Mmmm^^^ .ANUAL I ; !sm^ I ARMY REVISED TO INCLUDE AUGUST 15, 1910 liiilimii FROM THE UNITED STATES GOVERNMENT THROUGH THE SUPERINTENDENT OF DOCUMENTS ^506 Rev. Stat, prohibits the withdrawal of this book for home use. 7808 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030743987 MANUAL FOR THE PAY DEPARTMENT REVISED TO INCLUDE AUGUST 15, 1910 WASHINGTON GOVERNMENT PRINTING OFFICE 1910 ^YAR Department, Document No. 37li. Office of the J'nijitinslrr-(Jnirrnl . War Department, Office of the Chief of Staff, Washington, August 20, 1910. The following Manual for the Pay Department, revised to include August 15, 1910, compiled under the direction of the Paymaster-Gen- eral of the Army, is approved and published for the information and guidance of the Regular Army and Organized Militia of the United States. By order of the Secretary of War: Leonard Wood, Major-General, Chief of Staff. 3 CONTENTS. Page. Pay Department 7 Paragraphs. Advance of public money 1-4 Allotments 5-27 Army reorganization 28-29 Assigned accounts 30-34 Final statements 35-40 Pay accounts 41-50 Blanks 51-53 Bonds 54-63 Chaplains 64-67 Check books 68-75 Checks 76-93 Claims 94-99 Clerks and messengers 100-105 Clothing allowance 106-117 Commutation of quarters 118-131 Absent from station 132-145 Not entitled 146-152 Comptroller 153-157 Computer, Artillery Board 15S Contract surgeons 159-169 Mileage 170-175 Courts, courts-martial, etc 176-182 Fees 183-185 Reporters 186-189 Witnesses 190-206 Witnesses, civil courts 207-210 Decedents, insane, and prisoners 211-220 Dental surgeons 221-222 Deposits 223-232 Interest 233-237 Deserters 238-264 Engineers 265 Expert accountant 266 Hospital Corps 267-271 Hospital matrons 272-273 Indian scouts 274-278 Leave of absence 279-296 Medical Corps 297 Medical Reserve Corps 298-300 Mileage 301-320 Actual expenses 321-328 Deductions 329-332 Distances 333-336 In district 337-339 Inspection duty 340-346 Not entitled 347-353 On leave of absence 354-369 Orders 370-380 Military Academy 381-394 Cadets 395^02 Militia 403^08 Encampments 409-422 Nurse Corps 423^30 5 6 CONTENTS. Page. Paymaster-General 431-437 Paymasters 438-451 Chiefs ■'52-460 Reports -"'l-^S Paymasters' clerks 170-483 Traveling expenses 484-490 Paymasters' messengers 491-493 Pay of commissioned officers 494-515 Aids 516-621 Foreign service 622-534 Higher command 535-536 Longevity ,637-545 Miscellaneous duty 646-551 Mounts 652-560 Staff details 661-569 Pay of enlisted men 670-596 Absent without leave 696-602 Additional pay 003-631 Bonus lor reenlistment 632-638 By express or registered mail 639-658 Certificate of merit 669-660 Extra duly 001-669 Foreign service 070-674 Length of service 675-698 Nonconunissioned officers 699-717 Pay rolls 718-732 War pay 733 Pay on discharge 734-757 Final statements 768-767 Purchase 768-773 Phllipptae scouts 774-782 Porto Rico regiment 783-789 Public money 790-808 Accounts 809-823 Accounts current 824-829 Certificates of deposit 830-833 Laws protecting 834-846 Receipts 847-848 Suspensions 849-867 Vouchers 868-879 Retired enlisted men 880-894 Retired officers 896-910 Active duty 911-922 Mileage 923-927 WhoUy retired 928-931 Stoppages, enlisted men 932-960 Forfeitures 961-973 Stoppages, officers 974-968 Time 989-992 Translator 993 Travel pay to enlisted men 994-1004 Not entitled 1005-1010 Travel pay to officers 1011-1020 Veterinarians 1021-1027 Volunteers 1028-1033 ARMY PAYMASTERS' MANUAL. PAY DEPARTMENT. The Pay Department was established as such by the act of April 24, 1816.— .J Stat., 297. The Pay Department shall consist of — 1 brigadier-general, Paymaster-General. 3 colonels. Assistant Paymasters-General. 4 lieutenant-colonels, Deputy Paymasters-General. 20 majors, paymasters. 25 captains, paymasters.— .4c< Feb. 2, 1901, SI Stat., 754; O. 0., 9, 1901. Vacancies occurring in the office of Paymaster-General shall be filled by selection from officers holding permanent appointments in the Pay Department. Other vacan- cies which can not be filled by promotion by seniority shall be filled by detail from the line of the Army from the grade in which the vacancies exist for periods of four ye&m.—Act Feb. t, 1901, 31 Stat., 755; G. 0., 9, 1901. When volunteers are called into the service of the United States the President may appoint, by and with the advice and consent of the Senate, additional paymasters with the rank of major, not to exceed one for every two regiments of volunteers. — R. 8., 1184. "Officers of the Pay Department shall not be entitled in virtue of their rank, to command in the line or in other staff corps." — R. S., 1183. "An officer of the Pay or Medical Department can not exercise command, except in his own department; but any staff officer, by virtue of his commission, may com- mand all enlisted men like other commissioned officers." — A. R., 19, 1908. "The Pay Department has charge of the supply and distribution of and accounting for funds for the payment of the Army, and such other financial duties as are specially assigned to it."— ^. R., n7'Z, 1908. "Manuals issued by the staff departments and approved by the Secretary of War, when not in conflict with any of the provisions of Army Regulations, will have equal force therewith."—^. R., 1688, 1908. ADVANCE OF PUBLIC MONEY. 1. "No advance of public moneys shall be made in any case whatever. It shall, however, be lawful, under the special direction of the President, to make such advances to the disbursing ofiicers of the Government as may be necessary to the faithful and prompt discharge of their respective duties and to the fulfillment of the public engage- ments. The President may also direct such advances as he may deem necessary 7 8 ADVANCE OF PUBLIC MONEY. and proper to persons in the military and naval service employed on distant stations where the discharge of the pay and emoluments to which they may be entitled can not be regularly effected."— if. S., >?6-f,s\ 2. Advances under section oiilS, Revised Statutes, are not payments for serx'ices rendered, and the paymaster making the advance must show his authority and should not use pay vouchers, but should take credit "as for a transfer of funds;" and the officer receiving the money should render accounts the same as any other disbursing officer.— 4 Comp., 252, Xov. 22, 1S97. {Case Dr. Eiiie.) 3. "Payments made on the next to the last da>- of a month when the last day falls on Sunday or a legal holiday are not authorized by law, and where a disbursing officer makessuch payments he does so at his own risk." — 11 Comp. ,S6, Aug. 15, 1904. {Case Treasury Department.) 4. The provision of the act of May 26, 1898, amended by the act of July 7, 1898 {SO Stat., -',20 and 721), for the advance of one month's pay to officers and enlisted men about to embark for service in the Philippine Islands, has been construed by the Comptroller of the Treasury as applying to volunteer troops then in service and not to be either general or permanent lef^islation.— ''oiap., Jnnv 211, 1905; P. M. G. 0. 51395. ALLOTMENTS. 5. "The Secretary of War la authorized to permit enlisted men of the United States Army to make allotments of their pa\', under such regulations as he may pre- scribe, for the support of their families or relatives, for their own savings, or for other purposes, during such limi' as they may be absent on distant duty, or under other circumstances warranting such action."— .S'cc. 16, Act Mar. 2, 1S99, SO Stat., 981; 0. 0. S6, 1899. 6. "Every enlisted man absent on distant duty shall be allowed to allot such por- tion of his pay as he may desire for the support of his family or relatives, for his own savings, or for any other purpose, excepting that of obtaining an advance on his pay; but the allotment privileges to soldiers serving within the boundaries of the United States will be limited to the support of their families and relatives. " — A.R., 1366, 1908. 7. "As soon as possible after the receipt of an orderfordistantduty the commanding officers of troops, batteries, companies, bands, noncommissioned staff, signal or hospital corps, or any other detachments affected by such order will prepare allotments on the prescribed blanks lor all men nf their organizations who desire to make the same. When executed these allotments will be forwarded by registered mail to the Paymaster- General, who will make acknowledgment thereof to the respective commanding officers, stating the names of the grantors and the amounts and periods of the allot- ments, "—vl. R., 1367, amended by G. 0., 128, 1908. 8. "All allotments shall be executed in duplicate and witnessed by the respective commanding officers specified in paragraph 1367, one copy to be retained by said com- manding officers and the other to be forwarded immediately to the Paymaster-General. Before witnessing an allotment such commanding officer shall, however, satisfy hjm- self that the allf)tment is not made for the purpose of obtaining an advance on the sol- dier's pay. When a bank is designated as allottee, the immediate commanding officer of the grantor shall fiumish the bank, at the same time that he furnishes the allotment roll to the Paymaster-General, with the signature of the grantor, and also inform the bank of the amount and period of allotment. Such commanding officer shallalso, if possible, satisfy himself that the bank named has an existence. * * *." —A. R., 1368, 1908. 9. "When the grantor of an allotment desires it discontinued prior to the expiration of the period for which it was granted, the commanding officers specified in paragraph 1367 will prepare and transmit to the Paymaster-General, on the prescribed blank, the soldier's request for such discontinuance. This request must specify the month ALLOTMENTS. 9 for which the last payment is to be made, but the stoppage of pay to meet the allotment should be continued until receipt of the Paymaster-General's acknowledgment of request tor discontinuance. If on receipt of the request tor discontinuance of an allotment payment thereon has been made beyond the month specified (he Paymaster- General, in making acknowledgment, will state the date to which the allotment has been paid and direct the repayment to the soldier of any pay deducted in excess of the payments on the allotment. When an allotment is to run for the full period tor which granted no request for discontinuance or notice of the expiration is neces- sary."—^. R., 1370, amended by G. 0., 128, 1908. 10. The interpretation on which the Pay Department has hitherto acted that "allotments and discontinuances are voluntary and entirely within the discretion of the persons making them'' is approved and will be rigidly adhered to. — Sec. War, Nov. $S, 1901; P. M. G. 0., Z6468. 11. "When an allotment is discontinued, at the request of the person making it, bef )re the expiration of the term for which it is granted, it shall not be renewed within that term except by permission of the regimental or post commander, on satisfactory reasons being given for such discontinuance and renewal." — A. R., 1379, 1908. 12. "The date, period, and amount of allotment shall be entered as a part of the soldier's record and also noted on each pay roll during the period of allotment. The discontinuance of an allotment shall be similarly entered and noted." — A. R., 1376, 1908. 13. "When the grantor of an allotment is soon entitled to discharge and is so much in debt to the United States that it will require the whole or a part of his allotted pay to cancel his obligation , the allotment shall be terminated in the prescribed manner. ' ' — A. R., 1377, 1908. 14:. " On the death, discharge, or desertion of a soldier who has an allotment running, the allotment ceases. In such cases the immediate commanding officer will report as expeditiously as possible to the Paymaster-General, or in the Philippines Division to the adjutant-general of the division, the names of grantors whose allotments thus cease. In the Philippines Division, except in the case of deaths which are otherwise reported, the division commander will send by cable notification to the Adjutant- General, who will at once notify the Paymaster-General." — A.. R., 1369, 1908. Note. — Allotments ceasing by reason of the reported desertion of tlie allotter are not revived upon his acquittal of the charge, but a new allotment may be made. 15. Payments made to an allottee after the date of desertion of the grantor of the allotment are not debts which are payable from the amount due the soldier at date of his dieBQ-ction.— Auditor for the War Department Oct. 13, 1909. (P. M. G. 0., 77692.) 16. Whenever allotters shall be discharged on an intermediate day of the month the allotment deduction stops with the day of discharge, and paymasters will only deduct a pro rata of the allotment for the final month of service. — P. If. G., Sept. 16, 1907, 63805. 17. "In case of the transfer of a soldier whose period of allotment still continues, all the data respecting said allotments shall be entered on his descriptive list, and the commanding officer of the troop, battery, or company from which he is transferred shall at once report such transfer to the Paymaster-General. "—A. R., 1375, 1908. 18. "All allotments of pay of enlisted men that have been or shall be paid to the designated allottees, after the expiration of one month subsequent to the month in which said allotments accrued, shall pass to the credit of the disbursing officer who has made or shall make such payment. Said disbursing officer shall, before making payment of such allotment, use due diligence in obtaining and making use of all information that may have been received in the War Department relative to the grantors of the allotments. "—^c« Mar. 2, 1901, 31 Stat., 896; G. 0., 26, 1901. See A. R., 1371, and 1373, 1908. 10 ALLOTMEXTS. 19. "If an erroneous payment is made because of the failure of an officer responsible for such report to report, in the manner prescribed by the Secretary of ^^'ar, the death of the grantor, or any fact which renders the allotment not payable, then the amount of such erroneous payment shall be collected by the Pajmaster-General from the officer who fails to make such report, if such collection is practicable. " — Act Mar. 2, 1901, SI Stat., 897; G. 0., JG, 1901. See A. R., io7J, 1908. 20. " In case of forfeiture by sentence of a court-martial the stoppage of pay to meet the allotment, being a reimbursement to the United States of the amount paid the allottee, will take precedence of the forfeiture; when, however, the forfeiture is such that possibly it can not be stopped in full prior to the discharge of the soldier if the allotment is continued, the immediate commanding officer will report at once by mail to the Paymaster-General requesting a discontinuance of the allotment. Similar action will be taken when, due to reduction, to stoppages for clothing overdrawn, to continued misconduct, or to any reason, the soldier's available pay will not warrant the continuance of the allotment. The Paymaster-General will notify a soldier's immediate commanding officer of the fact of discontinuance of payment to the allottee and the last month's allotment paid. The stoppage of pay to meet the allotment will be continued until this notice is received, and the soldier will be credited on the next roll with any amount withheld in excess of amount paid the allottee." — A. E., 1S69, 1908. Note.— This does not authorize the suspension of an allotment, as distinguished from a discontinuance, but the Paymaster-General, in the exercise of his administrative authority, may direct that the payments to an allottee be withheld when the Interests of the Government manifestly require such action.— P. M. a. 0., 78ttl. 21. " In case of the capture by the enemy of soldiers who have made allotments which may expire after their capture, the monthly payments of the same shall be continued until otherwise ordered by the Secretary of War." — A. R., 1374, 1908. 22. Allotments are in the nature of powers of attorney, which are revoked by the death of the principal. If the soldier dies before the allotment is in the possession of the allottee, the allotment is not payable, but becomes part of the estate of the soldier and is subject to the control of his legal representatives. — 10 Comp. , t08, Aug. t7, 190S. 23. An enlisted man indefinitely quarantined for infectious disease may allot his entire pay, allotment to be paid at post where he is stationed. The allottee will sign the pay roll as "Allottee of ■ ," and the paymaster who pays the roll will make the usual deductions and pay the balance to the allottee. — Sec. War, June 8, 1903, based on Comp., May 19, 190.S, P. M. G. 0., 36390. 24. If "the allottee failed to reduce the allotment to possession prior to the soldier's dishonorable discharge from the service with forfeiture of all pay and allow- ances then due, payment of the allotment is not authorized." — Comp., Oct. 17, 1907, P. M. G. 0., 62627. Allotments do not give a vested right to the money allotted and an allotment deducted from the pay of a soldier who deserts before payment of the amount to the allottee is not payable, but is forfeited to the United States. — Comp., July 16, 1903, P. M. G. 0., 64201. 25. The allotment will be dropped from each soldier's pay in the column "Total pay due" on the pay rolls and from the amount of "Pay" on final statements when it pertains to the period for which the soldier is being paid. An allotment pertaining to a period for which the soldier has been paid without deduction of the allotment represents an overpayment and will be treated as a collection.— Par. 1, Circular 223, P. M. G. 0., Jan. 29, 1900, hereby amended. 26. On the death of an allottee before payment or issue of check, the amount reverts to the soldier and does not become a part of the allottee's estate, subject to the control of his legal representatives.— Com;)., Aug. 2, 1900, P. M. G. 0., 17038. ALLOTMENTS. 11 27. "Upon receiving information of the death of any person to whom an allot, naent is payable by him, the paymaster properly designated to pay this allotment shall at once report this fact to the Paymaster-General, who shall forthwith inform the grantor's immediate commanding oflScer." — A. R., 1378, 1908. ARMY ORGANIZATION. 28. Bands: Cavalry, artillery, and infantry.— ^ct Mar. g, 1899, 30 Stat., 977; G. 0., S6, A. G. 0., 1899. Engineers.— 4ct Feb. 2, 1901, 31 Stat., 750; G. 0., 9, A. G. 0., 1901. Military Academy.— ^c« Mar. 3, 1905, S3 Stat., 853; G. 0., SO, W. D., 1905. Recruit depots.— ^c« Mar. 3, 1909, 35 Stat., 745; G. 0., 49, W. D., 1909. Line and Staff.— J.c< Feb. 2, 1901, 31 Stat., 748; G. 0., 9, 1901. General Staff Corps.— .Act Feb. 14, 1903, St Stat., 830; G. 0., 16, A. G. 0., 1903. Hospital Corps.— ^cJ Mar. 2, 1903, 32 Stat., 930; G. 0., 24, A. G. 0., 1903. Signal Corps.— ^c« Mar. 2, 1903, 32 Stat., 932; G. 0., 24, A. G. 0., 1903. Chaplains.— ^e« Apr. 21, 1904, S3 Stat., 226; G. 0., 79, 1904. Engineer Corps.— ^ct Apr. 23, 1904, S3 Stat., 26 J; G.O., 76, 1904. Ordnance Department.— .4ci June 25, 1906, 34 Stat., 455; G. 0., 191, 1906. Insular Bureau.— .4cJ June 25, 1906, 34 Stat., 456; G. 0., 121, 1906, Act Mar. 2, 1907, 34 Stat., 1162; G. 0., 48, 1907, and Act Mar. 23, 1910, G. 0., 54, 1910. Artillery.— ^c« Jan. 25, 1907, 34 Stat., 861; G. 0., 24, 1907. Adjutant-General's Department.— ^rf Mar. 2, 1907, 34 Stat., 1158; O. 0., 48, 1907. Medical Department.— ^IcJ Apr. 23, 1908, 35 Stat., 66; G. 0., 67, 1908. Increased pay.— Act May 11,1908, S5 Stat., 108;G. O.,80, 1908, and Act May 28, 1908, 35 Stat., 431; G. 0., 100, W. D., 1908. Note. — For Philippine Scouts, the Porto Rico regiment of infantry, recruiting depot companies, prison guard companies, and Army Service School detachments, see manual paragraphs relating thereto. 29. "Acts of Congress changing the organization of the Army, and which of neces- sity take time to carry into effect, do not change the status or rights of individuals until the act be carried into effect." "The better view is that the old status of indi- viduals remains until the act is carried into effect in the organization to which they belong."— 5 Comp., 763, May 2, 1899. It is a general rule that acts will not be so construed as to make them operate retro- spectively unless the lawmaking power has explicitly declared its intention that they should so operate, or unless such intention appears by necessary implication from the nature and words of the act so clearly as to leave no room for reasonable doubt upon the subject. — 4 Comp., 692, June 16, 1898. The date of receipt of a general order by a command is the date on which it takes effect as to that command. — Digest Op. J. A. G., 1901, par. 1850. ASSIGNED ACCOUNTS. 30. "The restrictions of the Comptroller of the Treasury in regard to allowance of credits to disbursing officers for payment made by them on powers of attorney or other forms of transfer or assignment being so great as to amount practically to a prohibition of such payments, disbursing officers will refuse to pay the assignee of any claim," except monthly pay accounts and final statements. — Cir. 13, A. G. 0., 1895. See also 1 Comp., 142, Dec. 27, 1894. Note. — There is no authority of law for a retired enlisted man to make an assignment of his monthly pay.— P. M. G. 0. 31. Transferred or assigned pay accounts or final statements will not be paid with currency.— (case Major Overman); also Court of Claims, Feb. /.5, 19(JS (43 CI. Cls., 231). NOT ENTITLED. 146. The following classes are not entitled to commutation of quarters: "Ollieers ordered to their homes to await orders " (94 Sup. Ct., 219;G.O., 44,1877); "officers who await orders for their own convenience or at their own request at a place of their own choosing; officers who remain unassigned to any duty for an indefinite period who are not technically on lea\ e of absence, but are permitted to choose their own residence" (G. 0., 78, 1877; 14 Comp., 358); "officers on field service," except those temporarily absent from a commutation station {G. 0., 77, 1878). 141. An officer serving with the Panama Canal Commission is not entitled to com- mutation of quarters.— ?2 Comp., 343, Dec. 5, 1905. {Case Major La Garde.) 148. An officer in the hands of the civil authorities is not on duty within the mean- ing of the laws and regulations governing the payment of commutation of quarters and is not, therefore, entitled to commutation, even though he be acquitted by the court or the conviction subsequently set aside by a superior court. —75 Comp., $14, Oct. 7, 1908. 1 J9. An officer furnished with quarters, although less than the regulation allow- ance, is not entitled to commutation.— 5 Comp., 548, Mar. 6, 1899. (Case Marine Corps.) An officer who refuses to occupy quarters assigned to him, alleging their unsuita- bility, is not entitled to commutation of quarters.— 72 Comp., 21, July 13, 1905. {Case Xavy Department.) 150. An officer on duty where no quarters were available and who occupied a room at the barracks as a guest, with the understanding that it was to be vacated if required, is not entitled to commutation.— tt. Cls., Jan. 5, 1903 {case Odell v. TJ. S.); 9 Comp., 7.36, June 9, 1903 {case Navy Department). 151. AMiere an officer is relieved from duty at his regular station before being ordered to a hospital, or where he is not entitled to commutation of quarters at his regular station, commutation can not accrue while he is in the hospital.