after his enlistment members of his family become dependent upon him for support, he may, in the discretion of the Secretary of War, be discharged from the service of the United States or be furloughed to the Regular Army Reserve, upon due proof being made of such condition. Sec. 29, Act of June 3, 1916 (39 Stat. 187).

(For the preceding provision of this section see paragraph 1031e, and for the ensuing provision see paragraph 1043a.)

1044b. Discharge of enlisted men on account of dependents, active duty of retired enlisted men, grades and pay.-The President may provide for the discharge of any or all enlisted men whose status with respect to dependents' renders such discharge advisable; and he may also authorize the employment on any active duty of retired enlisted men of the Regular Army, either with their rank on the retired list or in higher enlisted grades, and such retired enlisted men shall receive the full pay and allowances of the grades in which they are actively employed. Sec. 7, Act of May 18, 1917 (40 Stat. 81). (For the preceding provision of this section seen paragraph 1031h, ante, and for the ensuing section see paragraphs 1663, 1664, post.)

1 Held, that this provision is applicable to all discharges by purchase issued on and after the date of the approval of the act, irrespective of the time when the soldier enlisted.

Held, that this provision as a whole is inapplicable to the National Guard, in view of the alternative of furloughing the soldier "to the Regular Army Reserve," and that its terms indicate that it was intended to apply only to the Regular Army. (War Dept. Bull. 18, July 8, 1916.)

Held, that this provision repeals section 30 of the act of February 2, 1901 (31 Stat., 756), which authorized the discharge only upon the death of a dependent parent and after one year's service. (War Dept. Bull. 28, Aug. 18, 1916.)

2

An enlisted man, who was entitled to an honorable discharge because of dependent relatives, through error was given a discharge without honor reciting that he was discharged on account of fraudulent enlistment. Although the certificate of discharge, having been executed, can not be revoked, it can be corrected by an indorsement thereon so as to show the true facts. The records of the War Department can be similarly corrected. These corrections having been made, the man's right to the usual pay and transportation will accrue as upon an honorable discharge. (Dig. Opin. J. A. G., February, 1918.)

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It was directed in War Department orders that certain retired enlisted men named therein, are assigned to active duty in their grades, to take effect June 20, 1917, and will be sent by the commanding general of the department in which the soldiers reside to the stations indicated for assignment to active duty." The men were not directed by the department commander to report for active duty until some time after June 20, 1917, and the question was presented whether they were entitled to active-duty pay from June 20, the date named in War Department orders as the date of their assignment to active duty. Section 7 of the act of May 18, 1917, provides that the President may "authorize the employment on any active duty of retired enlisted men of the Regular Army, either with their rank on the retired list or in the higher enlisted grades, and such retired enlisted men shall receive the full pay and allowances of the grades in which they are actively employed.

Held, that the statute indicates clearly that the soldiers must be employed on active duty before full pay and allowances can accrue; that the War Department order in such cases is to be regarded only as authority for employment of the men on active duty and does not have the effect of authorizing pay from the date mentioned therein, and that under the statute active-duty pay does not commence until the men start in response to specific orders to report for duty. War Dept. Bull. 54, Sept. 26, 1917.)

1045a. Travel allowance of enlisted men on discharge.-On and after July first, nineteen hundred and sixteen, an enlisted man when discharged from the service, except by way of punishment for an offense, shall receive 3 cents per mile from the place of his discharge to the place of his acceptance for enlistment, enrollment, or original muster into the service, at his option.1 Sec. 126, Act of June 3, 1916 (39 Stat. 217).

1

(For the ensuing provision of this section see paragraph 1046a.)

Held, that the act of August 24, 1912 (37 Stat. 575), providing for transportation and subsistence in kind for enlisted men on their discharge, or, in lieu thereof, 2 cents a mile, at the election of the soldier, was repealed by the act of June 3, 1916, and that on and after July 1, 1916, the payment of travel pay to enlisted men of the Army on discharge will be governed by the acts of June 12, 1906 (34 Stat. 247), and June 3, 1916. The act of June 12, 1906, referred to provides:

"For the purpose of determining allowances for all travel under orders, or for officers and enlisted men on discharge, travel in the Philippine Archipelago, the Hawaiian Archipelago, the home waters of the United States, and between the United States and Alaska shall not be regarded as sea travel and shall be paid for at rates established by law for land travel within the boundaries of the United States."

