officers of this grade was fixed at 75 by the act of June 23, 1874 (18 Stat. L., 244); at 75 by the acts of July 30, 1886 (24 Stat. L., 95), and February 9, 1887 (24 Stat. L., 396); and at 50 by the acts of September 22, 1888 (25 Stat. L., 482), and March 2, 1889 (25 Stat. L., 827).

No allowance will be made for the expenses of persons undergoing examination, but those who receive appointments will be entitled to travel allowances in obeying the first order assigning them to duty (Par. 1395, A. R., 1895). The word "shall" omitted from the roll.

The Medical Department, under the direction of the Secretary of War, is charged with the duty of investigating the sanitary condition of the Army and making recommendations in reference thereto, with the duty of caring for the sick and wounded, making physical examinations of officers and enlisted men, and furnishing all medical and hospital supplies, except for public animals. (Par. 1392, A. R., 1895).

1919-16

Rank and preJuly 5, 1884, v. 23, p. 111.

cedence.

mand.

Right of com
Feb. 11, 1847, c.

8, s. 8, v. 9, p. 125.
Sec. 1169, R. S.

Assignment to sec. 3, July 27,

duty.

1892, v. 27, p. 277.