- P. M. G. 0. 6:'781. 152. An officer ordered from one station to another, to stop for instructions at an intermediate point, is not entitled to commutation of quarters during the period. P. M. G., Nov. 21, 1903, 41181. COMPTEOLLEB. 29 COMPTROLLER. 153. "Disbursing officers or the head of any Executive Department may apply for and the Comptroller of the Treasury shall render his decision upon any account involving a payment to be made by them or under them, which decision, when rendered, shall govern the Auditor and the Comptroller in passing upon the account containing such disbursement.'' — Act July 31, 1894, 28 Slat., Z08; G. 0., 36, 1894. "The Comptroller is not authorized to render decisions to disbursing officers upon questions of law pertaining to payments which have been made." — 5 Corny., 727, Apr. 26, 1899. 164 . In any case where the disbursing officer asks for a decision of the Comptroller upon his right to make a specific payment, such request may be transmitted directly through the office of the head of his department and need not be sent through the Secretary of War.— i Comp., 349, Apr. 3, 1895. {Case Q. M. Dept.) In requesting decisions of the Comptroller, paymasters will forward applications through the office of the Paymaster-General.— C/V. 194, P. M. 0. 0., July 25, 1899. In applying for decisions where statutes are mentionad the date of the act and number of volume and page should be given, viz, act March 3, 1893 (27 Stat., 612). — Comp., Feb. 6, 1905. 165. "A disbursing officer who pays a claim about which there may be any doubt, without availing himself of the Comptroller's ruling, which, whether right or wrong, protects the officer fully, can have no just ground for relief." — 4 Comp., 198, Oct. 30, 1897. {Case Treasury Department.) 156. The principles enunciated in decisions of the Comptroller are applicable to all cases arising under the statutes therein construed, whether occurring before or after the date of the decision. — 12 Comp., 745, June 5, 1906. But where payments, not expressly forbidden by law, were made in good faith in accordance with regulations and long-continued practice, the disbursing officer should be allowed credits for those made prior to date of decision. — Comp., Feb. 9, 1907, Navy Cir. 72, 1907. 157. Upon well settled principles an opinion or decision could not be authority for a point neither made nor discussed nor directly decided and only incidentally involved therein. — Reports U. S. Supreme Court, Vol. 208, p. 37. COMPUTER, ARTILLERY BOARD. 158. The computer of the Artillery Board is entitled to a salary of $2,500 per annum. — Annual appropriation act. CONTRACT SURGEONS. 159. In emergencies the Surgeon-General, with the approval of the Secretary of War may appoint as many contract surgeons as may be necessary, at a compensation not to exceed $150 per month.— ^cJ Feb. 2, 1901, 31 Stat., 752; G. 0., 9, 1901. 160. " Contract surgeons must present their contracts to paymasters when applying for payment of salaries, and paymasters will indorse thereon date and period for which paid."— A. R., 1285, 1908. 161. A contract surgeon is neither an officer nor enlisted man, and is not entitled to ten per cent for foreign service. — 7 Comp., 195, Oct. 22, 1900; also Comp., Aug. 19, 1909. 162. Contract surgeons are not entitled to commutation of quarters. — A. R., 1409, 1908. 30 CONTBACT SURGEONS. 163. When contracts so provide, contract surgeons will be entitled 1o full pay while on sick or ordinary leave, under the same rules as apply to commissioned offi- cers.— Comp., Oct. 12, 1898, Cir. m4, P -V. G. 0.; see also Act Mar. J, 1901, 31 Stat., 102S; G. 0., 29,1901. 164. "Contract surgeons, on availing themselves of leaves of absence, must submit their contracts to the commanding officer of the post or station where serving, who will indorse thereon the dat« of commencement and duration of leave. The actual date of their rejoining from leave should also be noted on contract on return to post or station."— -4. R., 1412, 1908. 165. A contract surgeon is not entitled, under current contract, to leave credits that accrued, but were not taken advantage of under a prior contract.— 70 Comp., 1, Juhjl,190S. 166. "Whenever the contract of a physician or dentist is annulled, the fact and date of annulment will be noted in writing on his contract, and when ord(?red to his home for annulment of contract, such fact will also be noted thereon by the officer under whose orders he may at the time be serving." — ,1. R., 1411, 1908. Note.— The final pay accounts of a contract surRcon must be forwarded to the Paymaster-Cieneral for settlement, In accordance with the provisions of Army Regulation 1281, JOOvS. 167. When the contract of a surgeon is annulled to enable him to enter into a new contract the next day his pay accounts should contain a notation of that fact and will not then be considered as a final account requiring certificate of nonindebt- edness. — P. M. G., concurred in hy the Auditor Dec. 11, 190S. Note.— The surgeon's commanding ofHcer should indorse on the old contract the fact that It was annulled for above purpose, and the paymaster should indorse final payment thereon. 168. "A contract surgeon may witness payments to enlisted men under the pro- visions of paragraphs 1335 to 1357. "~A. R., 1413, 1908. 169. In the absence of a commissioned medical officer, a contract surgeon who commands a detachment of the Hospital Corps may prepare and sign the final state- ments pertaining to the men of hie detachment. — Cir. 2, A. G. 0., 1902. MILEAGE. 170. Mileage is payable to contract surgeons under the same laws and regulations as to officers of the Army.— ^c< June 12, 1906, 34 Stat., 246; G. 0., 115, 1906. 171. A contract surgeon ordered to report as a witness before a court-martial is entitled to mileage and not to reimbursement of expenses as provided in army regu- lation 999 of 1908.-9 Comp., 461, Mar. 4, 1903. {Case Dr. McMillen.) 172. Contract surgeons are entitled to mileage from place of entering into con- tract to place of assignment to duty; also from place of annulment to place of making contract. Request for annulment does not affect this right, but annulment for mis- conduct or neglect of duty would. — 6 Comp., 351, Oct. 13, 1899. 173. A contract surgeon ordered home for annulment of contract is entitled to mileage from the place of receipt of the order, regardless of whether such place is a place of leave, to the place that he certifies as being his home, provided he performs travel to that place within a reasonable time. The fact that his contract was entered into at a place other than that claimed as his home does not affect his right to mileage to his home. — Auditor, Oct. 28, 1904- 174. A contract surgeon who requests annulment of contract and travels without orders before annulment is made can not be reimbursed for traveling expenses incurred prior to annulment, even though he has an order approving the travel. — 6 Comp,, 12, July 7, 1899. {Case Dr. Young.) 175. A contract surgeon who accepted a commission prior to the expiration of his contract voluntarily terminated it and is not entitled to the travel allowances pro- vided for therein.— 9 Comp., 522, Apr. 3, 1903. {Case Dr. Robins.) COXJKTS, COUKTS-MAETIAL, ETC. 31 COURTS, COURTS-MARTIAL, ETC. 176. Expenses of courts-martial, courts of inquiry, military commissions, and com- pensation of reporters and witnesses attending the same are payable by the Pay Department. — Annual appropriation act. 177. Certified copies of civil court records furnished for use before general courts- martial may be paid for out of appropriation "for expenses of courts-martial," etc. — Comp., Mar. 1, 1900, Cir. 228, P M. G. 0. Payment for photographs and negatives furnished for use of general courts-martial upon request of the judge-advocate may be paid by the Pay Department if authorized by the Secretary of War.— P. M. G., Aug. SO, 1907, 63438. 178. "No person in the military or civil service of the Government can lawfully receive extra compensation for clerical duties performed for a military court." — A. R., 997, 1908. 179. The Secretary of War has the authority to order the employment of experts before courts-martial and to determine the rate of compensation. — 24 Ct. Cls., 212; Cir. IS, A. G. 0., 1891. Note.— The employment must be authorised in advance and the authority must be filed with the. voucher on which payment is made.— See Cir. SO, W. D., 1904. 180. "Interpreters to courts-martial are paid by the Pay Department upon the certificate of the judge-advocate that they were employed by order of the court. They will be allowed the pay and allowances of civilian witnesses." — A. R., 998, 1908. 181. "Subpoenas should ordinarily be served by persons in the military service, but they may be served by civilians when service by persons in the military service is impracticable or less economical. Where service is made by a civilian, he is entitled to a reasonable compensation therefor, and his accounts will be sent to The Adjutant- General with a view to payment." — Cir. 42, W. D., 1907. Note.— The above is not payable from Pay Department appropriations. 182. "The proper officers to administer oaths in the administration of the affairs of the Army (except when otherwise specially provided) are judge-advocates of departments, judge-advocates of courts-martial, the trial officers of summary courts, and in the cases of investigations the officer detailed to conduct the investigation, or the recorder, and if there be none, the presiding officer of any board appointed for such purpose. When none of these are within reach and available, recourse must be had to a notary public or other civil ofiicer competent to administer oaths for general pur- poses."— .4. R., 688, 1908. FEES. 183. "Pees of civil officers for administering oaths in matters of military adminis- tration (where the services of judge-advocates of departments, or of courts-martial, or trial officers-of summary courts were not obtainable) will be paid from the appropriation applicable to the subject-matter of the oaths, and in case there be no appropriation applicable thereto the fees-will be paid by the Quartermaster's Department." — A. R., 653, 1908. 184. Fees to persons taking depositions of civilian witnesses for use in courts- martial shall be the same as allowed by law at place where the deposition is taken, to be paid from "expenses of court-martial." — Cir. 12, A. G. 0., 1901. Note.— For amounts allowed, see 13 Comp., 891; Cir. GO, W. D., 1907. 185. A person taking a deposition of civilian witness and charging (in addition to the notary fee) for the number of words contained therein at the rate authorized by the laws of the State in which it is taken, is entitled to payment of said charge. — P. M. G., May 26, 1906, 56224. 32 COURTS, COUKTS-MAHTIAL, ETC. REPORTERS. 186. "A judge-advocate of a general court-martial or military commiseion, and a recorder of a court of inquiry, when appointed by a general officer or a colonel exer- cising the command of a general officer, may employ, when authorized by the conven- ing authority, a stenographic reporter who shall be paid at the following rates of com- pensation by the Pay Department on vouchers certified to be correct by the judge- advocate or recorder, who will forward a copy of the same with the record: "For each case not to exceed one dollar ($1.00) an hour for time actually spent in court during the trial or hearing except when the court or commission sits less than three hours during the first day, when the allowance for such day shall be three dollars ($3.00). Time will be reckoned to the nearest half of an hour. "Fifteen (15) cents for each 100 words for transcribing notes and making that por- tion of the original record which is typewritten ; but no allowance shall be made for the first carbon copy of that portion of the record which is typewritten or for original papers which are appended as exhibits. "Ten (10) cents for each 100 words for copying papers material to the inquiry, and two (2) cents for each 100 words for each carbon copy of the same, when ordered by the court or commission for its use. "Two (2) cents for each 100 words for the second and each additional carbon copy of the record when authorized by the convening authority. "Except for such part of tho journey as may be covered by government transpor- tation, mileage at the rate authorized for a civilian witness not in government employ, and three dollars ($3.00) a day for expenses when the judge-advocate or recorder keeps him, at his fiwn expense, away from his usual place of employment for 24 hours or more, on public business referred to the court or commission, shall be allowed the reporter for himself, and, when ordered by the court or commission, for each necessary aasistant."— yl. R., 996, 1908, amended by G. 0., 1S2, Aug. 15, 1908. Note.— The authority for the employment of a stenographic reporter must be Bled with the voucher on which payment is made. 187. Paragraph 186 "does not authorize the payment to a stenographic reporter of $3 for each case completed by him when more than one case is disposed of in one day, each case requiring less than three hours in which to be completed, but simply guarantees the reporter at least $3 for each day that the court or commission sits when a new case is taken up on that day." — Cir. 81, W. D., Sept. 30, 1908. In determining the period for which a reporter is entitled to the allowance of $3 a day for expenses when kept away from his usual place of employment, under manual paragraph 186, time should be counted from the date on which he is required to leave his usual place of business by the terms of his employment to the date of his return thereto, provided there be no unnecessary delay in the travel to and from the place where the court meets. 188. A stent^raphic reporter for a retiring board can only be employed on the authority of the Secretary of War obtained in advance of the employment. The authority must be filed with the voucher on which payment is made. — Sec. War, Apr. M, 1879, P. M. G. 0., WO A, 1879. Note. — The provisions of section 1248, Revised Statutes, give to a retiring board such powers of a court martial and court of inquiry as may be necessary to enable It to Inquire Into and determine questions of alleged disability. 189. If the employment of a reporter for a board of officers (other than a retiring board) should be authorized by the Secretary of War, payment for such service would have to be made from the appropriation for the contingent expenses of the army. — Digest Opinions Judge-Advocate-General, 1901, par. 2173. COUETS, COURTS-MAETIAL, ETC. 33 WITNESSES. 190. "Civilians in the employ of the Government when traveling upon summons as witnesses before military courts are entitled to transportation in kind from their place of residence to the place where the court is in session and return. If no trans- portation be furnished, they are entitled to reimbursement of the cost of travel actually performed by the shortest usually traveled route, including transfers to and from railway stations, at rates not exceeding 50 cents for each transfer, and the cost of a double berth in a sleeping car or steamer when an extra charge is made therefor. They are also entitled to reimbursement of the actual cost of meals and rooms at a rate not exceeding $3 per day for each day actually and unavoidably consumed in travel or in attendance upon the court under the order or summons. No allowance will be made to them when attendance upon court does not require them to leave their stations."—.!. R., 999, 190S; see R. S., 850. 191 . An employee of the District of Columbia is a civilian in Government employ. — 10 Comp., 772., May 17, 1904- A postmaster is a civilian in Government employ. — /. A. G., Mar. 10, 1910, P M. G. 0., 81529. 192. Deputy United States marshals are paid by salaries from appropriations made by Congress, the fees earned by them being deposited to the credit of the United States. — Atty. Gen. in letter to Colonel Sniffen, July 31, 1906. Note. — They are therefore witnesses in Government employ as are also marshals. 193. A civilian not in Government employ, duly summoned to appear as a wit- ness before a military court, or at a place where his deposition is to be taken for use before such court, will receive §)1.50 a day for each day of actual attendance for such purpose, and 5 cents a mile from place of residence to place of trial or taking deposi- tion, and return, except as follows: Porto Rico and Cuba, SI. 50 a day, 15 cents a mile for necessary travel by stage or private conveyance and 10 cents by railway or steamship line. Alaska, east of 14l8t degree west longitude, $2 a day and 10 cents a mile; west of that degree, $4 a day and 15 cents a mile. Montana, Wyoming, Colorado, New Mexico, Arizona, Utah, Idaho, Washington, Oregon, Nevada, California, $3 a day, 15 cents a mile for necessary travel by stage or private conveyance, 5 cents by railway or steamship line, and fS a day for the time necessarily occupied in such travel. — See A. R., 1000, amended by G. 0. 128, 1908. Also R. S., 848; sec. SO, Act June 6, 1900, 31 Stat., 332; Act Mar. 2, 1901, 31 Stat., 954; Act June 13, 1902, 32 Stat., 385; Regs. Atty. Gen., July 21, 1902; Act May 27, 1908, ^5 Stat., 377. Note.— The allowances of civilian witnesses not in Government employ are determined by the place -where the military court is convened regardless of the place from which summoned.— P. M. G. 0., July IS, 1909, 7707S. 194. "There is no law governing payment of witnesses before military courts. Their compensation in the civil courts of the United States is provided for and regu- lated by law, but in the military courts it is provided for by departmental orders and regulations." — 5 Comp., 802, May 12, 1899. The establishment by the War Department of different rates of compensation for civilian witnesses can not be viewed as retroactive. — Comp., Apr. 22, 1908, P. M.G.O., 64691. 195. A civilian witness not in Government employ, when furnished transportation on a transport or other Government conveyance, is entitled to 57.142 per cent of the mileage authorized for such part of the journey. — Comp., Aug. 20, 1902, Cir. 45, A. G. 0., 1902. 54748°— 10 3 34 COUKTS, COUBTS-MARTIAL, ETC. WITNESSES. II furnished transportation on a request issued by the Quartermaster's Department the cost of the transportation will be ascertained and the amount deducted in the settlement of the account for "witness fees." The same to be taken up in Army paymasters' collections for reimbursement of the appropriation of the Quartermaster's Department. 196. A retired oflBcer subpoenaed as a witness before a general court-martial is entitled to the per diem and mileage provided for civilian witnesses not in Go\ernment employ.— /O Comp., 51, July 15, 190S. (Case Major Craig.) But if ordered by the Secretary of War to attend as a witness, a retired officer is entitled to mileage the same as an active officer. — P. M. G., Mar. 27, 1907, 60968. 197. An employee of the civil government, Philippine Islands, paid from insular funds is not an employee of the Government within the meaning of Army Regulations, paragraph 999, when summoned as a witness. — Comp., Aug. 20, 1902, Cir. 45, A. O. 0., 1902. 198. "The items of expenditure authorized in paragraphs 999 and 1000 (A. R. , 1908) will be set forth in detail and made a part of each voucher for reimbursement. No other items will be allowed. The certificate of the judge-advocate will be evidence of the fact and period of attendance, and will be made upon the voucher. When payment is made under the provisions of paragraph 999 (A. R., 1908), the correctness of the items will be attested by the affidavit of the witness, to be made, when practicable, before the judge-advocate." — A. R., lOOS, 1908. Note.— The order convening the court must be filed with the voucher on which payment Is made. 199. The certificate of the judge-advocate on the voucher, that the witness was actually summoned from a distant place and had traveled from said place in response to the .summons, is sufficient authority for the payment of mileage, although the subpoena was served at the place of holding the court. — P. M. 0., Sept. 21, 1905, 52796. 200. The certificate of an officer constituting a summary court will be accepted in lieu of that of a judge-advocate as a proper authentication of the account of a witness before such court.— rir. 16-3, P. M. G. 0., June 27, 1894- 201. Witnesses who are subpoenaed on several distinct cases for the same day are entitled to a per diem for each case. — Digest Comp., 1902, p. 476; 14 Comp., S78, Dec. 20, 1907. 202. "The charges for return journeys of witnesses will be made upon the basis of the actual charges allowed for travel to the court, and the entire account thus com- pleted will be paid upon discharge from attendance without waiting for completion of return travel."—^. R., 1002, 1908. 203. "A witness whose deposition is required to be taken before an officer (either within or without the United States) to be used in evidence before a court-martial, in conformity with law, is entitled to be paid the fees and expenses authorized by the regulations to be paid to witnesses before courts-martial. " — Cir. 9, A. G. 0., 1883. Vouchers covering the fees of civilian witnesses subpoenaed to give deposition must be certified by the judge-advocate of the court and accompanied by copy of the order convening the coiul;. — Par. 7, p. 41, Manual Jor Courts- Martial, 1908. COURTS, COURTS-MARTIAL, ETC. WITNESSES. 35 204. "In case a civilian witness duly subpcenaed before a general court-martial refuses to appear or qualify as a witness, or to testify or produce documentary evi- dence, as required by la\Y, he will at once be tendered or paid by the nearest pay- master one day's fee and mileage for the journeys to and from the court, and will thereupon be again called upon to comply with the requirements of law. The fees and mileage of civilian witnesses residing beyond the limits of the State, District, or Territory in which the court-martial is held will not be paid in advance, as such witnesses can not be punished if they refuse to obey the summons. Civilian wit- nesses will be paid by the Pay Department." — A. R., 1001, 1908, see act Mar. 2, 1901, SI Stat., 950. Note.— Fees and mileage to civilian witnesses residing beyond the limits of the State in which the court-martial is held may be tendered in advance, on authority from the Secretary of ^\'ar.— 5cc P. AI.G.O.. 49568. 205. "A paymaster turning over to an officer who is to serve a subpoena the necessary fees and mileage of the witness should take from the officer a memorandum receipt for the amount turned over, the officer to take the receipt of the witness on the usual witness voucher, which must be returned to the paymaster. It being impossible to state with certainty the number of days a witness would be held before the court, and as a witness could not be in attendance less than one day the law will be complied with if mileage for the journeys to and from the court and one day's fee be paid or tendered. Should the witness be held more than one day the addi- tional fee could be paid daily if demanded, or when finally discharged he could be paid the remainder of his fees." — Cir. 264, P- J/. G. 0., Sept. 26, 1901, amended by Treasury Circular 52, 1907. Note.