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thereof, in active service for such period as he may determine the conditions demand. Sec. 31, id.
1031h. Enlistments in the Regular Army and in, in force at outbreak of war to continue for one year.-All enlistments in the Regu. lar Army, including those in the Regular Army Reserve, which are in force on the date of the outbreak of war shall continue in force for one year, unless sooner terminated by order of the Secretary of war, but nothing herein shall be construed to shorten the time of enlistment prescribed. Id.
(See paragraph 1031a as to term of enlistment.)
1031h1. Period of enlistments in Regular Army and Regular Army Reserve in force on approval of Act.-All enlistments, including those in the Regular Army Reserve, which are in force on the date of the approval of this Act and which would terminate during the emergency shall continue in force during the emergency unless sooner discharged; but nothing herein contained shall be construed to shorten the period of any existing enlistment. Sec. 7, Act of May 18, 1917 (40 Stat. 81).
(For the preceding provision of this section see paragraph 1661, post, and for ensuing provision see paragraph 1662, post.)
* Held, that the law contemplates that the President may cause reservists to be organized at all times in the manner indicated and that, in the discretion of the President, they may be attached as such to organizations of the Regular Army that are at maximum strength, but when so attached they are not constituent parts of such organizations and form no part of the numbers author. ized by law for such organizations. (War Dept. Bull. 34, Sept. 12, 1916.)
Held, that when so assigned, reservists are eligible for promotion as other members of the organizations who are serving in the active period of their enlistment. (War Dept. Bull. 39, Oct. 6, 1916.)
Held as follows:
(a) Under the statute a reservist is entitled to active-duty pay and allowances from the time he reports in person in response to a mobilization order until the time he is actually excused.
(b) As to whether clothing is an allowance to which a reservist is entitled under the circumstances stated, depends upon whether he actually avails himself of such allowance. Clothing is essentially an allowance in kind, furnished for use of enlisted men when they are accepted for actual service, and is commuted to a money value merely for convenience. Therefore, until a reservist is examined and found physically fit for service, and accepted for service, he is not entitled to any clothing allowance. After he is accepted for service he is entitled to draw clothing against his clothing allowance, but if he is excused before drawing clothing against his allowance he should not be credited with any such allowance.
(c) A reservist who, in obedience to a summons, reports at the designated place and is found physically qualified complies with the statute and his right to mobilization pay becomes vested and the same should be paid. (War Dept. Bull. 47, Nov. 16, 1916.)
Upon the discharge of an enlisted man of the Regular Army Reserve, recalled to active service, he is entitled to travel allowance from the place of his discharge to his home; that is, to the place from which he was furnished transportation when called to active duty. (Comp. Treas., Nov. 16, 1917; War Dept. Bull. 72, Dec, 24, 1917.)
l'pon questions (a) whether soldiers could legally be discharged by reason of expiration of term of enlistment subsequent to the passage of the act of May
1031h4. Discharge of enlisted men of Regular Army and National Guard on termination of emergency.-All persons who have enlisted since April first, nineteen hundred and seventeen, either in the Reg. ular Army or in the National Guard, and all persons who have enlisted in the National Guard since June third, nineteen hundred and sixteen, upon their application, shall be discharged upon the termination of the existing emergency. Id.
(For the preceding provision of this section see paragraph 1662, post, and for the ensuing provision see paragraph 1044b, post.)
1031i. Annual rate of pay for members of.–Subject to such regulations as the President may prescribe for their proper identification, and location, and physical condition, the members of the Regular Army Reserve shall be paid semiannually at the rate of $24 a year while in the reserve. Sec. 31, Act of June 3, 1916 (39 Stat. 188).
1031j. Same-Active service pay.—When mobilized by order of the President, the members of the Regular Army Reserve shall, so long as they may remain in active service, receive the pay and allowances of enlisted men of the Regular Army of like grades. Sec. 32, id. 188.
1031k. Same-Continuous service pay during active service.-Any enlisted man who shall have reenlisted in the Regular Army Reserve shall receive during such active service the additional pay now provided by law for enlisted men in his arm of the service in the second enlistment period. Id.
(See par. 708, ante, for rates of continuous-service pay to enlisted men of Regular Army.)