Question (a) accordingly answered in the affirmative.

Held, as to question (b) that the language "at his option" in section 126 of the national defense act has operation only with reference to the preceding words "enrollment" or "original muster into the service"; that as these terms are not properly applicable to enlisted men of the Regular Army, such enlisted men on discharge are entitled to travel allowances only to the place of their acceptance for enlistment, i. e., the place of initial acceptance, it being the purpose of the act to return a man to the place from which he was taken by the Government. As to enlisted men of volunteer or militia organizations to which the terms "enrollment" or "muster into the service" may apply, they may exercise an option. If a man enters the military service as a part of a recog nized organization which has been enrolled for the purpose of becoming a part of the Army, and such organization is mustered into the service at a different place from that where the members were enrolled, he may, upon discharge or muster out, be allowed travel to the place of his enrollment or to the place of his muster in, as he may elect, or, in the language of the statute. "at his option." Answering question (b) specifically, an enlisted man of the Regular Army is entitled to travel pay only to the place of his acceptance for enlistment. (Comp. W. W. Warwick, June 26, 1916; War Dept. Bull. 18, July 8, 1916.)

An enlisted man was arrested and tried by the civil authorities on a charge of burglary. His trial resulted in conviction, but the sentence was suspended and the soldier returned to the military authorities. About a month thereafter he was discharged by order of the department commander because "convicted by a civil court of the crime of burglary." The question was presented whether he was entitled to travel pay upon his discharge. Section 126, national defense act of June 3, 1916, declares that enlisted men when discharged from the service, "except by way of punishment for an offense," shall be entitled to the travel allowances therein provided.

Held, that upon the discharge of a soldier he is entitled to travel pay unless his discharge was (a) by way of punishment for an offense, (b) by way of favor or for his own convenience, or (c) he was withdrawn from the military service by the civil authorities, and that in the instant case the soldier must be regarded as having by his own conduct created the conditions which caused his separation from the military service under (c), and that he was therefore not entitled to travel pay upon his discharge. (Comp. Treas., July 23, 1917; War Dept. Bull. 49, Aug. 22, 1917.)

An enlisted man discharged to accept a commission in the Officers' Reserve Corps, and immediately called into active service, is not entitled to a travel allowance under the provisions of paragraphs 1296 and 1378. Army Regulations, and section 126 of the national defense act of June 3, 1916. This decision is

1045b. Same-Applies to enlisted men of National Guard on dis charge from United States.-Nothing contained in the Act making appropriations for the support of the Army for the fiscal year nineteen hundred and seventeen shall be construed as precluding the payment of travel allowance as provided in section one hundred and twenty-six of the Act approved June third, nineteen hundred and sixteen, to enlisted men of the National Guard on their discharge from the service of the United States, and the appropriation for the transportation of the Army and its supplies for the fiscal year nineteen hundred and seventeen shall be available for this purpose and also for the purpose of paying travel pay to officers of the National Guard on their discharge from the service of the United States, as prescribed in the Act approved March second, nineteen hundred and one. Act of Sept. 8, 1916 (39 Stat. 810).

1046a. Sea travel on discharge.-For sea travel on discharge transportation and subsistence only shall be furnished to enlisted men. Sec. 126, Act of June 3, 1916 (39 Stat. 217).

1064a. Alien enemies not admitted to citizenship.-No alien who is a native citizen or subject, or a denizen of any country, state, or sovereignty with which the United States are at war, at the time of his application, shall be then admitted to become a citizen of the United States. Sec. 2171, R. S.

based upon a ruling of the Comptroller of the Treasury (24 Comp. Dec. 345) that an enlisted man discharged to enable him to reenlist was not within the meaning of the statute as he was not discharged from the service. Where, however, a soldier so discharged to accept a commission is not at once called to active duty but proceeds to his home and from there is subsequently ordered · on active duty, he is entitled to travel pay as a discharged enlisted man from the place of his discharge to the place of his enlistment. (National defense act of June 3, 1916, sec. 126), and to mileage from the place where he received his orders placing him on active duty (A. B. 1296—C. A. R. No. 62, Nov. 5, 1917; Dig. Opin. J. A. G., January, 1918.)