— The paymaster can draw his official check for the necessary amount "to obtain cash to make payment at a distance from a depositary," and make same payable by indorsement to the officer who is designated to serve the subpcena and hold his memorandum receipt as "cash on hand" until the wit- ness voucher to cover the transaction is received.— P. M. G. 206. The actual necessary expenses incurred in obtaining the attendance of members of the Navy or Marine Corps as witnesses before an army court-martial constitutes a proper charge against the appropriation for expenses of courts-martial. — J. A. G., Jan. 31, 1905, P. M. G. 0., 49149. WITNESSES, CIVIL COURTS. 207. "Officers and enlisted men reporting as witnesses before a civil court should receive from the civil authorities the necessary expenses incurred in travel and attendance, neither mileage nor travel allowances will be paid in such cases by the War Department."—^. R., 75, 1908. 208. "Allowances for travel of officers or enlisted men summoned to appear and testify before committees of Congress, or before the courts of a State or Territory, are not proper charges against the appropriations for the support of the army. Military persons so summoned must seek reimbursement for their expenses of travel from the committee or court which summoned them." — A. R., 1318, 1908. 209. The actual expenses of officers attending, by authority of the Secretary of War, upon a state court as witnesses for the United States in a case in which the Government is a party, may be paid from the appropriation for contingent expenses of the War Department. — 12 Comp., 649, May 7, 1906. {Case Quartermaster's Department.) 210. "Compensation to civilians in * * * Government employ for attend- ance upon civil courts is payable by the civil authorities." — A. R., 1004, 1908. 36 DECEDENTS, INSANE, AND PKISONEKS. DECEDENTS, INSANE, AND PRISONERS. 211. "On the death of an officer in charge of public property or funds, his com- manding officer will appoint a board of officers, three when practicable, which will inventory the same and make the customary returns therefor, stating accurately amounts and condition. These the commanding officer will forward to the chiefs of the bureaus to which the property or funds pertain, and he will designate an officer to take charge of such property or funds until orders in the case are received from the proper authority. Cash on hand may be invoiced by the board to the deceased officer's successor, but balances to his credit with the Treasurer, an assistant treasurer, a designated depositary, or a fiscal agent of the United States, over and above his out- standing checks, will be deposited to the credit of the Treasurer of the United States by the chiefs of bureaus when the board has reported to the bureaus the balances o\er and above such checks. The action herein prescribed will also be taken in the case of an officer in charge of public funds or property who becomes insane." — ^1. R., 86, 190S. 212. "Hereafter, in the settlement of the accounts of deceased officers or enlisted men of the Army, where the amount due the decedent's estate is less than $500 and no demand is presented bj' a duly appointed lesal representati\e of the estate, the accounting officers may allow the amount found due to the decedent's widow or legal heirs."— Jd June 30, 1906, 34 Stat., 750: G. 0., l.ii, 1906. 213. "Hereafter immediately upon official notification of the death from wounds or disease not the result of his own misconduct of any officer or enlisted man on the active list (if the Army, the Paymaster General of the Army shall cause to be paid to the widow of such officer or enlisted man, or to any other person previously desig- nated by him, an amount equal to six months' pay at the rate received by such officer or enlisted man at the date of his death, less seventy-five dollars in the case of an officer and thirty-five dollars in the case of an enlisted man. From the amount thus reserved the Quartermaster's Department shall be reimbursed for the expenses of interment, and the residue, if any, of the amount reserved shall be paid subsequently to the designated person. The Secretary of War shall establish regulations requiring each officer and enlisted man to designate the proper person to whom this amount shall be paid in case of his death, and said amount shall be paid to that person from funds appropriated for the pay of the Army." — Ads May 11, 1908, and Mar. 3, 1909, 35 Stat., 108 and 7.15; G. ().. 80, 1908, and 49, 1909. Note.— For regulations as to designation ol beneficiary see paragraph 14044, Anny Regulations, 1908. 214. ^\^lere it is shown that there is no widow, and no person has been previously designated by the officer or enlisted man as beneficiary of the gratuity of six months' pay, no payment under the act is authorized. — 14 Comp., 913, June 26, 1908. {Case Navy Department.) 215. The six months' pay due the beneficiary of an officer or enlisted man under the provisions of the act of May 11, 1908, as amended by the act of March 3, 1909, includes the compensation of every kind and character received by such officer or enlisted man at the date of his death and which is distinguished from allowances.— 14 Comp., 857, June 8, 1908, Cir. 57, W. D., 1908. 216. ^''eterinarians of cavalry and field artillery, and officers and enlisted men of Philippine Scouts, come within the benefits of the beneficiary acts of May 11, 1908 (35 Stat., 108), and March 3, 1909 (35 Stat., 735).— .Z5 Comp., 304 and 820, Nov. 9, 1908, and June 12, 1909, respectively. 217. A retired officer on active duty is not on the active list within the meaning of the act providing for six months' pay to beneficiaries. — 15 Comp., 230, Oct. 13, 1908, {Navy Department case.) DECEDEXTS, INSANE, AND PKISONERS. 37 218. "Officers charged with the care and custody of the effects of deceased soldiers are required, under the provisions of the one hundred and twenty-seventh article of war, to deliver the same, or the net proceeds thereof, to the legal representatives of the deceased. Should the effects of a deceased soldier not bo claimed within a reasonable time, they will be sold by a council of administration under the authority of the post commander, and the proceeds transferred to the deceased soldier's imme- diate commander, by whom they will be deposited with a paymaster to the credit of the United States. Duplicate receipts will be taken, one of which will be sent directly to The Adjutant-General of the Army and the other retained with the appro- priate records. The paymaster's receipt for the money deposited as above will clearly specify the nature of the deposit, and the officer responsible will furnish the paymaster with the necessary information. There is no authority for officers (o pay the debts of deceased soldiers. Watches, trinkets, personal papers, and keepsakes will not be sold, but will be labeled with the name, rank, and organization of the owner, and sent directly to The Adjutant-General of the Army, to be forwarded to the Auditor for the War Department for the benefit of those legally entitled to them. Clothing effects will not be sent to The Adjutant-General of the Army nor to the Auditor for the War Department. "The above provision will also apply, as far as practicable, in the cases of deceased soldiers on the retired list of the Army whose effects may be under the control of the military authorities."—^. R., 161, 1908. 219. All moneys belonging to the estates of deceased soldiers which are or may be unclaimed for three years subsequent to the death of a soldier are set apart and appropriated tor the support of the Soldiers' Home, but will be repaid upon demand of the heirs or legal representatives of deceased. — R. 8., 4818. 220. "The personal effects of military prisoners who have escaped from confine- ment, .except such as possess some special value as keepsakes, may be disposed of by sale as in the case of effects of deceased soldiers, and the proceeds thereof, together with any money left by the prisoner in the hands of the company commander, be turned over to a paymaster, who should account for the same in the manner provided for paymasters' collections. The officer will take the paymaster's receipt for the amount paid him and forward the same to the Auditor for the War Department." — A. R., 948, 1908. A reward of |50 will be paid for the apprehension and delivery to the proper military authorities at a military post of an escaped military prisoner. — See A. R., 120, 1908 DENTAL SURGEONS. 221. The Surgeon-General, with the approval of the Secretary of War, may employ dental siu'geons under same terms applicable to contract surgeons ; three of the number to be assigned to supervise the operations of the others, with an extra compensation of $60 per month.— ^rt Feb. 2, 1901, 31 Stat., 753; G. 0., 9, 1901. 222. Dental surgeons employed under contract by the Medical Department, under the provisions of paragraph 18 of the act of Congress approved February 2, 1901, will hereafter be designated officially as "dental surgeons," and not as "contract dental surgeons." — Cir. 3, TT'. D., Jnn, 31, 1910. Note. — Decisions applying to contract surf^eons apply also to dental surgeons. DEPOSITS. 223. "Any enlisted man of the Army may deposit his savings, in sums not less than five dollars, with any army paymaster, who shall furnish him a deposit book, in which shall be entered the name of the paymaster and of the soldier, and the amount, date, and place of such deposit. The amount so deposited shall be accounted for in 38 DEPOSITS. the same maimer as other public funds, and shall be deposited in the Treasury of the United States and kept as a separate fund, known as ' Pin- of the Army, deposit fund,' repayment of which to the enlisted man on dischai^e from the serxice shall be made out of the (\md created by said deposits, and shall not be subject to forfeiture by sen- tence 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 representati\es of a deceased soldier, and that such deposits 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."— iJ. S., 1-305, amended by act June 12, 1906, 34 Stat., U6; G. 0., 115, 1906. >-, ,TE.— The exemption of deposits from liability for the soldier's debts has application only to his private debts.— Corap., Mar. 2, 1910 ( United States Navy case), P. M. O. 0., 814B9. See Manual, par. 9Si. 224. "An enlisted man, not on the retired list, may deposit his savings with any paymaster in sums of not less than $5; the same to remain so deposited until final pay- ment on discharce. The paymaster will furnish to each depositor a book in which «ach deposit, with the name of the depositor, date, place, and amount, in words and figures, will be entered in the form of a certificate, signed by the paymaster and com- pany commander. The transfer, pledge, or .sale of a deposit book is prohibited. "Each company or detachment commander will keep in the soldier's rerord an account of every deposit made by the soldier, and after each regular payment he will forward directly to the Paymaster-General a list of the names of the depositors, show- ing in eai h case the date, place, and amount of deposit and the name of the paymaster who received it. Each report will lie restjictcd to and will include only deposits with one paymaster on a given date. These lists l)efore transmittal will be examined and compared with the record of deposits on the company or detachment book and the deposit book of the soldier, and attesting officers will see that the names are identical with the names as borne on the rolls. "Should a soldier who has made a deposit be transferred or desert, the fact will be promptly reported directly to the Paymaster-General by the officer in command of the company or detachment to which he belongs. In case of transfer his descriptive list will show the date and amount of each deposit. There is no objection to deposits being made by Indian and Philippine scouts and Porto Rico provisional troops." — A. R., 1380, 1908. 22.}. A deposit actually made with an army paymaster, to he applied for purchase of discharge, is forfeited by desertion.— Comp., Jan. 31, 1908, P. M. G. 0., 47818. 226. "A discharged soldier who desires, after reenlistment, to have all or a part of the money due to him on discharge deposited under the provisions of paragraph 1380, must furnish to the paymaster who makes payment on his final statements, a written order requesting that such part of the amount due thereon, as he may desire so de- posited, be transferred to his new account. The paymaster will file this order with the paid final statements as authority for this disposition of the money due to the soldier."—.!. R., 1384, 1908. See 14 Comp., 667, Apr. 8, 1908. XoTE.— The amount so deposited should be treated as if actually deposited in cash and then paid in cash. The written order for deposit of an amount due on final statements will be accepted as a valid acknowledg- ment of receipt of payment.— P. M. G. 0., 78079. 227. Paymasters receiving deposits will forward an abstract of the same with their monthly accounts. The abstract will set forth the name (given and surname), com. pany , regiment, or corps of each depositor, with date and amount of deposit. The gross amount of the abstract will be carried to the account-current, in column headed "Paymasters' collections and soldiers' deposits," and will be placed to the credit of the Treasurer of the United States for the credit of the deposit fund under the con- ditions prescribed for depositing collections (par. 71-5, Manual), but'will not be in- cluded in check for "^Vrmy paymasters' collections." Separate certificates of deposit DEPOSITS. 39 should be obtained for sums so deposited and the number of the certificate noted on the account-current. — P. M. G. 228. "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."— ^. R., 1381, 1908. Notts.— When there is any doubt as to the deposit noted on a final statement, or when the soldier pre- sents a deposit slip not attested or not credited on the finals, the paymaster (unless stationed in the Philip- pine Islands) should wire to the Paymaster-General for a verification of such deposit. 229. Deposits repaid will be charged to "Pay of the Army Deposit Fund. " Each chief paymaster will include in his monthly estimate of funds an amount of the Deposit Fund sufficient for the needs of the command with which he is on duty. Such funds will not be accounted for as pertaining to any particular year. Interest on deposits will be paid from "Pay of the Army" for the proper fiscal year. — P. M. G., Apr. 23, 1908, 68992. 230. "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 before he leaves the post 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. " — A. R., 1-382, 1908. 231. "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 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."— .4. R., 1383, 1908. 232. A deposit made during a fraudulent enlistment is not forfeited except by desertion after the deposit was made. — P M. G., Feb. 19, 1875, B. 1875, p. 94. INTEREST. 233. For any sums, not less than five dollars, deposited 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. — R. S., 1306, amended by Act Mar. 3, 1883, 22 Stat., 456; G. 0., 13, 1883. See A. R., 1385, 1908. 234. A soldier must draw his deposit when discharged. He can then renew it after reenlistment. Failure to present the final statements leaves the money without interest until it is drawn and again deposited. — See A. R., 1384, 1908. In computing interest the day of deposit should be excluded and the day of dis- charge should be included. — 16 Comp., 30, July 19, 1909. {Navy Department case.) 235. A soldier is entitled to interest on deposits to include date of discharge or retirement; but interest does not accrue on amounts which have been on deposit less than six months at date of discharge or retirement. — See 8 Comp., 739, Apr. 21, 1902. 236. A soldier is not entitled to interest after date of dishonorable discharge, although certificate, by reason of his confinement, was not delivered to him per- sonally, but to the commanding officer to be held pending confinement. — Digest J. A. G., 1901, par. 1052. 237. A soldier sentenced to confinement for a period beyond the termination of his enlistment is entitled to interest on his deposits to the date of his discharge. — Comp., Feb. 23, 1909, P. M. G. 0., 74514; dr. 96, Navy Department, 1909. 40 DESEETEBS. DESERTERS. 238. "No man will be reported a deserter until after the expiration of ten days (should he remain away that length of time), unless the company commander has reason to believe that the absentee does not intend to return; but commanding officers will take steps to apprehend soldiers absent without lea\ c as soon as the fact of that absence is reported. Should the soldier not return, or not be apprehended, within the time named, his desertion will date from the commencement of the unau- thorized absence."— .-l. JR., l.il, 1908, as amended in G. 0., 196, W. D., 1908. 239. "When a soldier deserts, his immediate commanding officer will at once ascertain if any public property hae been lost in consequence thereof, and, if so, will proceed as in the case of property lost or destroyed, and the value of the articles lost will be charged against the deserter on the next muster rolls of his company. The charges will also be made on the pay roll. A copy of the approved report of the surveyins officer will accompany the return to which the property pertains." — A. R., 115, 1908. 240. "The company or detachment commander will turn over the clothing aban- doned by a deserter to the quartermaster, with a certificate showing its condition aijd the name of the deserter to whom it belonged. In no case will the money or proceeds of the sale of effects of a deserter be turned over to his relatives, nor any payment made therefrom by an officer on any account whatsoever. All other personal effects of a deserter will be disposed of as in the case of unclaimed effects of deceased soldiers — i. e., they will be sold by a council of administration and the proceeds of the sale deposited with a paymaster. " The paymaster's receipt for the money deposited as above should clearly specify the nature of the deposit — i. p., whether for the proceeds of sale of effects, or whether for the undrawn pay of a soldier who has deserted — and the officer responsible should furnish the paymaster with the necessary information. Money or other valuables found upon an apprehended deserter are his personal property, and will not be turned over to a paymaster." — A. R., 116, 1908. 241. "A reward of $50 will be paid to any civil officer or civilian for the apprehen- sion and delivery, to the proper military authorities at a military post, of a deserter from the military service, except a deserter from the Philippine Scouts, for whose apprehension and delivery a reward of $20 will be paid. * * » The reward will be paid by the Quartermaster's Department." — A. R., HO, 1908. The reward includes full consideration for all expenses incurred, and in the discre- tion of the Secretary of War the amount may be reduced in special cases. — Cir. 74, Aug. 31, 1908. 242. "A deserter is again in service from the date of his delivery to proper military authority, and can not be deprived of his pay and allowances from that date by an Executive order, but only by sentence of court-martial." — .J Comp., 676, June 11, 1897. {Case Wm. H. Reinhart.) 243. Forfeiture of pay and allowances up to the time of desertion follows from the ■conditions of the contract of enlistment, which is for faithful service. The contract is an entirety, and if service for any portion of the time is criminally omitted the pay and allowances for faithful service are not earned. And for the purpose of determining the rights of the soldier to receive pay and allowances for past services, the fact of desertion need not be established by the findings of a court-martial; it is sufficient to justify the withholding of the moneys that the fact appears upon the muster rolls of his company. If the entry of desertion has been improperly made, its cancellation can be obtained by application to the War Department. Forfeiture of pay and allow- ances for future services, as a condition of restoration to duty, can only be imposed by a ■court-martial.— Sitp. Ct., October, 1875, 92- U. S., 77. {Case U. S. vs. Landers.) DESERTERS. 41 244. "A deserter will not be restored to duty without trial except by authority competent to order his trial; such restoration, being ordered only in case the deser- tion is admitted, does not remove the charge of desertion or relieve the soldier from any of the forfeitures attached to that offense; he must make good the time lost by desertion, refund the reward and expenses paid for apprehension and delivery, and forfeit pay while absent. The same authority is competent to set aside a charge of desertion as having been erroneously made, and his order to this effect operates to remove the charge of desertion and all stoppages and forfeitures arising therefrom . ' ' — A. R., 130, 1908. 245. "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, or the charge has been set aside as having been erroneously made." — A. R., 1392, 1908. While awaiting trial he will not be permitted to sign pay rolls. -^ J.. R., 128, 1908. 246. If the judgment of a court-martial (i. e., the approved findings of the court) is based on the fact that the accused did or did not desert, said judgment should be followed by the Pay Department.— i5 Comp., 661, Apr. 28, 1909. 247. \^'hen the findings of a court (either guilty or not guilty) in the case of a sol- dier charged with desertion are disapproved by the reviewing authority and it is not clear from the order promulgating the action of the court that the soldier was or was not a deserter in fact, the paymaster should submit the case to the Paymaster-General for proper action toward ascertaining the true facts from The Adjutant-General. However, if the disapproval of the re"\'iewing authority is based upon some techni- cality of law or it is apparent from his remarks that the findings of the court are fully justified by the evidence, the paymaster should, in making payment, /oZtoj/j the find- ings of the court; treating the soldier as a deserter in fact if the findings are guilty, or as an absentee without leave if the findings be not guilty. If the disapproval by the reviewing authority is based upon the fact that in his opinion the testimony or e\'i- dence shows that it was or was not the intention of the accused to desert, the paymaster should follow the action of the reviewing authority, treating the soldier as a deserter in fact in the event that the disapproval is of a finding of ' ' not guilty " and as an absentee without leave if the disapproval be of a finding of "guilty." — 12 Camp., 328, Dec. 2, 1905; 15 Comp., 661, Apr. 28, 1909; Op. J. A. G., Nov. 9, 1909, P. M. G. 0., 79248. 