10311. Bounty of reservists upon reporting for active duty if physically qualified. Upon reporting for duty, and being found physically fit for service, members of the Regular Army Reserve shall receive a sum equal to $3 per month for each month during which they shall have belonged to the reserve, as well as the actual necessary cost of transportation and subsistence from their homes to the
18, 1917, and (b) whether that act was effective to continue in force enlistments in the National Guard,
Held, that question (a) must be answered in the negative since the provision contained in section 7 of the act of May 18, 1917, is an inhibition against discharges -unless ordered by the Secretary of War under his general power to grant discharges in the interest of the Government, and since the soldier's enlistment is prolonged for the period of the emergency by the provision quoted, a discharge for the purpose of immediate enlistment would involve administrative labor and a multiplication of records without any resultant benefit to the Government.
Held further as to question (b), that since the provision quoted is applicable to “ all enlistments,” it is applicable to enlistments in the National Guarı, they being enlistments in the National Guard of the United States as well as in the National Guard of a State; and the question is answered in the affirmative. (War Dept. Bull. 49, Aug. 22, 1917.)
places at which they may be ordered to report for duty under such summons.1 1d.
1031m. Service in, confers no right to retirement or retired pay; pensionable status.-Service in the Regular Army Reserve shall confer no right to retirement or retired pay, and members of the Regular Army Reserve shall become entitled to pension only through disability incurred while on active duty in the service of the United States. Id.
1031n. Use of other Government departments for paying, mobilizing, etc., reserve organizations.—The President may, subject to such rules and regulations as in his judgment may be necessary, utilize the services of members and employees of all departments of the Government of the United States, without expense to the individual reservist, for keeping in touch with, paying, and mobilizing the Regular Army Reserve, the Enlisted Reserve Corps, and other reserve organizations. Sec. 33, id. 188.
10310. Bounty for reenlistment in time of war of certain honorably discharged men as an auxiliary to.-For the purpose of utilizing as an auxiliary to the Regular Army Reserves the services of men who have had experience and training in the Regular Army, or in the United States Volunteers, outside of the continental limits of the United States, in time of actual or threatened hostilities, and after the President shall, by proclamation, have called upon honorably discharged soldiers of the Regular Army to present themselves for reenlistment therein within a specified period, subject to such conditions as may be prescribed, any person who shall have been dis
*In the case of an enlisted man of the regular Army Reserve called to the colors for active service who was convicted by general court-martial and sentence] to be dishonorably discharged "and to forfeit all pay and allowances now due and to become due while under confinement un:ler this sentence,"
Held, that the sentence operated to forfeit not only the unpaid pay for active service which became due and payable monthly and the balance, if any, due the soldier on account of clothing and other allowances, but included as well the amounts which had become due the soldier upon his reporting for active duty in response to the I resident's sunimons, snown as mobilization and reservist's pay, which had not been paid him at the time of his conviction and sentence, this view being in consonance with the decision of the Supreme Court in the Lunders case (92 U. S., 80), in which it was held
“The bounty which the petitioner claimed was included in the allowances for. feited. Under the term 'allowances' everything was embraced which could be recovered from the Government by the soldier in consideration of his enlistment and services, except the stipulated monthly comperisation designated as pay."
In the instant case the soldier became entitled under section 31 of the act of June 3 1916, upon reporting for duty and being found physically fit for service, to the sum of $8.07 as reservist's pay, being $2 per month for period from June 3, 1916, to July 18, 1916, and, under the provisions of section 32 of the same act he became entitled to $15.30 as mobilization pay, being $3 per month for the entire period of his furlough from February 16, 1910, to July 18, 1916, inclusive.
Heid, that so much of paragraph 86 of the Regulations for the Regular Army Reserve, published August 15, 1916, as specifie: $5 per month as the rate of mobilization pay up to June 2, 1916, is invalid. (Comp. Treas., Apr, 20, 1917; War Dept. Bull. 26, May 7, 1917.)
charged honorably from said Army, with character reported as at least good, and who, having been found physically qualified for the duties of a soldier, if not over fifty years of age, shall reenlist in the line of said Army, or in the Signal, Quartermaster, or Medical Department thereof, within the period that shall be specified in said proclamation, shall receive on so reenlisting a bounty which shall be computed at the rate of $8 for each month for the first year of the period that shall have elapsed since his last discharge from the Regular Army and the date of his reenlistment therein under the terms of said proclamation; at the rate of $6 per month for the second year of such period; at the rate of $1 per month for the third year of such period; and at the rate of $2 per month for any subsequent year of such period; but no bounty in excess of $300 shall be paid to any person under the terms of this section. Sec. 34, id.