248. Where the record shows the soldier charged with desertion since the date of last payment, and the charge has not been set aside as having been erroneously made, as provided in last sentence of A. R., 130, 1908, pay does not accrue for the time of the unauthorized absence. When a charge of desertion is removed because erro- neously made, a charge of unauthorized absence usually results, and the question of pay therefor must be settled on its merits. If tried by court-martial for the deser- tion, pay which accrued between date of last payment and be^nning of the unau- thorized absence is forfeited, unless the soldier is found not guilty of the desertion. — P. M. G., Dec. 9, 1905, 53289. 249. "A deserter sentenced to dishonorable discharge and forfeiture of all pay and allowances, but R-hose sentence is remitted by the reviewing authority .imme- diately after its approval, becomes entitled to pay from date of apprehension," viz, date of return to military control. — Cir. 6, A. G. 0., 1886. 260. An enlisted man assumes contractual obligations to hold him.self in readiness to serve the United States and to perform such duties as may be assigned to him. If the entries upon the rolls and records of the command establish the fact that he was not in a duty status for a period of time, but was absent from proper military authority, he is not entiiled to pay and allowances during such unauthorized absence, notwith- standing the fact that the findings and sentence of a court-martial have acquitted 42 DESEKTEKS. him of the criminal offense of desertion and absence without leave. — Comp., Nov. IS, 1907, P. il. G. 0., 64665. {Case Ralph Kinney, Coast Arlillcri/.) 251. A soldier who deserted in time of peace, and who has resided in the United States for a period of two years subsequent to the expiration of the term for which he enlistod, is exempt from punishment for his offense. — G. 0., 79, 1907. 252. A soldier is entitled to the current rate of pay while making good time lost by desertion, although the rate was increased while he was in desertion. — See P. M. G. 0., 1280 and 72167. 253. ' 'A soldier's term of enlistment exphes with the last day of the period for which he enlisted, notwithstanding the fact that during his enlistment he may have been absent in desertion. A soldier who, after his term of enlistment has expired, is arrested for desertion and sentenced by a court-martial to imprisonment is not, during the period of his arrest and confinement, in the performance of actual military service or making good time lost in desertion as contemplated by the 48th article of war, and is not for that period entitled topay or clothing. "—72 Comp., .592, Apr. 7, 1906. {CasePvt. Smothers, 24th Infantry.) 25-1. "A deserter who surrenders or is apprehended before his term of enlistment has expired is entitled to pay and allowances from the date of his return to military control. If he is subsequently restored to a duty status, he will serve for such period as will, with the time he may have served prior to his desertion, amount to the full terra for which he enlisted; but the time during which he may have been in confine- ment awaiting trial or serving sentence imposed by a court-martial for his desertion, or if he enlists while in desertion, the term served under such unlawful enlistment will not count a.s making good any of the time lost by desertion. If a deserter's term of enlistment expires while he is in confinement awaiting trial or serving sentence, his pay and allowances will cease from the date of the expiration of his term of enlist- ment and will not again accrue until he shall have been restored to a duty status. A deserter whose term of enlistment has expired prior to his return to military con- trol is not entitled to pay and allowances until his restoration to a duty status." — A. P., 129, 190S. 255. A soldier in confinement serving sentence for desertion is in the military service, whether sentence included dishonorable discharge or not. If the sentence was imposed by an illegally constituted court and afterwards declared null and void, the solditr reverts to the status held prior to the trial, viz, "in confinement awaiting trial," and his rights as to pay are determined by subsequent action of competent authority. There is no obstacle to further prosecution of the offender before a com- petent tribunal, but the proper authority has the option of restoring him to duty without trial or of ordering his discharge without honor, because of desertion.— P. M. G. 0., June S, 1908, 68368. See Federal Cases, vol. S, p. 4^7, Dist. Ct. Oregon, May 24, 1871, "In re Bird." Should the soldier be restored to duty without trial he would be in the status of a deserter restored to duty mthout trial. — P. M. G. 0., 67862. 256. Every soldier who deserts the service of the United States shall be liable to serve for such period as shall, with the time he may have served previous to his deser- tion, amount to the full term of his enlistment; and such soldier shall be tried by a court-martial and punished, although the term of his enlistment may have elapsed previous to his being apprehended and tried. — 48 Article of War. Time passed by a deserter in arrest, or confinement while awaiting trial, or confine- ment under sentence, is not "actual military service" required under contract of enlistment and will therefore be ignored in computation of time to be made good. "Actual military service" begins from date of release from confinement. Pay, DESERTERS. 43 however, accrues from date of return to military control. — /. A. G., Aug. 1 and Oct. 14, 1904 Cir. 25, W. D., 1905. 257. "No settlement of the pay account of any enlisted man will be made on the rolls until sufBcient 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. It, 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 appre- hension will be stated."—^. R., 1394, 1908. 258. "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 settlement of the soldier's account from the date of last payment, and will carry the account to subsequent rolls until the settlement is made." — A. R., 1393, 1908. Note 1.— The ante-desertion account of a soldier who is returned to duty without being relieved of the charge of desertion must be considered. If a credit is found to be due the soldier, the account will be ignored; if, on the other hand , the soldier is found to be indebted to the United States, the amount of such indebted- ness will be deducted from the subsequent pay of the soldier. Any amount due deserter for pay or clothing may be used to offset any indebtedness to the United States. Deposits and interest, being absolutely forfeited by desertion, can not be so used. Note 2. — A deserter apprehended while serving in a fraudulent enlistment and whose fraudulent enlist- ment is terminated by his restoration to duty under the enlistment from which he deserted is subject to a stoppage of pay for all indebtedness existing at the date of his apprehension, and he can not be allowed as an offset thereagainst any credit for pay from date of last payment in fraudulent enlistment to date of avoid- ance of contract by the Government or for clothing.— P. M. G.O., Nov. 29, 1909, 7979i. 259. If a soldier is charged with desertion on muster roll and discharged "without honor by reason of desertion," though not tried by court-martial, he forfeits pay and allowances to date of apprehension and also travel pay, but is entitled to pay from date of return to military control to date of discharge. — 9 Comp., 517, 568, Mar. SO, Apr. 20, 1903 {case Carlton T. Stevens; also Comp., Jan. 25, 1908 (case .Joshua L. Gorron, recruit, C. A. C), P. M. G. 0., 60614. 260. Pay and allowances due and unpaid under a former enlistment are not affected by conviction and sentence for desertion in a subsequent enlistment. — P. M. G., Jan. 21, 1868, 4850 E. B. 261. "Rewards or expenses paid for apprehending a deserter, and the expenses incurred in transporting him from point of apprehension, delivery, or surrender to the station of his company or detachment, or to the place of his trial, including the cost of transportation of the guard, will be set against his pay upon conviction of desertion by a court-martial or upon his restoration to duty without trial. A soldier convicted by a court-martial of absence without leave will be charged with the expense incurred in transporting him to his proper station. The transportation and subsistence of wit- nesses will not be charged against a deserter." — A. R., 126. 1908. 262. "The rule to be enforced in regard to charging against a soldier apprehended as a deserter the amount of the reward paid for his apprehension is as follows: The charge is to be made only in case he is found guilty of desertion by a general court- martial, or if restored to duty without trial, on condition that he pay the cost of his arrest, or if found not guilty of desertion, but guilty of absence without leave, and sentenced by the court to pay the cost of his arrest. This rule is also to be extended so as to include the charges for the cost of his transportation. Such charges are to be made in such cases only as justify deducting the reward under the rule." — Vol. 3, 44 DESEBTEKS. Digest 2d Comp., 557, June 12, 1888; Comp., June -'ti, 1905, P. M. G. 0., 6036y {ease Clarence Witherspoon): also Comp., Jan. 12, 1910, P il. G. 0., 79213 {case Morris E. Roach, 65th Co., C. A. C). Note.— A soldier is 'found guilty of desertion or guilty of absence without leave" by a general • ourt- martial, within the meaning of the foregoing paragraph, only in the event that the findings of the court to that effect are approved by the reviewing authority.— P. J/. 0. 263. "If a soldier be brought to trial under a charge of desertion and acquittod, or convicted of absence without leaxe only, any amount paid as a reward for his arrest will not be stopped against his pay unless, in case of conviction of absence without leave, the sentence of the court shall so direct. The sentence in such case should direct the charge to take the form of a stoppage, not a forfeiture, thus allowing the amounts to be credited as a reimbursement." — A. R., 127, 1908. A soldier convicted of absence without leave and sentenced to pay reward for appre- hension and such sentence remitted by the reviewing authority is not subject to stoppage of the reward.— P M. G. 0., Xov. IS, 1909, 779.57. 264 . The cost of apprehension (which includes reward) is not a proper charge against a soldier who is not tried by court-martial, but is discharged without honor by reason of desertion.— Tomp., Jan. 25, 1908, P. M. G. 0., 60614 {case J. L. Gorron, C. Art.); and Comp., Jan. 12, 1910, P M. G. 0., 79213 {case Morris E. Roach, 6.5th Co., C. A. C). ENGINEERS. 265. The enlisted force of the Corps of Engineers and the officers serving therewith shall constitute a part of the line of the Army.— ^ct Feb. 2, 1901, 31 Stat., 754; G. 0., 9, 1901. EXPERT ACCOUNTANT. 266. The expert accountant of the Inspector-General's Department shall receive $2,500 per annum.— ^c« June 13, 1890, 26 Slat., 151; G. 0., 69, 1890. Note.— Laws relating to traveUng expenses of paymasters' clerks are applicable to the expert accountant of the Inspector-General's Department. HOSPITAL CORPS. 267. The Hospital Corps shall not be included in the effective strength of the Army nor be counted as a part of the enlisted force provided by law. — Act Mar. 1, 1887, 24 Slat., 435; G. 0., 29, 1887. 268. Enlistments for the Hospital Corps will be made in the grade of private. Sergeants first class, sergeants, corporals, lance corporals, and privates first class, may be reenlisted in their respective grades and their warrants and appointments continued in force, provided they reenlist on the day following that of discharge. — A. R., 1429, 1908. Note.— In cases of lance corporals the actual classification, "private first-class" or "private," should be shown in the column of "remarks" on the pay rolls. 269. "Sergeants fiist-class will be appointed by the Secretary of War on therecom- mendation of the Surgeon-General, provided they have served a year as sergeant, or as a hospital steward of volunteers, or acted in that capacity during and since the Spanish- American war for more than six months. Sergeants will be appointed by the Secre- tary of War on the recommendation of the Surgeon-General; corporals, lance corporals, and privates first-class will be appointed by the Surgeon-General or the chief surgeon of a division or department." — A. R., 1424, 1908. 270. The act of Congress approved May 11, 1908, providing for acting cooks of the Hospital Corps, is regarded as having established a new grade in that corps. The rating and disrating of enlisted men in such grade are similar in all respects to the HOSPITAL CORPS. 45 rating and disrating of enlisted men holding ttie grade of cook in a company of infantry, the authority therefor being vested, under the provisions of paragraph 2, General Orders No, 125, War Department, August 8, 1908, in the commanding officers of general hospitals and Hospital Corps companies, and the surgeons of military posts and stations, general recruit depots, and army transports. When an acting cook is disrated he becomes a private first-class or private of the Hospital Corps. — G. 0., 65, W. D., Mar. 31, 1909. Acting cooks are authorized as follows: 3 for each hospital corps company of more than 100 men; 2 for each hospital corps company of 100 men or less; 2 for each general hospital; 2 for each recruit depot; 2 for each post or station with garrison of 1 regiment or more ; 1 for each post or station with garrison of 2 companies or more and less than one regiment; 1 for each transoceanic transport. — G. 0., 12-5, Aug. 8, 1908. 271. "Sergeants first-class, though liable to discharge, will not be reduced. Ser- geants, corporals, lance corporals, and privates first-class may be reduced by sentence of a court-martial, by the Surgeon-General, or by the chief surgeon of a division or department."—^. R., lA:>(i, 1908. HOSPITAL MATRONS. 272. "Hospital matrons in post or regimental hospitals shall receive flO per month and one ration in kind or by commutation." — R. S., l'J77 . Note. — Hospital matrons are paid by the Pay Department, and are entitled to pay from date of appoint- mient. 273. Matrons are not entitled to leaves or to pay and rations while absent or unable to perform their duties. — Par. "290, Manual for the Medical Department; G. 0., No. 179, W. D., 1909. INDIAN SCOUTS. 274. "The President is authorized to enlist a force of Indians, not exceeding 1,000, who shall act as scouts in the Territories and Indian country. They shall be discharged when the necessity for their service shall cease, or at the discretion of the department commander." — R. S., 111"2. While in service scouts will receive the pay and allowances of cavalry soldiers. — A. R., 482, 1908. 275. A proportionate number of noncommissioned officers may be appointed with Indian scouts, and when they furnish their own horses and horse equipments they shall be entitled to receive 40 cents per day for their use and risk so long as thus employed.— ^c« Aug. 12, 1876, 19 Stat., 135; G. 0., 88, 1876. An Indian scout is entitled to the 40 cents per day so long as a horse and horse equipments are furnished; and the allowance shall continue while the scout is tem- porarily absent from duty under proper authority. — 8 Camp., 759, Apr. 29, 1902. 276. "Department commanders are authorized to appoint the sergeants and corporals for the whole number of enlisted Indian scouts serving in their departments, but such appointments must not exceed the proportion of one first sergeant, five sergeants, and four corporals for sixty enlisted Indian scouts." — A. R., 483, 1908. 277. "The enlistment and reenlistment of Indian scouts will be made under the direction of department commanders. The appointment or mustering of farriers or horseshoers on the rolls of Indian scouts is illegal."—^. R., 485, 1908, as amended by G. 0., 141, W. D., 1909. 278. Indian scouts are a part of the Army. —Act Feb. 2, 1901, 31 Stat., 748; G. 0., 9, 1901. Note.— They are on the same status as to continuous service pay and travel-pay as are other enlisted men. 46 LEAVES OF ABSENCE. LEAVES OF ABSENCE. 279. "Officers, when absent on account of sickness or wounds, or lawfully absent from duty and waiting orders, shall receive full pay; when absent with leave for other causes, full pay during such absence not exceeding in the aggregate thirty days in one year and half pay during such absence exceeding thirty days in one year."— iJ. S., 1265. Note.— "Half pay" will be deducted from the amount due on the face of an oincer's pay account only when it pertains to the period covered by the account; otherwise It should be treated as a collection, as it represents an overpayment. 280. In the discretion of the Secretary of War, leave of absence without deduc- tion of pay and allowances may be extended to four months if taken only once in four years.— ^c« July 29, 1876, 19 Stat., 102; G. 0., 78, 1876. 281. "In determining the period for which an officer is entitled to full pay on leave, time withia four successi\e leave years, terminating with the one in which absence is taken, will be considered. If the absence does not cover the entire period for which full pay is allowed, the balance thereof will be placed to the officer's credit as belonging to the last year- or years of the four considered and may be made available for future leave."— .1. R., 129.5, 1908. In computing leave credits a pro-rata credit for time served in the year in which an officer enters the service and full credit for the succeeding years, including the year of leaving the service, is allowable. — 2d Comp., Dec. 12, 1S92, P. M. G. 0., 1794- Under the amendment of Army Regulation 1296, by General Orders 224, War Department, dated November 9, 1909, changing the date of the commencement of the Army leave year from June 20 to July 1, a leave credit of one day will be allowed in all cases for the period from June 20 to June 30, 1910, so that rights of officers as regards full pay while on leave of absence shall be in no way curtailed.— Circutar No. 75, TTar Department, 1909. 282. When an officer is granted a leave of absence it shall be charged to the year or years in which it first accrued in order of priority of date, and any balance of accrued leave remaining shall stand to his credit for future leaves; provided no credit shall stand longer than four years from date of accruing. — G. 0., 77, 1886. Note.— An ofHcer who has four months' leave credits may get five months' leave on full pay if leave commences on any date between March 1 and June ]. 283. In requesting a statement of the amount of leave to which an officer is entitled, he should forward a complete list of leaves he has had, as shown by his personal record or from recollection, which will be verified in The Adjutant-General's Office and for- warded to the Paymaster-General for computation. — Sec. War., Aug. 11, 1903, P. M. G. 0., ■J6f;92. 284. All authorized absence from duty, except on account of sickness or wounds, counts as absence with leave, unless shown to be for the convenience of the Govern- ment.— Cir. 35, W. D., 1905. Hunting leaves are regarded as "for the convenience of the Government." — Cir. 52, W, D., 1905. 285. Unavoidable delays in returning from leave of absence can be excused by the authority who granted the leave which was overstayed, provided the period of the delay does not involve an absence for a longer period than the authority had the power to grant, in which case the delay must be acted upon by the next higher authority. — Cir. 5, W. D., 1905. 286. "Delays in obeying orders, in reporting for duty, or in returning to duty from leave can not be authorized except by the War Department. Such delays will be regarded as leaves of absence, unless it be stated in the order granting them that they are in the interest of the public service." — A. R., 70, 1908. LEAVES OF ABSENCE. 47 287. "The leave year is reckoned from July 1 to the following June 30, both inclu- sive. In computing leave of absence expressed in days during any leave year, every day of such absence will be counted; but in aggregating such absence thirty days, whether consecutive or otherwise, will be regarded as a month's absence. Leave expressed in months will be counted in months." — A. R., 1296, amended by G. 0., 224, W. D., Nov. 9, 1909. Leave of absence granted for less than 30 days which, through extension, permits an officer to continue on leave for 30 days or more, is viewed as leave expressed in days, and each day should be charged.—/. A. 0., May 31, 1906, P. M. G. 0., 56139. 288. Leaves of absence will be granted in terms of months and days, as ' ' one month, '' "one month and ten days." A leave of absence commences on the day following that on which the officer departs from his proper station. The day of departure, whatever the hour, is counted as a day of duty; the day of return as a day of absence. Leave for one month, commencing on the first day of a calendar month, will expire with the last day of the month, whatever its number of days. Commencing on an intermediate day, the leave will expire the day preceding the same day of the next month. The expiration of his leave, whether granted on account of sickness or not, must find an officer at his station, except as indicated in paragraphs 60 and 1313. — A. R., .58, 1908. 289. "An officer ordered to temporary duty while on leave will be be regarded as on duty from the day on which he receives the order. When the duty is to be per- formed at a future date he will be on duty from the date on which he starts to obey the order. The date of the receipt of the order in the first case, and the date of depar- ture in the second, will be promptly reported to The Adjutant-General of the Army. When relieved from such duty, or on the completion thereof, he reverts to the status of leave and will be credited with the time on duty under such order. " — A. R., 1298, 1908. 290. Officers appointed to the Army from the volunteer service, whose service has been continuous, shall be entitled to leave credits which accrued to them as volunteers, but were not availed of during their volunteer service. — Act June 30, 1902, 32 Stat., 608; G. 0., 68, 1902. 291. Leaves of absence which may be granted to officers of the Army serving in Alaska, or without the limits of the United States, for the purpose of returning thereto, shall be regarded as taking effect on the dates upon which such officers reach the United States and as terminating on the dates of their respective departure from the United States in returning to their commands. — Act Mar. 2, 1901, 31 Stat., 902; G. 0., 26, 1901. 292. Leaves of absence granted, for the purpose of visiting the United States, to officers of the Army serving in Alaska or beyond the limits of the United States, will be regarded as taking effect upon the respective dates upon which such officers reach, or might have reached, the United States. Officers performing the journey in the most direct way customary will be regarded as on detached service while en route to and from the United States. Hereafter an officer going to or returning from duty in the Philippine Islands, who desires to make the journey by a route other than the customary one and to visit foreign countries on leave of absence while en route, will be credited (in addition to the amount of time covered by the leave of absence granted to him) with a period of thirty days as on detached service to cover the average amount of time necessary to per- form the journey from the Philippine Islands to the usual port of arrival in the United States, or from said port to the Philippine Islands.—^. R., 60, amended by G. 0., 237, W. D. Nov. 29, 1909. 48 LEAVES OF ABSENCE. 293. Officers on leave from the Philippine Islands who fail, through their own neglect, to secure transportation on first transport after expiration of lea^•^■, will be required to return to Manila at their own expense upon first commercial vessel aftei- departure of transport. — G. 0., 196, 1907. 294. "Leaves to be absent from the Philippine Islands other than to return to the United .Stales, which may be granted officers of the Army si'rving in said islands and sailing from Manila, shall be regarded as taking effect on the dates such officers reach Manila, and as terminating on the dates of their departure from Manila in returning to their stations."— ^lc« ^far. 2, 1907, G. 0., 4S. 1907. 295. Officers detailed as students at the several ser^^ce schools and the Army War College, and absent therefrom during the suspension of the ordinary academic studies, w-ill be charged with leave for the time so absent. — Cir. .1. W. D., 1905. "The provisions of section thirteen hundred and thirty, Re\ised Statutes, author- izing leaves of absence to certain officers of the Military Academy, during the period of the suspension of the ordinary academic studies, without deduction from pay and allowances, be, and are hereby, extended to include officers on duty exclusively as instructors at the service schools on approval of the officer in charge of said schools."— AH Mar. J.i, 1910, G. 0., 54, W- D., 1910. 2iHi. AN'hen officers who are absent from their stations apply for payment, pay- maati'rs will require evidence of proper authority for the absence. The pay accounts will ;oTE.— The above debars the payment of actual expenses for such travel, whether with or without troops. 303. An officer in the Philippine Islands, traveling by transport by a longer route, is not entitled to mileage by other than the shortest usually traveled route unless ordered to travel by said transport.— Coirep., Nor. 14, 1908, P. il. G. 0., 70183. {Case Lt. Budd, 1st Infantry.) 304. Travel on a coast-guard vessel in the Philippine Islands is not travel on vessels owned, operated, or controlled by the United States, and mileage, without deduction of three cents, is allowable for travel without troops. — Comp., July 25, 1906, P M. G. 0., 46641. {Case Major Gambrill.) 305. "The Secretary of War may determine what shall constitute travel and duty without troops within the meaning of the laws governing the payment of mile- age."— Jlci -June 12, 1906, 34 Stat., 246; O. 0., 115, 1906. "Traveling with troops * * * will not be regarded as covering cases of officers included in the movement by railroad, stage, or like established lines of conveyances, of detachments of less than ten armed or unarmed men, such as guards and nurses for disabled or insane officers or soldiers, or recruiting parties and escorts for inspectors, paymasters, and others, or the public funds or property in their charge."— 4. R., 1301, 1908. 306. "The following are entitled to mileage to their first stations: Officers of the Medical Corps, officers of the Medical Reserve Corps, contract surgeons, and dental surgeons, from place of appointment; graduates of the Military Academy, from Weat Point; officers appointed from the ranks, from place of discharge as enlisted men. " — A. R., 1316, 1908, as amended by G. 0. 190, W. D., 1909. Note.— .\n officer appointed from the ranks is not deprived of mileage by availing himself of a leave prior to assignment.— P. il. O., Sept. 6, 1901, i 54748°— 10 4 50 MILEAGE. 307. The President himself, or through the War Department, may direct the movement of all ofBcera. To whatever place and on whate\cr business connected with the military service he may order them to proceed, they are bound to obey when Buch order is not forbidden by law; and in such case the officer is entitled to mileage. — BilliTigs vs. U. S., 23 Ct. Ch., 177. 308. To entitle an officer to mileage he must travel on public business; permission to tra\el does not entitle an officer to mileage.— Vol. S, Digest 2d Comp., 8^1, May 10, 1888. 309. "An officer traveling on duty in connection with public works (not arsenals, military surveys, or explorations) will receive travel allowances from the appropria- tion for the work, but if there be no appropriation, he will receive mileage from the Pay Department."— .4. R., 1315, 1908. 310. An officer traveling under the orders of the Secretary of War, which relieve him from duty with the Isthmian Canal Commission and direct him to report at a military station for assignment to duty, is not traveling in the performance of any duty for or under the Isthmian Canal Commission, but upon business pertaining to the military establishment, and the mileage or actual expenses should be paid from the army appropriation for mileage. — Comp., Jan. 27, 1910, P. M. G. 0., 80685. (Case Major MrCuUoch, jr., Medical Corps.) But the tra\el of an officer under orders which direct him to report to the Isthmian Canal Commission for duty is on business pertaining to the commission and mileage therefor is not payable from the army appropriation, but from the appropriation for the support of the Isthmian Canal Commission. — Comp., June 24, 1905, P. M. G. 0., 50073. (Case Lt. Angel, P. R. Infly.) 311. An officer furnished transportation, including subsistence and berth, over other than the official route is not debarred from receiving mileage or actual expenses over the official route, less the cost of transportation furnished, the acceptance of euch transportation not being a waiver of the officer's statutory right to mileage. — Comp., Dec. 27, 1906, P. M. G. 0., 11826-81, reversing 9 Comp., 72, Aug. 14, 1902 (case Major Alexander); see also 10 Comp., 355, Oct. 11, 190S, based on S8 Ct. Cls., 70, Jan. 5, 1903 [case Chauneey Thomas). 312. When the law provides mileage to an officer for a journey on commercial steamer and he is furnished with a transportation ticket which includes subsistence and stateroom without extra charge, he is entitled to mileage, less deduction of three cents for transportation. — 12 Comp., 497, Feb. 28, 1906. {Case Lt. Massee.) 313. An officer who (except for sea travel) uses a government conveyance upon which subsistence is not furnished is entitled to mileage with the regular deduction of three cents. — 3 Comp., 210, Dec. 5, 1896. (Case Major Mahon, Engr. Corps.) 314. An officer traveling under orders which entitle him to mileage, and who hires transportation for all or part of the journey, is not entitled to reimbursement for cost of such transportation from any appropriations for the Pay Department. — 9 Comp., 771, June 16, 1903. (Case Lt. Harper, 7th Cavalry.) 315. "All allowances for mileage shall be made solely from the sums appropriated for such purposes."— ^ci Apr. 23, 1904, 33 Stat., 267; G. 0., 76, 1904. "Allowances for mileage for travel on army business and all other business of a military character should be paid from the sums appropriated for mileage." — 11 Comp., 17S, Oct. 22, 1904; Comp., May 26, 1905, P. M. G. 0., 51563. Mileage to officers for travel in attending militia encampments is payable from the mileage appropriation. — Comp., June 24, 1908, P. M. G. 0., 66902-45. 316. "Mileage will be paid by the chief paymaster of the department in which the journey is completed. The foregoing will not apply to journeys in which delays at intermediate points occur and afford opportunity for the collection of mileage for travel performed to such points." — A. R., 1.303, 1908. MILEAGE. 51 317. "The original order, or certified copy, including indorsements, will accom- pany each voucher for mileage, and when transportation in kind has been furnished for the whole or for any part of the distance actually traveled, the order must be indorsed by the quartermaster issuing the transportation, showing between what points and over wh^t route such transportation was furnished." — A. R., 1308, 1908. Note.— Where an officer performs more than one journey under the same order and submits separate vouchers therefor, or where a number of officers perform journeys under one order, and payment is made in thesame month's account, it will be sufficient if the order is filed with the first voucher paid and reference thereto made on subsequent vouchers.— P. M. G., Sept. li, 1908, 7033S. 318. If transportation is furnished at the request of the officer, by a longer than the shortest usually traveled route, that fact shall appear in the quartermaster's indorse- ment on the orders.— Cir. 14, Q. M. D., 1907. 319. When part of a journey is performed when one statute is in force and the remainder after another statute takes effect the compensation for each part is to be at the rate provided by the statute in force when the traveling was done. — Sup. Ct., 128 U. S., 471 {case McDonald); 6 Comp., 527, Dec. 9, 1899. 320. "Having presented a mileage account to a paymaster and being dissatisfied with the amount received, it has passed out of the category of a current account and has become a contested claim, which no paymaster should be called upon to settle." — Comp., July 21, 1899, Cir. 193, P M. G. 0. {Case Lt. Schumm.) Note. — But in cases of short payments in mileage vouchers the Paymaster-General may, pursuant to an agreement with the auditor, direct the issuance of supplemental vouchers, observing the following routine: The vouchers to be prepared in the Paymaster-General's Office by the examiner of the account and to contain the proper reference to the original voucher, which must have noted on it by the examiner the fact that supplemental vouchers have been issued. ACTUAL EXPENSES. 321. "For all sea travel," except in the Philippine Archipelago, the Hawaiian Archipelago, the home waters of the United States, and between the United States and Alaska, "actual expenses only shall be paid to officers, contract surgeons, dental surgeons, and veterinarians, to paymasters' clerks, and to the expert accountant of the Inspector-General's Department when traveUng on duty under competent orders, with or without troops, and the amount so paid shall not include any shore expenses at port of embarkation or debarkation."— ^ct of June 12, 1906, 34 Stat., 247; G. 0., 115, 1906. See A. R., 1299 and 1300, 1908. 322. "Hereafter actual expenses only, not to exceed four dollars and fifty cents per day and cost of transportation when not furnished by the Quartermaster's Depart- ment, shall be paid to the officers of the Army, contract surgeons, and dental surgeons when traveling on duty without troops, under competent orders, within the geo- graphical limits of the Territory of AUska,."— Act May 11, 1908, 35 Stat., 114; O. 0., 80, 1908. 323. An officer stationed within the geographical limits of Alaska and directed to proceed to a place or places in Alaska on temporary duty and upon completion thereof to return to his station, is in the status of a traveler from the date of his depar- ture from his regular station to the date of return thereto and for such period is entitled to his actual and necessary expenses, not to exceed 14.50 per day and cost of transportation when not furnished by the Quartermaster's Department. The fact that the route of travel between two places in Alaska may lie in part outside the geographical limits of Alaska does not entitle to mileage, as distinguished from actual expenses, as the termini of the journey govern in determining the character of the journey. An officer directed to proceed from a place within the continental limits of the United States to a place or places within the geographical limits of Alaska for tem- porary duty and upon completion thereof to return to his proper station, is in the status of a traveler for the entire period, and is entitled to mileage for his journey 52 MILEAGE — ACTUAL EXPENSES. to and from Alaska, and to actual and necessary expenses while in Alaska, not to exceed $4.50 per day and cost of transportation when not furnished by the Quartermaster's Department.— CoHip., Aug. 9, 1909, P. M. G. 0., 69781 {case Capt. J. F. Hall, Medical Corps); and Oct. 14, 1909, P. M. G. 0., 78500 {case J. C. Whinnery, Dental Surg.). 324. Anofficeron foreign service, returning to or from the United States on lea\e of absence, who assumes command of troops on board the transport by virtue of being the senior line officer on board, is entitled to actual expenses tor the jouniey. — dr., ^>', ir. D., Oct. 31, 1908, confirmed by Comptroller, Mar. 19, 1909. Such accounts should contain a certificate b\- the officer that he assumed command by seniority under paragraph 225, Army Transport Regulations. — P. M. G., Mar. J6, 1909, 7Jo2S. 325. "An itemized statement of such expenses will be filed with each vouchor for payment, using the following as a basis of wha'. is allowable: "1. Fares upon commercial ffteamers or other usual modes of conveyance by sea, and the cost of transportation for self and bajjaage, by boat or lighter, to and from vessels when \oya,aes are not begun or ended at docks and a chari^o in addition to the cost of passage is made therefor. "2. t.'ost of fustomary stateroom accommodations on commercial steamers when the same is not included in the charvro for ])assase. ''3. Hire of special water transportation when there are no regular means of convey- ance. ''4. Actual cost of meals for tho time actually and unavoidably consumed in the voyage when the same is not included in the charge for ]ia.ssaf;o. Amount of rent of steamer chair, not exceeding $1 for trips of two days or longer on each commercial steamer, and fees to cabin and other stewards not exceeding the following: Six days or less on the Atlantic Ocean, $1.50 a day; seven to ten days, not exceeding $10; cloven to fifteen days or longer, $1 a day; total not exceeding |15. On the Pacific Ocean, fifteen days or less, .*l a day; total fees for fifteen days or longer not exceeding $15. To the West Indies, Cuba, Porto Rico, Panama, and to South American ports, ■SI a day; total fees for fifteen days or longer, not exceeding $15. From the Orient to the United States, via Suez, not exceeding .?25. "5. ^^Tien transhipping at an intermediate port, as a necessary incident to a continu- ous vo\a<;e, the actual costof meals and lodgings, including baths, at hotels, not exceed- ing $6 a day, transfer of self and baggage from dock to hotel and from hotel to dock, and fees to porters for handling baggage, not exceeding $2 for each transfer, and fees to waiters and bell boys at hotels, not exceeding 50 cents for each day. "The officer will certify on the itemized statement that the account is correct and just, and that the amounts charged therein were actually paid by him. Subvouchers, properly receipted, will be required tor items of board and lodging at hotels. When not practicable to obtain such subvouchers, the officer will so certify. The payment of fees to cabin or other stewards or the rent of steamer chairs when traveling on Govern- ment transports is not authorized. Accounts for reimbiu'sement for items not author- ized herein or in excess of the amounts stated will be forwarded to the Paymaster- General of the Army to be submitted to the Secretary of War for his consideration and approval before payment." — A. R., 1-300, 1908, as amended by G. 0., 167, W. D., 1909. Note.— Ordinarily the cost ot lodging will be regarded as pertaining to the day in which the night for which the lodging was procured began.— 7 Comp., S3S, Jan. IS, 1901. 326. A transporta,tion request for sea travel on behalf of an officer traveling without troops on a vessel other than a government transport can not be issued by the Quarter- master's Department. An officer traveling by sea and not on a government transport must pa>' for his transportation, subject to reimbursement by the Pay Department, for the expenses actually incurred by him in the performance of the journey. — Cir. 93, IF. D., 1908. MILEAGE ACTUAL EXPENSES. 53 327. Tips must be itemized. The rule which requires the statement as far as possible of the items of an expense account is a rule of the accounting officers of the Treasury, and seems necessary to insure their acr'uracy and the enforcement of the law that only actual traveling expenses be allowed. — 14 Comp., 530, Feb. 19, 1908. 328. An officer traveling from the Philippine Islands to the United State.s who, for his own convenience, proceeds on a commercial liner and is not furnished trans- portation and subsiBtence is entitled to reimbursement of what it would have cost the Government if he had come on a transport. — Comp., .Time ■}, 1904, P. -'/. G. 0., 43744. (Case iJajor Houston.) DEDUCTIOXS. 329. " OtHcerrt who so desire may, upon application to the Quartermaster's Depart- ment, be furnished under their orders transportation requests for the entire journey by land, exclusive of sleeping and parlor car accommodations, or by water, and the transportation so furnished shall, if travel was performed under a mileage status, be a charge against the officer's mileage account, to be deducted at the rate of three cents per mile by the paymaster paying the account, and of the amount so deducted there shall be turned over to an authorized officer of the Quartermaster's Department three cents per mile for transportation furnished, except over any railroad which is a free or fifty per centum land-grant railroad, for the credit of the appropriation for the trans- portation of the Army and its supplies." — Act June 1"2, 1906, 34 Stat., 246; G. 0., 115, 1906. See A. R., 1299, 190S. Note.— When an officer has been furnished sleeping-car accommodations the cost of the same must be deducted from his miieage account. 330. "When the established route of travel shall, in whole or in part, be over the line of any railroad on which the troops and supplies of the United States are entitled to be transported free of charge, or over any fifty per centum land-grant railroad, officers traveling as herein provided for shall, for the travel o^■er such roads, be fur- nished with transportation requests, exclusive of sleeping and parlor car accommo- dations, by the Quartermaster's Department. When transportation is furnished by the Quartermaster's Department, or when the established route of travel is over any of the railroads above specified, there shall be deducted from the officer's mileage account by the paymaster paying the same three cents per mile for the distance for which transportation has been or should have been furnished." — Act June 12, 1906, 34 Stat., 247; 0. 0., 115, 1906. See A. R., 1?99, 1908. For land-grant map and list of railroads, see G. O., 41, 1907. 331. If an officer fails to secure transportation requests over subsidized roads, he can not be reimbursed for what it would have cost the Government had transportation requests been furnished.— Comp., Apr. 21, 1902, P. M. G. 0., 30321. (Case Lt. Guy E. Carleton.) 332. When transportation is furnished for the entire distance or for a part of the distance by a route longer than the official route, and the cost is generally known to be no greater than by the official route, or it is so certified by the quartermaster, deduc- tion is made for the distance by the official route; if the cost is greater, deduction is made for the actual distance for which transportation is furnished plus the excess of land-grant distance on the official route over that on the route on which transporta- tion was obtained. The transfer to the Quartermaster's Department will be for the dfstance for which deduction is made, exclusive of the land-grant distance involved in such deduction. — Auditor, Apr. '25, 1907 . Note.— When transportation is furnished by a route longer than the official route and the cost is not greater than by the official route, settlement with the Quartermaster's Department will be the same as if the transportation had been furnished by the official route. If the cost is greater the settlement with the Quartermaster's Department will be made on the basis of the route over which transportation was actually furnished.— P. M. G. 0., 630S8. 54 MILEAGE. DISTANCES. 333. Distance between two points of travel is fixed absolutely by mileage tables prepared by the Paymaster-General, under direction of the Secretary of War, regard- less of the actual distance.—? Comp., S04, Jan. 5, 1901. 334. When travel is performed by a longer route than that usually traveled and the evidence shows it was not for the officer's personal convenience or pleasure, but that the necessities of the service demanded it, mileage may be paid for the distance actually traveled.— Comp., Dec. 19, 190:, P. M. G. 0., 118^6-73. 335. ■ ' All payments made by paymasters on account of mileage will be determined in accordance with distance tables officially promulgated and in use at the date of beginning of the journey. Exception to this rule will be made only when the terms of the order, or the impracticability of the shortest usually traveled route, compel the officer to take a longer route, in which case mileage will be computed over the route actually traveled,"^.!. R., 1302, 1908. 336. The shortest usually traveled routes between the United States and the fol- lowing places are as hereinafter indicated, and actual expenses and mileage must be computed accordingly unless other routes are traveled or specified, as contemplated in Army Regulations 1302 and 1307 of 1908: Philippine Islands via San Francisco; Porto Rico via New York City and San Juan; Cuba via New York City and Havana from points in the New England States, New York, and New Jersey; Cuba via Jack- sonville, Fla., the Florida East Cna,>J4, P M. G. 0. 398. A cadet suspended and off duty is not entitled to pay during suspension.— Vol. 4, Digest 2d Comp., 208, 229, Jan. 8, 1894. 399. Cadets upon being discharged from the service are not entitled to mileage, but to actual expenses to their homes, payable by the quartermaster of the academy. — Vol. 2, Digest M Comp., 117.3, Feb. 25, 1876. See A. R., IJSS, 1908. 400. Cadets are not entitled to mileage for travel performed on duty under com- petent orders.— Op. Judge-Adronilc-General, Apr. 12, 1909; P. M. G. 0., 74901. 401. "Leaves of absence for three months, from date of graduation, will be allowed to graduates of the Military Academy. Such leaves will not be counted against them in subsequent applications for leave, but can not be postponed to another time. A graduate who is ordered on temporary duty at the Military Academy while on gradua- tion lea\e will revert to leave status on completion of the duty and will be permitted to complete a period of three months on graduation leave exclusive of the time spent on such duty."— ^. P., 53, 1908. 402. Every cadet who may hereafter be commissioned a second lieutenant shall be allowed full pay as second lieutenant from the date of his graduation to the date of his acceptance of and qualification under his commission and during his graduation \e&\e.—Act Dec. 20, 1886, 24 Stat., 351; G. 0., 5, 1887. But "appointment to a lieutenancy being tendered a cadet, acceptance is necessary to constitute him an officer and it is necessary for him to take an oath of office before he becomes entitled to pay as an officer." ( Vol. 3, Digest 2d Comp., 868, Oct 24, 1885.) Therefore a graduated cadet who is discharged before accepting his commission is only entitled to the pay of a cadet to date of discharge. — See P. M. G. 0., 51559. See A, R., 1334, 1908. MILITIA. 