1032a. Premium for recruits may be paid to third and fourth class pastmasters for securing.-The President is authorized in his discretion to utilize the services of postmasters of the second, third, and fourth classes in procuring the enlistment of recruits for the Army, and for each recruit accepted for enlistment in the Army the postmaster procuring his enlistment shall receive the sum of $5. Sec. 27, id. 186.
(For the provision of this section immediately preceding this paragraph see paragraph 1028a, and for the ensuing provisions see paragraphs 1293a and 1293b.)
1032b. Repeal of premium for recruits.-Section eleven hundred and twenty of the Revised Statutes of the United States be, and the same is hereby, repealed. Sec 1120, R. S., repealed by Act of May 12, 1917 (40 Stat. 53).
1034a. Reenlistment of noncommissioned officer within twenty days with rank of discharge.-Any noncommissioned officer discharged with an excellent character shall be permitted, at the expiration of three years in the active service, to reenlist in the organization from which discharged with the rank and grade held by him at the time of his discharge if he reenlists within twenty days after the date of such discharge. Sec. 27, Act of June 3, 1916 (39 Stat. 186).
(For the provision of this section immediately preceding this paragraph see paragraph 1031d, and for the ensuing provision see paragraph 1028a.)
1043a. Discharge by purchase may be final or by furlough to Regular Army Reserve.-When an enlisted man is discharged by purchase while in active service he shall be furloughed to the Regular Army Reserve, unless, in the discretion of the Secretary of War, he is given a final discharge from the Army. Sec. 29, Id. 187.
(For the provision of this section Immediately preceding this paragraph see paragraph 1044a.)
1043b. Reenlistment of men discharged from Army to accept commissions in National Guard, etc.-The enlisted men who were discharged from the Army to accept a commission in the National Guard, or in any volunteer force that may be authorized in the future, at the call of the President, June eighteenth, nineteen hundred and sixteen, be restored to their original status upon reenlisting in the Regular Army.' Act of May 12, 1917 (40 Stat. 74).
1043c. Same-Computation of continuous service pay.—That they reenlist within three months from date of muster out of the United States service, and that in computing service for retirement and continuous service pay, service as an officer in the National Guard, or in any volunteer force that may be authorized in the future, while in the service of the United States, be counted. Id.
1043d. Computation of continuous service pay of discharged enlisted men serving as officers of National Guard, in Officers' Reserve Corps, etc.—Hereafter any enlisted man of the Army who shall be discharged to enable him to accept a commission in the Officers' Reserve Corps, or in any National Guard or militia organization, or in any volunteer force that may be authorized in the future, and who shall enlist in the Army within three months after the termination of his connection as an officer with that corps, or with any organization of the National Guard or militia, or a volunteer force, or during the continuation of his connection therewith, as an officer, shall, in computing continuous service pay now authorized by law, be entitled to credit for the period of time actually served by him prior to said discharge, and in computing service for retirement and continuous service pay, service as an officer of the National Guard, while in the service of the United States, service in any volunteer force, and service in the Officers' Reserve Corps in active service shall be counted. Id.
1044a. Discharge or furlough to Regular Army Reserve on account of dependency of member of family.-When by reason of death or disability of a member of the family of an enlisted man occurring
1 The Army appropriation act of May 12, 1917, provides for the restoration of status in the Regular Army of an enlisted man who shall be discharged to accept a commission in the Officers' Reserve Corps, in the National Guard, or militia organization, or in any volunteer force, and who shall enlist within three months after the termination of his connection as an officer with that corps, etc, Ichi, that an en stol man who is discharged from the Regular Army to accept a temporary commission in the Regular Army would not be entitled upon reenlistment to occupy his previous status in the Regular Army. (War Dept. Bull. 72, Dec. 24, 1917.)