403. "Whenever any officer or enlisted man of the organized militia shall upon the recommendation of the governor of any State, Territory, or the commanding general of the District of Columbia militia, and when authorized by the President, attend and pursue a regular course of study at any military school or college of the United States, such officer or enlisted man shall receive from the annual appropria- tion for the support of the Army, the same travel allowances and quarters or commuta- tion of quarters to which an officer or enlisted man of the Regular Army would be entitled for attending such school or college under orders from proper military author- ity; such officer shall also receive commutation and subsistence at the rate of one dollar per day and each enlisted man such subsistence as is furnished to an enlisted man of the Regular Army while in actual attendance upon a course of instruction. " — ■ Sec. 16, Act Jan. 21, 1903, am.ended by act May 2,7, 1908, 35 Stat., 402; G. 0., 99, 1908. 404. Upon reporting at the school the militia student officer may be paid his mileage as would an officer of the Regular Army. — /. A. G., Dec. 6, 1905, P. M. O. 0.; 53771. The commutation of subsistence is payable by the Pay Department from appro- priation "Pay of the Army.''— Sec. War, Nov. 10, 1904, P- M. G. 0., 47714. Quarters in kind can not be furnished militia officers. — G. 0., 124, 1905. The promotion of a militia student officer takes effect on the date of his acceptance of the commission in the higher grade, within the meaning of determining the rate of his commutation of quarters. — Secretary of War, Jan. 19, 1910, P. M. G. 0., . MILITIA. 63 4:0S. "A militia officer attending school is not entitled to the allowances for which the statute makes provision while he is absent on account of either ordinary or sick leave."— i4 Comp., 641, Mar. 30, 1908. "The attendance will be certified to by the commanding officer. If the officer attends all sessions of the school during each month certificate will cover the entire month. The inclusive dates of all absences will be stated in certificate. The cer- tificates will be filed with accounts for commutation of quarters and subsistence. The first account will also be accompanied by a copy of the authority under which the officer reported at the school. " — dr., 29, W. D., 1908. See paragraph 226, Regulations of the War Department Governing the Organized Militia, amended by G. 0., 75, W. D., 1908. 406. Under the decision of the Comptroller of January 9, 1905 (paragraph 420, Manual), if attending military schools under section 16, a captain and assistant surgeon is entitled to the commutation of quarters of a captain. — P. M. O. 407. A militia student officer authorized by department commander to take a reexamination after close of regular school term is entitled to commutation of quarters and subsistence during the period required for such reexamination. Copy of the authority should be filed with the voucher.— P. M. G., Apr. 24, 1906, 55901. 408. "A militia officer having successfully completed the prescribed course for a term shall be ordered to his home, and his commutation of quarters and allowance for subsistence shall cease until the beginning of the next term, when he will again be ordered to the same post and will thus continue until the entire course is com- pleted."— G. 0., 124, 1905. ENCAMPMENTS. 409. That the Secretary of War is authorized to provide for participation by any part of the organized militia of any State, Territory, or the District of Columbia, on the request of the governor of a State or Territory, or the commanding general of the militia of the District of Columbia, in the encampments, maneuvers, and field instruction of any part of the Regular Army, at or near any military post or camp or lake or sea-coast defenses of the United States. In such case the organized militia so participating shall receive the same pay, subsistence, and transportation as is provided by law for the officers and men of the Regular Army, and no part of the sums appropriated for the support of the Regular Army shall be used to pay any part of the expenses of the organized militia of any State or Territory or the District of Columbia, while engaged in joint encampments, maneuvers, and field instruction of the Regular Army and militia. — Extract of sec. 15, act Jan. 21, 1903, amended by act Apr. 21, 1910; O. 0., 78, W. D., 1910. Note.— When participating as above, the militia is paid by army paymasters on rolls furnished by the Pay Department, Form 32. 410. When participating in maneuvers under section 15, the militia "may, after being duly mustered by an officer of the Regular Army, be paid at any time after such muster for the period from the date of leaving the home rendezvous to date of return thereto as determined in advance, both dates inclusive, and such payment, if otherwise correct, shall pass to the credit of the paymaster making the same."— ^ct June 12, 1906, 34 Stat., 249; G. 0., 115, 1906. 411. A member of the organized militia participating in the joint maneuvers with the Regular Army, upon the invitation of the Secretary of War, who was not duly mustered by an officer of the Regular Army, as required by the act of June 12, 1906, is not entitled to pay for his services, notwithstanding that he was on duty under orders of proper state authorities.— .Z5 Comp., 414, Jan. 12, 1909. (Case Captain Palmer, 7th New York.) 412. The organization of the militia "shall be the same as that which is now or may hereafter be prescribed for the Regular and Volunteer Armies of the United States 64 MILITIA- — EXCAMPMEXTS. within seven years from the date of the approval of this art." — Sec. 3, act Jan. >'/, 190.i, amended by joint res. Jan. 16, 1908. Until January 21, 1910, only such officers as are provided tor in the militia laws of the State are entitled to pay when participating in an encampment. — P. M. 6., July 2, 1906, 56U8-1S. 413. An officer of militia below the grade of major, required to be mounted during period of encampment, is entitled to additional pay under same regulations as are army officers. — 15 Camp., 15, Aug. 1.3, 1908. 414. Members of militia "can not be considered as participating in encampment prior to dat« of leaving the home rendezvous, or subsequent to the date that is deter- mined in advance as the date of return thereto," and men detained in field hospital at maneuver camp by sickness contracted in line of duty while attending encampment are not entitled to pay beyond said period. — Comp., Mai/ 25, 1907, P. M. G. 0., 56U8-VS. (CaseS. Dak. Militia.) 415. Officers and enlisted men of militia engaged in service under section 14 or 15, militia act, are entitled to be paid for the actual number of days (inclusive of the 31st) at the same rates of pay as officers and enlisted men of corresponding grades of the Regu- lar Army.— ;0 Comp., J92, Oct. JO, 190.1; 15 Comp., 122, Sept. 5, 1908. 416. Signatures on rolls in receipt for pay must be the genuine signatures of the soldiers. If officers or men were ordered to camp in advance of period of encampment or held there subsequent thereto, the authority in each instance must accompany the roll.— Comp., on. 14, 1903, P. M. G. 0.; .37274. 417. Members of the militia are entitled to pay only while on duty and not while on leave, during the period of encampment of the militia of which they are members. — Sec. War, Aug. 25, 1905, Cir. 11'. D., June 25, 1906. 418. Line officers of militia belonging to organizations not attending maneuvers may be assigned to duty to fill vacancies in lower grades in companies of militia of the State to which they belong and attending maneuvers and draw pay for such temporary rank.— /O Comp., 360, Oct. 19, 1903. The above applies also to staff officers. — P. M. G., Aug. 10, 1906, 56448-72. 4 19. In computing the pay of officers and enlisted men of the organized militia any previous ser\i( e by them in the regular or volunteer forces of the United States should not be taken into account. — 10 Comp., 18, July 7, 1903. Neither are they entitled to longevity pay for service in the militia. — /. A. G., Oct. 5, 1904, P M. G. 0., 46479. 420. An officer of the organized militia lawfully holding the rank and grade of captain and assistant surgeon is entitled to the pay of captain while participating in encampment with Regular Army. — 11 Comp., 345, Jan. 9, 1905. (Case Dr. Martin- dale, loua National Guard.) 421. A militia officer does not "hold office" within the meaning of the act of July 31, 1894 (28 Stat., 205), and is entitled to pay during encampment, even though he holds a Government position with salary of more than $2,500 per annum. — Comp., Oct. 27, 1904, P. M. G. 0., 47926. {Case Col. McClintock, postmaster, Phoenix, Ariz.) A retired officer commissioned as an officer of militia may, under above decision, receive his retired pay and the pay of his rank in the militia while participating in an encampment.— P. M. G., June 13, 1906, 47090. 422. There is no provision of law for payment of mileage to officers of the organized militia who participate in Regular Army encampments.— Comp., Sept. SO, 190S, P. M. G. 0., 37274: also 11 Comp., 545, Mar. 21, 1905, and Comp., June 24, 1908. ' NUKSE CORPS. 65 NUR.SE CORPS. 423. The nurse corps (female; shall consist of one superintendent, at $1,800 per annum, and as many chief nurses, nurses, and reserve nurses as are needed, payment to be made by the Pay Department. Reserve nurses may bo assigned 'to active duty when the emergency of the service demands, but shall receive no compensation excejit when on such duty. — Act Feb. 2, 1901, 31 Stat., 75S; G. 0., 9, 1901. 424. Members of the Nurse (Jorps (female) shall hereafter be paid $50 per month for the first period of three years' service; |55 per month for the second period of three years' service; $60 per month for the third period of three years' service, and $65 per month after nine years' service in said Nurse Corps. All female nurses shall hereafter be entitled, in addition to the rates of pay as provided, to $10 per month when serving beyond the limits of the States comprising the Union and the Territories of the United States contiguous thereto (excepting Porto Rico and Hawaii). When serving as chief nurses their pay may be increased by authority of the Secretary of War, such increase not to exceed 130 per month.— An Mar. 2S, 1910: G. ()., .54, Apr. 6, 1910. Service in th,e Army Nurse Corps prior to March 23, 1910, as well as subsequent thereto, is to be count ed in del ermining the rate of pay an army nurse receives from and after March 23, 1910.— Comp., Apr. 28, 1910, P. M. G. 0., 82272. Note. — There are no allowances payable by the Pay Department. 425. The pay of chief nurses at general hospitals, at base hospitals, and on hospital ships will be their pay as nurses plus $30 a month. The pay of other chief nurses will ordinarily be their pay as nurses plus $20 a month; but in cases where special skill and capability are required the Surgeon-General in his discretion may increase the additional amount to not more than $30 a month. (a) The additional pay provid<'d for chief nurses as above can be allowed to them only when they are actually serving as such. When on leave uf absence or en route between stations they can draw only their pay as nurses. — G. 0., 106, W. D., 1910. The increased pay authorized by law for chief nurses is given them for their service as such in fact, and not because they are appointed as chief nurses. When not actually serving at hospitals at which there are other nurses of whom they presumably are at the head, they only get the pay provided for all nurses. — Comp., May 7, 1910, P. M. G. 0., 82676. (Navy Department case.) 426. Nurses, including chief nurses, will be paid monthly on pay rolls prepared and certified by the commanding officer of the hospital or sanitary formation to which they are attached for duty. Blank forms for the purpose will be furnished by the Fay Department. The instructions thereon must be carefully observed. (c) All payments to nurses must be noted on their letters of appointment. — G. 0., 106, W. D., 1910. Note. — The notation of payment will be made on the appointment by the surgeon under whom the nurse is serving at time ot payment. 427. Members of the Nurse Corps may be granted leaves of absence for thirty days, with pay, for each calendar yea.x.—Act Feb. 2, 1901, 31 Stat., 753; G. 0., 9, 1901. All female nurses shall hereafter be entitled to cumulative leave of absence with pay at the rate of thirty days for each calendar year of service in the Nurse Corps. — Act Mar. 23, 1910; G. 0., 54, W. D., Apr. 6, 1910. Nurses will not be granted extra leave of absence with pay because of illness. — Manual for the Medical Department; G. 0., 141, W. D., 1907. 428. Reserve nurses will be allowed leave with pay at the rate of two and one- half days for each calendar month of active duty and not exceeding thirty days during any calendar year. — Cir. 12, A. G. 0., 1901. 54748°— 10 5 66 NUBSE CORPS. 429. "When a nurse is under orders to lea\o her station, or is granted a leave of absence, the officer in charge of the hospital will indorse on her appointment the date other departure, with date and source of order, date of last paynu'iil, and name of paymaster by whom paid. The date of return to duty will also be indoi-sed t hcrc^on . "— G. 0., 54, If. D., 190S. 430. Discharged nurses will be paid on pay rolls certified by the commanding olluoi- of the hospital or sanitary formation to which they were attached at the lime of dis- charge. The pay accounts of nurses ordered home for discharge will be prepared in the ollico of the Surgeon-General.— G. 0., 106, W. D., 1910. PAYMASTER- GENERAL. 431. "The Paymaster-General shall perform the duties of his office under the direction of the President." — R. S., 1186. 432. The Paymaster-CUneral is charged with the financial and internal adminis- trative dutii's of his department; the distribution of funds to paymasler.s, guarding against any exrc.> enlisted men and repaid to them when they are discharged or retired.— P. M. G. 433. "All the accounts of individual paymasters shall be analyzed under the several heads of the appropriation and recorded in detail by the Paymaster-General of the Army before said accounts are forwarded to the Treasury Department for final a.\iA\t."—Act Mar. 2, 1905, dJ Slat., S.li; G. 0., ¥>, 1905. "The time for examination of monthly accounts * * * after the date of actual receipt and before transmitting the same to the Auditor is hereby extended from twenty to sixty days."— .4c« Mar. 2, 1901, 31 Stat., 910; (1. 0., Jd, 1901; amending sec. 12, act July SI, 1894, 28 Stat., 209; G. 0., M, 1894. See A. R., 659, 1908. 434. "Chiefs of bureaus may grant leaves for one month to officers of their respec- tive corps serving under their immediate direction, or extend to that period those already granted to such officers." — A. R., 52, 1908. 435. "Efficiency reports will be made on June 30 of each year and forwarded to The Adjutant-General of the Army through intermediate commanders, who will indorse thereon such remarks as may be proper in each case: 2. " By the chief of each staff department or corps and each staff bureau respecting each officer of his department, corps, or bureau not otherwise reported on." — A. R., 839, 1908, as amended by G. 0., 84, 1910. 436. "In preparing efficiency reports, reporting officers will exercise the greatest care to set forth all facts concerning each officer and his record which may aid the Department in forming a true estimate of standing, ability, and special fitness for any mihtary duties."—^. R., 842, 1908. 437. "Chiefs of staff corps and departments will note the correctness of the effi- ciency reports received and will add any data known to them which will contribute to the completeness of the record in each case. All efficiency reports will be trans- mitted to the Secretary of War as soon as practicable after their receipt, verification, and completion."—^. R., 843, 1908. PAYMASTERS. 67 PAYMASTERS. 438. "The paymasters and additional paymasters shall pay the regular troops, and shall pay all other troops in the service of the United States, when required to do BO by order of the President." — R. S., 1188. 439. "Every disbursing officer, in opening his first account and before issuing any checks, will furnish the depositary on whom the checks are to be drawn with his official signature, duly verified by some officer whose signature is known to the depositary."—.!. R., 598, 1908. 440. Paymasters in the United States other than those mentioned in paragraph 455, Manual, will, on December 31st of each year, deposit all unexpended balances except those of the current fiscal year. — G. 0., 73, W. D., 1903, amended by Sec. Treas. Jan. 9, 1904, P. M. G. 0., 42094. 441. A line officer detailed as paymaster will sign as captain, paymaster. — G. 0., U, W. D., 1903. 442. Officers serving abroad and acting as paymasters should be designated as "special disbursing agents" under the provisions of section 3614, Revised Statutes. They should charge themselves with the full amount of funds and take credit for any loss in effecting exchange, or charge themselves with the profit resulting from such exchange, stating all particulars as to the rate at the time it was effected. The profit or loss should Ije credited or charged to "Pay of the Army. ' — Comp., Nov. Hi, 1904, Cir. 51, W. D., 1904; 11 Comp., 430, Feb. 5, 1905; Annual appropriation act. 443. "No officer or clerk of a disbursing officer shall be interested in the pur- chase of any soldier's certificate of pay due or any other claim against the United States."—^. R., 595, 1908. Note. — But when an officer purchases final statements as an accommodation to the soldier, and not himself profiting thereby, payment will be admitted on the officer's certificate to the facts. 444. Wherever au oflScer has found it necessary to advance his private funds in order to properly perform his duty, sur'h an advance is not regarded as voluntary or unauthorized, creating no liability on the part of the Government; but is an advancement rendered necessary by the exigencies of the situation for the existence of which the Government is responsible, and for which the officer is entitled to reim- bursement. — 8 Comp., 46, July 17, 1901. 445. " If any disbursing officer shall bet at cards or any game of hazard, his com- manding officer will suspend his functions, require him to turn over all public funds in his keeping, and will immediately report the case to the proper bureau of the War Department. He will also report the case to the department commander, who will at once convene a court-martial for the trial of the officer. — A. R., 597, 1908. 446. Quartermasters' supplies on change of station: Typewriters and property which a paymaster does not desire to take with him to his new station will be turned in to the nearest quartermaster and same credited on his memorandum receipt. Property that a paymaster desires to take with him to new station, such as dating stamps, seals, etc., will be duly invoiced by the quartermaster's department to the nearest quartermaster to new station; and the paymaster will give a new memoran- dum receipt and the old one will be canceled. — See Cir. 51, W. D., 1905. 447. An officer ordered to the Philippine Islands, Honolulu, or Cuba will imme- diately apply to the Quartermaster-General for transportation on the transport on which he is to sail.— G. 0., 196, 1907. 448. When a paymaster is ordered to turn over his funds and close his accounts, he need turn over his actual money balance only. On resuming duty he will again take up the amount of the suspensions. When ordered to rebond he will turn over his actual money balance, but on resuming duty he will not take up on his new 68 PAYMASTERS. account-current the amount of his suspensionB under his old bond, against which they will remain charged until removed.— CiV. 86, P. M. G. 0., Muii 18, 187:1. 4i9. A paymaster need not close his accounts if taking advantage of a leave of absence of less than ten days, or if changing station within the department where he is serving. — P. M. G. 450. 'When an offirer ceases to act as a disbursing officer, or for any reason closes his accounts, he will prepare a closing statement of his money accounts, from ilale of last inspection to and including the closing of his accounts, with a sepai-ale list of checTss outstanding for each deiKisilary. If he is under the command of a division or department commander, or his accounts are assigned for inspection to the division or department inspector, he will forward the statement and list of checks to division or department headquarters, through militar\- channels, for the usual aetion, including inspection if practicable. If disbursing under the direction of the Secretary of War without such as.«ignment, he will forward his papers directly to the Adjutant-General of the Army, who will transmit them to (he Inspector-General of the Army." — A . A'., 910, 1908. 461. "When a iiaymasler .shall be ordered to be retired, discharged, or mustered out of the service of the United States, and is relieved from duty, he will at once close his iHcounts and transmit the same to this office without delay, accompanied by a statement of outstanding checks and the number of the last check drawn by him on each depository where he had funds to his credit. lie will, at the same time, turn o\er his balances and unused checks and check books to a paymaster, retaining only the stubs of checks issued by him."- Or. ,.'(.'*, P. M. G. 0., Sept. 27, 1900. Note.— The receipts obtained for iinu.si'il ctieclts and clieck boolss will be forwarded to tlie oITice origi- nally siipplving the checks. CHIEFS. 452. The department staff will include a chief paymaster, who will make a portion of the payments in the conimand. — -1. R., Itj.'i, 1908. Mileage payments will be made by the chief iiaymaster of the department. — Cir., 266, P. M. G. (>., May 1>, 1902. 463. "The chief paymaster of a command, under the direction of its commander, will have control of all paymasters therein, and be responsible for the payment of the troops of the command."—.!. /?., I:i7:i, 1908. 464. Estimates for funds will be prepared by chief paymasters and mailed to reach the Paymaster-General's Office not later thah the 10th of each month. (!hief paymasters will be held responsible for any unnecessary accumulation of funds, either in depositories or in the hands of paymasters under their control. — P. M. G. 455. Chief paymasters and the post paymaster at Washington may withhold until appropriation lapses such balances of the two preceding fiscal years as may be neces- sary to meet outstanding liabilities. — G. 0., 7S, W. D., 190.1, amended by Sec. Treas., Apr. 17, 1907, P. M. G. 0., 4W94. Authority for action of Secretary of Treasury contained in section 3691, of the Bevised Statutes. 456. "Chief paymasters will examine the books and accounts of paymasters serving under them at such times as in their opinion may be necessary, and at least once in four months, at a time as nearly midway between the inspections made by the regular inspectors-general of the Army as possible. Report will be made direct to the Paymaster-General upon blank forms prepared in this office, showing the bal- ance on hand at time of the examination and its disposition; whether cash and check books are kept in compliance with orders; if deposit and weekly statement books are kept up to date; whether all cash left over from field payments and received from miscellaneous sources is promptly deposited; whether vouchers are properly filled in and briefed, and whether the requirements of paragraphs 1276, 1277 and PAYMASTEES CHIEFS. 69 1278, Army Regulations, 1908, have been slriotly complied with. Chief paymasters will make reports of their own accounts." — Cir. 274, P- M. O. 0., Oct. 27, 1904. 457. Chief paymasters are prohibited from calling for copies of regular reports and returns at stated times additional to those required by regulations. — Cir. 58, W.D., 1905. 458. Chief paymasters who forward communications from their subordinates to the Paymaster-General should indorse on them their remarks or opinion, without letters of transmittal; but they are enjoined to forward no communication inquiring for informa- tion, or for an expression of opinion upon matters of official business where their own opinion or action is competent to govern in the case. — P M. G., Nov. 7, 1863. 459. Chief paymasters will, upon their monthly reports, which should be forwarded to the Paymaster-General as promptly as practicable after the first of every month, show the following data with reference to each officer borne thereon : The station of the officer at date of report; his duties during the month just past; date of commencement of absence from his proper station; whether on duty or on leave; the nature of such absence, with the authority therefor; date of rejoining station, and date of entry upon or relief from any duty. In case of payments to troops, the reports should specify the posts paid, with dates of payment and upon what muster. — Cir. 141, P. M. G. 0., May 7, 1890. In addition to the above data, the following will be included in the report: (1) In cases of payments by checks of by currency sent by express, the fact to be so noted in column of remarks; (2) special service (whether involving absence from station or not) on boards of survey, courts-martial, retiring or examining boards, etc., noting dates employed and authority therefor.— P. M. G., Mar. 25, 1893, 713 of 1893. 460. "Efficiency reports will be made on June 30 of .each year and forwarded to The Adjutant-General of the Army, through intermediate commanders, who will indorse thereon such remarks as may be proper in each case: ******* 3. By the head of each staff department or corps at the headquarters of a territorial division or department respecting each officer attached to his office or serving under his immediate direction." — A. R., 839, 1908, as amended by G. 0., 84, 1910. Note— The above applies to chief paymasters, who should report on each paymaster serving under his direction. See also paragraph 436 Manual. REPORTS. 461. "An officer of a staff corps or department, or an officer serving therein by detail, will report to The Adjutant-General of the Army and to the head of his corps or department on the last day of every month, giving his address, a statement of the duties on which he has been employed during the month, the date of his assignment thereto, and the authority by which so assigned." — A. R., 836, 1908. 462. "All officers absent from their regiments, corps, or commands will at the end of each month make report by letter to The Adjutant-General of the Army and to the headquarters of their regiment, corps, or command, giving their address; if on duty, the date of commencement of same, nature thereof, and by what authority, and if not on duty, date of commencement of and authority for absence; and any officer so absent who may incur any sickness or injury will include in his report for the month in which it occurred a statement of the fact, giving the nature and cause of such sickness or injury."—^. R., 834, 1908. 463. "An officer granted leave of absence for more than ten days will, upon taking advantage thereof, report to his post and regimental or corps commander and to The Adjutant-General of the Army the date of his departure and his new address, and there- after he will immediately report any change in his address and the date of return to duty to the same officers. Verbal permits for less than twenty-four hours are not counted as loaves of absence, but every other absence, of whatever duration, with date of departure and return, will be noted on the rolls and returns." — A. R., 64, 1908. 70 PAYMASTERS — REPORTS. 464. E£u;h change of address, when a paymaster is on leave of absence or on detached senace, will at once be reported to the Paymaster-General. — Oir. 156, P. M.G.O., Jan. g8, 1893. 465. Each officer of the Pay Department, when ordered to a new station for per- manent duty, or to temporary duty at another station, will report at once by letter to the Paymaster-General, (a) on departure from the old station the time of departure, (b) on arrival at the new station the time of arrival. — P. M. G. 466. "When any officer arrives at Washington, D. C, or at headquarters of a terri- torial division or department, he will report at. the oflSceof The Adjutant-General, and will there record his name, residence in the city, and the authority liy which he is absent from his station."—^. R., SS2, 1908. 467. "An individual service report will be made on June 30 of oarh year by each officer of the Army, except general officers and the chiefs of the Staff Corps, departments, or bureaus of the War Department. The report will be forwarded to The Adjutant- General of the Army through intermediate commanders, who will verify as far as practicable from official records under their charge all statements made under the head- ing 'Succinct account of services.' " — A. R., 8SS, 1908. 468. "Hereafter all requests and recommendations, either written or verbal, received at the War Department from or on behalf of army officers, of whatever nature — other than those received through regular military channi-l.^ — shall be filed with or noted on their records. Officers who do not desire such notations on their records should take such action as may be necessary to prevent such requests or recom- mendations being made." — Executive Order, Mar. S, 1909, G. 0., 38, 1909. 469. At the close of business on each Saturday paymasters will render to the Paymaster-General, through the office of the chief paymaster, a statement of funds on hand, showing where they are deposited. Funds reported on the statement as in transit will be fully described. Weekly statement.^ will be rendered from any place an officer may be on Saturday and said place will be stated. When cash is in hand at the end of the week the reasons for it will be stated in full; e.g., "Cash in hand too late for deposit;" "Cash in transit by Q. M. D.;" "Cash in hand for field payments." Officers on leave of absence and not responsible for funds need not render weekly statements. — Cir. 176, P. M. G. 0., June 11, 1898, hereby amended. PAYMASTERS' CLERKS. 470. PaymasterH are authorized by and with the approbation of the Secretary of War to employ citizens as clerks. — R. S., 1190. Paymaster's clerks are appointed by the Secretary of War upon the recommendation of the Paymaster-General. Personal clerks to detailed paymasters will be selected from the clerks on the urias- signed list who are available for such details, the paymaster being privileged to suggest his preference before the assignment is made. 471. A clerk whose acceptance of an appointment was evidenced by his entrance on duty is entitled to pay from that date, although oath was not taken until a later date; but the voucher should show the manner of acceptance. — Comp., Feb. 20, 1900, P. M. G. 0., 13259 (case Fred Barnes); 4 Crnnp., 496, Mar. 9, 1898. 472. When a clerk is assigned to duty with a paymaster and proves unsatisfactory, the officer may apply to have another assigned in his place; or if the clerk finds his relations unsatisfactory he may apply, through the paymaster, to the Paymaster-Gen- eral for a different assignment. In either case the reason must be stated.— Cir. 240, P. M. G. 0., June 30, 1900. The paymaster should report to the Paymaster-General after three months whether clerk is satisfactory or not. — P. M. G., Jan. 3, 1903, , PAYMASTERS'' CLERKS. 71 473. "Hereafter the pay of army paymasters' clerks who have served as such over fifteen years shall be $1,800 per annum;" the pay of those who have served as such over ten years shall be $1,600; the pay of those who have served as such over five years shall be $1,500, and the pay of other army paymasters' clerks shall be $1,400 per annum. — Act May 26, 1900, 31 Stat., 209; G. 0., 76, 1900. 474. Paymasters' clerks are entitled to 10 per cent increase for foreign service on and after July 1, 1907.— .4ci Mar. 2, 1901, 34 Stat., 1164; 14 Comp., 198, Oct. 9, 1907. 475. The pay accounts of a paymaster's clerk, will, as a rule, be paid by the pay- master with whom he is serving. If payment is made by another paymaster, the account must be approved by the paymaster with whom he is serving. — P. M. O. 476. Paymasters' clerks are authorized to draw pay on the 15th and last days of each month.— Sec. War, Jan. 9, 1905, P. M. G. 0., 43129. 477. The attention of paymasters and paymasters' clerks is called to the fact that there is no authority in law or army regulations for a paymaster's clerk to assign, trans- fer, or in any manner dispose of his pay accounts other than to receive payment in person from the paymaster with whom he is serving, or when on, or about to depart for, foreign service, to deposit in this office for payment when due such accounts as he may desire to leave for the support of his family while so absent. — Cir. 269, P M. G. 0., May 16, 1903. 478. Suspensions against paymasters' clerks, made either by the Paymaster-Gen- eral's office or the Auditor for the War Department, if not promptly replied to and explanations furnished, will be placed on the stoppage circular and the amount deducted from their pay. — P. M. G., .July 15, 1902. 479. A paymaster's clerk is not entitled to count service as a clerk, Pay Department at Large, in computing longevity pay. — Comp., May 25, 1905, P. M. G. 0., 5363. {Case J. Brixen.) 480. "A paymaster's clerk is an officer in the military service within the meaning of the act of March 3, 1885 (23 Stat., 350), and is entitled to reimbursement for property lost or destroyed in the military service under circumstances therein stated." — 13 Comp., 654, Mar. 30, 1907. 481. Leaves of absence of paymasters' clerks, whether granted by the chief pay- masters or paymasters with whom they are serving as personal clerks will be reported to the Paymaster-General, giving the date of commencement and termination of such leaves. When a paymaster is on leave of absence his personal clerk comes under the control of the chief paymaster, who should promptly furnish him with instructions. 482. Paymasters' clerks will not be allowed to be interested in any manner what- ever, either directly or indirectly, in any account to be paid by the Pay Department; nor will they be permitted to undertake or assist in the collection of claims. — Cir. 13, P M. G. 0., May 10, 1864. 483. "The Secretary of War may hereafter authorize the assignment to duty in the office of the Paymaster-General, not to exceed five of the paymasters' clerks authorized by law."— ^c< Mar. 2, 1905, 33 Stat., 833; G. 0., 40, 1905. TRAVELING EXPENSES. 484. Paymasters' clerks shall be allowed, when traveling on duty, " four cents per mile, and in addition thereto, when transportation can not be furnished by the Quartermaster's Department, the cost of the same actually paid by them, exclusive of parlor-car or sleeping-car fare and transfers."— vlci Feh. 27, 1893, 27 Stat., 480; G.0.,20, 1893. Actual expenses only shall be paid for sea travel, but "travel in the Philippine Archipelago, the Hawaiian Archipelago, the home waters of the United States, and 72 PAYMASTERS CLERIvS TRAVELINT, EXPENSES. between the United States and Alaska shall not be regarded as sea travel, and shall be paid for at the rates established by law for land travel." — Act June 12, 1906, 34 Slat., HI; G. 0., 115, 1906. See A. R., 740, 1908. 485. The law allowing four cents per mile and actual cost of transportation exclu- sive of sleeping or parlor car fare, is construed as not excluding reimbursement for cost of stateroom or berth on commercial steamer when transportation or fare does not include same.— «rf Comp., Cir. 142, P. M. G. 0., May gO, 1890. 486. A paymasters' clerk is entitled to the four cents and reimbursement for actual transportation including subsistence "if it is impossible to secure transportation separate from subsistence." — 10 Comp., SSI, Oct. 7, 190S. {Case Otto Gralund.) 487. A paymasters' clerk who fails to avail himself of the transportation which the Government stands ready to furnish is only entitled to what it would have cost to have furnished such transportation. — Comp., Nov. SO, 1904, P. M. G. 0., 51814- (Case A. A. Padmore.) 488. An order for a paymaster to change station or to perform journeys for the pay- ment of troops will cover the legal traveling allowances of his authorized clerk. — P M. G., June 4, 1897, 3780. See also A. R., 742, 1908. 489. The baggage to be packed, crated, and transported at public expense, includ- ing mess chests and personal baggage, upon change of station will not exceed 3,000 pounds for civilian employees of the classified service transferred for the good of the service.— See A. R., 1144, 1908. 490. An order to a paymast^ to travel without funds on temporary duty, not requiring the services of a clerk, will not cover transportation for a clerk. — Decision War Department. PAYMASTERS' MESSENGERS. 491. Paymasters' messengers are appoinlod under civil-service rules, but applica- tion for such should be made to the Paymaster-General. Pay begins from date of taking oath of office and entering upon duty. — P. M. G. 492. In case of emergency or pending certification of eligibles by the Civil Service Commission, a paymaster's messenger may be employed for a period not exceeding 30 days, authority therefor to be obtained from the Paymaster-General and report made through his office to the Secretary of War of name of employee and date of entrance on duty, also date of relief from duty. — See Civil Service Rule VIII. Note.— An oath of office is not necessary. 493. A messenger's pay vouchers must be approved by the senior paymaster at the station where he is serving, and may be paid on the 15th and last day of each month. — P. M. G., Nov. 21, 1907, 64742. 494. PAY OF COMMISSIONED OFFICERS. Grade. Pay of grade. (Act May 11, 1908.) Yearly. Monthly. Monthly pay. (R. S., 1262, 1263, Act May 11, 1908.) After S years' service. After 10 years' service. After 15 years' service. After 20 years' service. Lieutenant general Major general Brigadier general. . Colonel Lieutenant colonel Major Captain First lieutenant... Second lieutenant. 811,000.00 8,000.00 0,000.00 4,000.00 3,500.00 3,000.00 £,400.00 2,000.00 1,700 00 $916.67 666.66 500.00 333.33 291.67 250.00 200.00 166.67 141.67 1366.67 320.83 275.00 220.00 183.33 155.83 S400.00 360.00 300.00 240.00 200.00 170.00 t416. (>7 375. 00 325.00 260.00 216. 67 184.17 $410. 67 375.00 333.33 280.00 233.33 PAY OF COMMISSIONED OFFICEES. 73 495. "Officers will be paid monthly on accounts certified by themselves according to prescribed forms."— ^. R., 1^75, 1908. See R. S., 1268. Memorandum or retained voucher will in all cases be prepared in the office of the paymaster.— Cir. 279, P. M. O. 0., Sept. 28, 1907. 496. "An officer of the Army will be paid within the limits of his department, and, as far as practicable, by the same paymaster, unless he is on leave of absence or detached duty beyond the limits of his department, or shall have transferred or disposed of his accounts as provided in paragraphs 1277 and 1278, or has the authority of the Paymas- ter-General for payment elsewhere." — A. R., 1276, 1908. 497. "A person appointed to the Army, or receiving an appointment to a new office therein, is entitled to pay from date of acceptance only. If the appointment creates vacancies to be filled by promotion, the promoted officers are entitled to pay of the new grade from the date of acceptance of the appointee. In all other cases of pro- motion the officer is entitled to pay from date of the occurrence of the vacancy." — A. R., 1279, -1908. See also Comp., June 22, 1907, P. M.Q.O., 57827. (Case Gen. H. Clay Wood.) 498. "An officer promoted by seniority is entitled to the pay of the higher grade from date of vacancy, whether such vacancy arises from death, resignation, promotion, removal, the creation of an additional office, or from any other cause. " — Comp., Jan. 18, 1899, 8 Ms., 85; 15 Comp., 159, Sept. 25, 1908. But if the promotion is not one to which the officer was required by law to be pro- moted by virtue of seniority, it is regarded as a new appointment, and the pay of the higher grade does not commence until he accepts the appointment. — 2d Comp., Sept. 17, 1894. 499. A vacancy in an office does not arise until the officer having legal title to it ceases legally to hold it. As the law does not recognize fractional parts of a day in the matter of retirements, promotions, and appointments in the Army, a vacancy caused by an officer's retirement does not begin to run until the day following hia retirement, and an officer promoted by seniority or receiving an original appointment to fill a vacancy caused by the retirement of an officer of higher grade is only entitled to the pay of the higher grade from and including the day succeeding the day the retirement of hia predeceaaor became legally effective, excepting that an officer receiv- ing an original appointment in the Army who accepts the same on a, date later than the day succeeding the day the retirement of his predecessor became legally effective, is only entitled to pay from the date of such acceptance. — Comp., Apr. 30, 1910, P. M. G. 0., 82565. Note.— This decision applies equally when the vacancy is due to an officer's death, resignation, promo- tion, or removal from the service. The principle of the decision also applies to a vacancy caused by the relief of an officer from detail to duty which carries an increase of pay to the officer detailed to fill such vacancy. 500. "An officer of the Army appointed to a grade in the volunteers or militia in the service of the United States superior to that held by him in the Army will be entitled to the pay and emoluments of the grade to which appointed from date of acceptance of such appointment or from date of muster-in thereunder."—^. R., 1280, 1908. 501. An officer appointed during a recess of the Senate ceases to be such on the date of adjournment of the Senate without confirmation of the appointment, unless he has been placed beyond the reach of communication by military authority and continues to perform military duty in ignorance of such adjournment.— Vol. -i, Digest 2d Comp., 915, 926, July 18, 1888. 602. An officer appointed during a recess of Congress and the name withdrawn before confirmation is entitled to pay to date of qualification of successor, provided that said date did not extend beyond the end of the first succeeding session of Con- greas.— Cojnp., Feb. 7, 1904, P. M. G. 0., 4894S. {Case Major Fowler.) 74 PAY OF COMMISSIONED OFFICERS. 503. If an oflScer or enlisted man is afflicted with mental disability that disqualifies him from signing his name, the law requires the appointment of a committee or guar- dian.— lo/. 2, Digest 2d Comp., 1109, July 18, 1883. Note.— The papers appointing such guardian should be filed with the first voucher, and in future pay- ments reference to such voucher, by number, should be made. If in an asylum, the superintendent's certificate that the officer was alive at the time payment was due should be filed willi each voucher. The guardian should sign the name of the officer or man, followed by his own signature as guardian. 504. Letters of conservatorship issued by a court of one State do not operate in another State. The Government has the right to pay its obligations at any place in the United States. If payment is made in the State where guardianship papers were taken, the receipt of the guardian is a valid acquittance of the obligation; but if the creditor moves to another State and desires payment made direct to him it may properly done.— J. A. G., Sept. 12, 1907, P. M. G. 0., 60544. 605. If an officer or enlisted man is afflicted with a mere physical inability to wri(e and he causes his amanuensis to sign his name in his presence, such signalurc is regarded as a signing by claimant. — Toi. 2, Digest 2d Comp., 1109, Juh/ 18, 188S. Note.— A physician's certificate as to the aflliction should be filed with the first voucher. The signature of the amanuensis must be certified to by two witnesses. 506. If an officer fail in other than his physical examination, he shall be reexamined after one year and in case of failure shall be honorably discharged with one year's pay.— -let On. 1, 1890, 26 Stat., 562,- G. 0., 116, 1890. Captains and licutonant.s (if the Medical Corps found disqualified for ])roraotion for other than physical roasuns shall not be allowed a second examination but shall be honorably discharged with one year's pay. — Sec. S, act Apr. 2.i, 1908, .J.T Stat., 67; G. 0., 67, 1908. 507. A line officer detailed for staff duty or a staff officer appointed as chief of any staff corps or department, who has less than four years to serve before date of retire- ment, shall not ho serve or be paid as if on the active list beyond the date of his retirement.— Jet .Tune SO, 1902, 32 Stat., .509; G. 0., 68, 1902. 508. "No officer holding a rank above that of colonel shall be retired except for disability or on account of having reached the age of 64 years until he shall have served at least one year in such rank." — Act June 12, 1906, 34 Stat., 245; G. 0., 115, 1906. 509. "An officer who resigns, is dismissed, honorably discharged, or wholly retired, will forward his pay account (Form 3) to the Paymaster-General, who will cause a certificate of nonindebtedness to be obtained and the account settled . An officer who has served in the Philippine Islands will procure a certificate of nonindebtedness from the Insular Auditor prior to departure from the islands, this certificate lieing an indispensable prerequisite to the settlement of an officer's final accounts with the Government."— vl. R., 1281, 1908. "No part of the arrears due an officer who has resigned will be paid to him, except upon a full and final settlement of the whole." — Digest 2d Comp., 1140 ed. 1869. The account of an officer of the Medical Reserve Corps relieved from active duty is not a final account within the meaning of the regulation, but the certificate of the post commander that the officer has no money or property accountability should be obtained before payment.— P. M. G. 0., Apr. SO, 1909, 75570. 510. The separation from active service of an officer of the Army by retirement, discharge, dismissal, or resignation can not be effected before the date on which the officer receives or becomes legally chargeable with notice of his retirement, dis- charge, dismissal, or of the acceptance of his resignation.— is not payable to officers for service in Porlii Rico and Hawaii. The effect of the provision of the art of May 11, 1908 (35 Stat., 110; G. O., 80, 1908), beini; to continue the limitation imposed by the acts of June 12, 1906 (34 Stat., 217; (i. ()., 115, 1906) and March 2, 1907 (34 Stat., 1164; G. 0.,4,S, 1907).— 74 Comp., SV', June 2, 1908; dr. .57, W. D., 1908. Foreign .lervicc pay to officers for serviic in Porlii Rico and Hawaii ceased Juno 30, 1906.-. S«' 13 Comp., .W, July 21, 1906. 521. "Th3 ten JUT cent allowed by law to officers serving beyond the limits of ths I'nited States and tnrritories contiguous thereto, exrcpt Hawaii and Porto Rico, will 1k^ paid on their regular monthly pay vouchers, which will be made up to include the entire compensation, of whatever character, which may be duo the officer for the calendar month, or months, included in the accounts. There will be noted on the pay accounts the numbers and dates of orders nr any other facts which affect the officer's pay status for the period covered by the accounts presented for payment. " — A. R., 1287, 1908. 52.5. "The statute is complied with it the officer is regularly assigned to some mili- tary duly atsome place on land outside the limits of the United Slates other than duty of such a temporary character as might be attended to in connection with travel, or without seriously interfering with travel." — 8 Comp., 302, Nov. 14, 1901 {case Capt. Myerx, Murine Corps); see also Comp., Oct. 20, 1902, P. M. (1. 0., 30907 {case W. E. Birlhimer). 526. "When an officer's principal duty is to travel to a point outside the United States for the purpose of doing some specific thing and then to return to the United States, his service is not the kind for which the ten per centum increase of pay is pro- A ided." — Comp., Sept. 26, 1901 {case F. C. Cosby, U. S. Navy); see also Comp., Mar. 9, 1905 {case General Bates). 527. An officer serving at a foreign station who is not relieved from such station when ordered to the United States for temporary duty pertaining directly to the duties on which he was engaged while at his permanent station is not debarred from receiving the 10 per cent foreign service pay while in the United States. — 13 Comp., 884, June 2S, 1907. {Case Capt. Schulz, Engr. Corps.) But where an officer does not remain in actual direct charge of the work at his perma- nent station, he is not entitled to the 10 per cent increase for foreign service while in the United States on such temporary duty. — 14 Comp., 485, Feb. 6, 1908. {Case Capt. H. L. Wigmore, Corps of Engrs.) PAY OF COMMISSIONED OFFICERS FOREIGN SERVICE. 77 528. An officer serving at a foreign station ordered to the United States to appear as a witness before a United States court is not entitled to 10 per cent increase of pay while in the United States, — Comp., Nov. 11, 1909 (case Captain Weigel). P. M. G. 0., 29488. Note.— In the foregoing decision it is held that except in cases which come under paragraph 527, the right to the 10 per cent increase of pay is dependent upon whetlier in fact the service for which it is claimed was performed at a foreign station, or while going to and returning therefrom. Therefore, an officer availing himself of a leave from a foreign station is not entitled to 10 per cent increase while in the United States. — P. M. a. 529. "Pay proper means the regular ordinary pay which an officer may be entitled to under the facts in his case, and if by virtue of length of service he is entitled to receive the compensation provided for in section 1262, that compensation is his pay, as distinguished from possible other compensation by any allowances, commutation, or otherwise." — Sup. Ct., Mar. l;i, 1905. {Case 8. C. Mills.) Note.— Under the above, foreign-service pay should be computed on the highest grade held, including longevity pay, pay as aid, as acting commissary, and pay for mounts. — See 16 Comp., ^30 and 566, Jan. 15 and Mar. 22, 1909, respectively. 530. An officer on foreign service "who has been relieved from duty and ordered to return to the United States, but who receives permission to delay en route, which amounts to a leave of absence, is entitled to increase of pay for foreign service during the period of such delay."— Comp., Apr. «7, 190S, Cir. ,?6, A. G. 0., 1903. {Case Capt. Lynch.) Note. — Should the officer go to half-pay status before his arrival in the United States he is entitled to the 10 per cent on such half pay. 531. An officer ordered to report for duty on a revenue steamer cruising in Alaskan waters is not entitled to foreign-service pay, as he is not "serving at foreign stations" within the meaning of the law. — 9 Comp., 55-}, Apr. 13, 1903. (Case Lt. Wiley.) 532. An officer on duty in the transport service who is assigned to a trans-oceanic transport under the provisions of General Orders 116, War Department, 1905, is not entitled to the 10 per cent increase of pay for foreign service. — Court of Claims, -Feb. 3, 1908 {43 Ct. Cls., 166). The fact that the order assigning an officer to duty on a trans-oceanic transport announces his station as Manila or some other place beyond the limits of the United States does not confer a, right to the 10 per cent increase.— P. M. G. 0., Feb. 10, 1909, 533 . " Officers and enlisted men who have served on Army transports in the Philip- pine Archipelago at any time since May 26, 1900, under the control and orders of the commanding general, Philippines Division, or who may hereafter so serve, shall be entitled to receive the same rate of pay as is provided by law for officers and enlisted men serving at shore stations beyond the limits of the United States." — Act May 11, 1908, 35 Stat., 114; G. 0., 80, 1908. "An officer or enlisted man is not entitled to the same until he enters upon duty on an Ariny transport in the Philippine Archipelago under the control and orders of the commanding general; and his right thereto ceases when such duty ceases." The time of going to or returning from said archipelago should not be included. The act does not apply to a voyage between the Philippine Islands and the United States or between the islands and a foreign port unless such voyage is incident to and part of the duty, as described above.— J4 Comp., 907, June 23, 1908. 534. An officer serving with the Panama Canal Commission is not entitled to foreign-service pay from army appropriations. — 12 Comp., 343, Dec. 5, 1905. {Case Major La Garde.) 78 PAY OF COMMISSIONED OFFICERS. HIGHER COMMAND. 535. "In time of war every officer serving with troops operating against an enemy who shall exercise, under assignment in orders issued by competent authority, a com- mand above that pertaining to his grade shall be entitled to receive the pay and allowances of the grade appropriato to the command so exorcised; provided, that a rate of pay exfceding that of a brigadier-general shall not be paid in any case by reason of such assignment."— -Iff Apr. g6, 1898, 30 Stat., S65; G. 0., t9, 1898. 536. "To entitle an officer to additional pay * * * for exercising a command above that pertaining to his grade, he must have exercised such command of troops operating against an enemy * * * in obedience to orders i.'fsued by superior authority which he was bound to obey, and no pay or allowances as of a higher grade than that actually held by an officer will be paid him under this regulation unless a certified copy, ii> duplicate of such order, accompanied by a statement of service thereunder, is filed with the paymaster."—^. R., 1286, 1908. Note.— Where an officer exercises a higher command by virtue of seniority no additional pay accrues, and the fact that orders were issued by competent autliority directing him to assume the higher command does not ellect a change in his status so as to entitle him to the pay.— *05 TL S., 161, Mar. IS, 1S07. ( Case Lt. D. C. .MilcheU, Isl Ohio Vol. Cav.) LONGEVITY. 537. "There shall lio allnwed and paid to each commissioned officer below the rank of brigadier-general, including chaplains and others having assimilated rank or (jay, 10 per cent of their current > early pay for each term of five years' service." — R. S., 1262. {Act .fuly IS, 1870.) Longevity pay shall be computed on the yearly pay of the grade fixed by sections IL'BI and 1274, Revised Statutes.— .let June 30, 1882, %2 Stat., 118; G. 0., 72, 1882. 638. "The total amount of increase for length of service shall in no case exceed 40 per cent on the yearly pay of the grade." — R. S., 1263. "In no case shall the pay of a colonel exceed $5,000 a year; the pay of a lieutenant colonel exceed $4,500 a year, or the pay of a major exceed $4,000 a year." — Act May 11, 1908, 35 Slat., 108; G. 0., 80, 1908. 539. The 10 per cent increase for length of service is computed from date of acceptance of appointment. — 12 Comp., 245, Oct. 28, 1905. (Case Marine Corps.) 54:0. Officers are entitled to count the full time as officers of volunteers or as en- listed men, regular or volunteer, in computing their service for longevity. — Act June 18, 1878, 20 Slat., ISO; G. 0., 37, 1878. But the time between date of enrollment and muster-in can not be counted. — 7 Comp., 617, Apr. 8, 1901. Service as an enlisted man or as an officer of volunteers prior to the act of June 18, 1878, can not be counted in computing longevity pay. — IS Comp., 220, Oct. 10, 1908. "The actual time of service in the Army or Navy, or both, shall be allowed officers in computing longevity pay."— ^ci Feb. 24, 1881, 21 Stat, 346; G. 0., 27, 1881. Service as an "apothecary" in the Navy counted in computing longevity pay. — 5 Comp., 203, Oct. 29, 1898. Service in the Marine Corps counted for longevity pay. — See sec. 1612, ,R. S. 641. "In computing longevity pay, service performed as cadets at the Military or Naval academy, or as enlisted men of the Army or Navy, will be counted." — A.R., 1290, 1908. A cadet sentenced to suspension without pay for a year is nevertheless entitled to count the time so suspended in computation of longevity pay. — 2d Comp., A 2585, L. R., P. M. G. 0., 1888. PAY OF COMMISSIONED f)FFICEKS LONGEVITY. 79 542. Time served as a paymaster's clerk is counted in computing longevity pay for subsequent service as a commissioned officer.— 9 Comp., 90, Sept. 4, . 543. Service as a contract surgeon can not be counted in computing an officer's longevity pay.— 70 Comp., 424, Nov. 16, 190S, also Comp., Aug. 19, 1909, in case of Herbert W. Yeamuns, 1st Lt. Medical Reserve Corps, formerly contract surgeon. 544. Service as messenger and clerk in Commissary and Quartermaster's Depart- menls can not be computed for longevity pay as an officer. — 10 Comp., S3, Julyfi!i, 1903. 545. Marine-Hospital service is not service in the Army or Navy, and therefore can not be computed for longevity pay. — 5 Comp., 175, Oct. 18, 1898. MISCELLANEOUS DUTY. 546. The officer in charge of public buildings and grounds shall have the rank, pay, and emoluments of a colonel. — Act Mar. 3, 187S, 17 Stat., 535; G. 0., 29, 1873. 547. "The President is authorized to appoint an officer of the Signal Corps as chief of the telegraph and cipher bureau of the Executive Office, who shall have, while so serving, the rank, pay, and allowances of a major." — Act Mar. 2, 1903, 32 Stat., 932; G. 0., :i4, A. G. 0., 1903. 648. An acting commissary shall receive $100 per annum in addition to the pay of his rank.— 7?. S., 1261. Note. — Not to be included in computing an oIBcer's longevity pay. 649. "An acting commissary will be paid the additional pay allowed by law, on the certificate of the Commissary-General that he has performed the duty contem- plated therein during the time charged . To entitle him to this pay he must be detailed under proper orders from some established post or body of troops, and must issue full rations to troops from stores for which he is responsible. A regimental, squadron, or battalion commissary is not entitled to this additional pay." — A. R., 1288, 1908. 550. "No officer shall receive pay for two staff appointments for the same time. This prohibition does not prevent a quartermaster of a regiment, who, in addition to the duties of his office, may be acting commissary, from receiving the extra compen- sation allowed by law for performing the duties of the latter." — A. R., 1289, 1908. 551. An officer of the Army may be detailed as chief of the Philippine constabulary and four officers as assistant chiefs, with the rank, pay, and allowances of brigadier- general and colonel, respectively, but the increased pay and allowances shall be paid out of the Philippine treasury.— j1c« Jan. 30, 1903, 32 Stat., 783; G. 0., 12, A. G. 0., 1903. PAY FOR MOUNTS. 562. "Hereafter the United States shall furnish mounts and horse equipments for all officers of the Army below the grade of major required to be mounted, but in case any officer below the grade of major required to be mounted provides himself with suitable mounts at his own expense, he shall receive an addition to his pay of $150 per annum if he provides one mount, and $200 per annum if he provides two mounts. ' ' — Act May 11, 1908, 35 Stat., 108; G. 0., 80, 1908. 553. "An officer claiming additional pay for providing his own mount must per- sonally certify on each account that he was suitably mounted at his own expense, and is the actual and exclusive owner of the mount or mounts in question, specifying the place at which maintained. In case an officer is only temporarily upon duty requiring 80 PAY OF COMMISSIONED OFFICERS PAY FOU MOUNTS. him to be mounted, the authority by which he was placed upon such du( y must accom- pany his first voucher and be cited upon subsequent vouchers upon which additional pay is claimed accompanied by a certificate thaChe has continued under the authority cited upon the mounted duty in question. The officer's certificate upon his pay accounts will be the evidence upon which pay- masters will baee their payments ot additional pay for mounts, until information is received by them from proper authority that such additional pay is to be stopped."— Par. 1J9J, A. R., amended by G. 0., 16, Jan. 26, 1910. 654. 'Ofiicers below the grade ot major providing their own mounts do not forfeit the right to additional pay by reason of absence on account of sickness or on ordinary lea%o, nor will the mere fact that such officers are detached for a purely temporary period from the stations where their mounts are kept deprive them of their right to the additional pay so long as the horses are actually and exclusively owned and kept for their use in the military service at their regular stations. In all other cases the right to the additional pay accrues only where the mounts are actually available for use at the station where the officer is serving."—^. R., 1293, 1908, as anemded by G. 0., 219, ir. D., Oct. SO, 1909. 655. "The officers on the active list hereinafter designated are required to be mounted: All officers of the (leneral Staff Corps; officers of the staff corps and depart- menl.i, whether jicrmanent or detailed; offlcerti of cavalry; officers of field artillery; authorized aids duly ai)i)ointed; regimental and battalion staff officers; acting judge- advocali's detailed under the act of Congress approved February 2, 1901; all officers above the grade of captain, whatever their arm or corps; chaplains of all grades; officers temporarily attached to staff corps or to organizations of cavalry, field artillery, and mounted infantry; regularly detailed assistants to the Chief ot Coast Artillery; the authorized staff officers of artillery districts; officers serving as military attaches to the embassies and legations of the United States at foreign capitals; instructors and student oilicers at the Army School ot the Line, the Army Signal School, the Army Staff College, and the Army AVar ( 'oUege; officers on duty in the Department ot Tactics and in the Department ot Practical Military Engineering, Military Signaling and Tel- egraphy at the United Slates Military Academy. " In addition to the foregoing, officers not ordinarily required to be mounted may be temporarily placed upon duty that shall require them to be mounted. This rhay be done by the Secretary ot A\'ar, the commandel- of an army, army corps, or ot a territorial di\'ision or department; the order in each case will state that the duty therein assigned to the officer requires him to be mounted." — A. R., 1291, 1908, amended by G. 0., 36, W. D., Feb. 2$, 1909. 666. Officers on duty as constructing quartermasters under detail ot the War Department, and placed under the instructions of the Quartermaster-General of the Army tor that duty, are "officers temporarily attached to staff corps" within the meaning of paragraph 1291, Army Regulations. — Cir. 106, 1908. 657. A'eterinarians of cavalry and field artillery are "officers required to be mounted" within the meaning of paragraph I29I, Army Regulations. — Cir. 5, W. D., 1909; see also 15 Comp., 819, June 12, 1909. 658. An officer of cavalry or field artillery below the grade of major detailed for duty with an educational institution is entitled to additional pay for suitable private mounts owned and maintained by him at his place of duty. — Comp., Mar. 31, 1910, Cir. 21, W. D., 1910. The principle of this decision applies equally to an officer of the cavalry or field artillery assigned to duty with the organized militia or any other similar duty which permits him to use his private mounts. But when an officer who is ordinarily required to be mounted is assigned to duty (other than of a temporary nature) which manifestly prevents him from using his PAY OF COMMISSIONED OFFICERS PAY POK MOUNTS. 81 private mounts the additional pay does not accrue. — See 16 Oomp., 110, Aug. 21, 1909, and Comp., Mar. n, 1910, Cir. 21, W. D., 1910. 559. Officers of the Army on the retired list who may be detailed to active duty in the recruiting service or as professors of military science and tactics at educational instituticjns are not officers "required to be mounted," and therefore do not fall within the provisions of paragraph 1291, Army Regulations. — Cir. 81, W. D., 1908. If assigned to active duty with organized militia, their right to additional pay for private mounts is dependent upon the order of assignment announcing that the duty requires them to be mounted.— Sec. of War, Aug. 4, 1909, P. M. O. 0., 77098. 560. The authorized staff officers of artillery districts within the meaning of paragraph 555 are as follows: District. Portland Portsmoutti Boston Narrafianaett New Jjondon Eastern New York. . . Souttiern New York. . Ttie Delaware. ... Baltimore The Potomac The Chesapeake Cape Fear Eiver New Bedford Charleston Captains. Lieu- tenants.o District. Savannah Key West Tampa Pensacola Mobile New Orleans... San Diego San Francisco. . The Columbia. . Puget Sound. . . Subig Bay Manila Bay Honolulu Captains. Lieu- tenants.o a Lieutenants may be detailed in place of captains if the allowance is not exceeded. The only artillery district staff officers who are certified as required to be mounted are: Where there is authorized in this order — One staff officer — the adjutant. Two staff officers — the adjutant and the artillery engineer. Three staff officers — the adjutant, the artillery engineer, and the ordnance officer. Four staff officers — the adjutant, the artillery engineer, the ordnance officer, and the quartermaster. Sep G. 0., 16, 1905, G. 0., 2 and 86, 1907, G. O., 13 and 62, 1908, G. 0., 16 and 74, 1909. STAFF DETAILS. 661. "The regimental staff officers are appointed from the captains, and consist of the adjutant, the quartermaster, and the commissary, and they will be so designated, respectively. They are appointed by the regimental commander, who will at once report his action to The Adjutant General of the Army. The battalion staff officers consist of the adjutant and the quartermaster and commissary, and will be designated as the battalion (or squadron) adjutant and the battalion (or squadron) quartermaster and commissary, respectively. In the cavalry and infantry arms the battalion adjutant will be appointed from the first lieutenants and the battalion quartermaster and commissary from the second lieutenants. In the engineer and field artillery arms battalion adjutants are appointed from the captains; battalion quartermasters and com- missaries from the lieutenants. Except in the battalions of engineers they are appointed by the regimental commander after consultation with the battalion com- mander. When a battalion is detached and serving at such a distance from regimental headquarters that more than fifteen days are required for exchange of correspondence by mail, the battalion staff officers are appointed by the battalion commander, who will immediately notify the regimental commander and The Adjutant General of the Army. 54748°— 10 6 82 PAY OF COMMISSIONED OFFICEES STAFF DETAILS. In the battalions of ehgineei-s they are appointed by the battalion comninnders. "—A. R. US, 1908. Amended byG.0.,3, W. D., Jan. 9, 1909. Note.— Regimental and battalion or squadron staff offlcers appointed pursuant to the tonns of this regulation are entitled to the pay of their grade.— Ste ti Comp., SSS, June 8, 1908. 562. A regimental, squadron, or battalion commissary is not entitled (o pay as acting commissary.— 5 Comp., 761, May 2, 1899; Comp., Oct. 28, 190S, Cir. 20, 11'. D., 1903. 563. Acting judge-advocates will have "the rank, pay, and allowances of captain, mounted, " and "shall be detailed from officers of the grades of captain or first lieu- tenantot the line. "—Act Feb. 2, 1901, SI Slat., 751; G. 0., 9, 1901. NOTE.-A lieutenant is entitled to the increased pay from date of reporting in person for duty, or from date of order if in performance of such duty on that date. The increased pay ceases with date of actual relief unless relieved while on leave of absence, in which case it ceases with date of order. 564. Captains and lieutenants may be detailed for duty with the General Staff Corps, and "vhih so sernnrj. shall have the rank, pay, and allowances of captain, mounted."— .-Icf Feb. U, 190S, 32 Stat., 831; G. 0., 15, 1903. 566. The detail of an officer to a staff department vacates his position in the line, which is at once tilled by promotion. He Ihorcl'ore becomes an officer of the staff corps or department from the date the detail is effective. — P. M. G. 566. Second lieutenants detailed for duty in the Ordnance Department "shall while so serving, receive the pay of first lieutenant."— .let Mar. 2, 1903, 32 Slat., 943; 0. 0.. 24, A. G. 0., 1903. " Details to the Ordnance Department under the provisions of the act of February 2, 1901, may lie made from the Army at large from the grade in which the vacancy exists or from the grade below."— .Act June 25, 1906, 34 Stat., 455; G. 0., 191, 1906. 567. "The principal assistant in the Ordnance Bureau shall receive a compen- sation, including pay and emoluments, not exceeding that of a major of ordnance." — R. S., 1279. 568. "A chief ordnance officer may be assigned to the staff of an army or corps commander, and while so assigned shall have the i-ank, pay, and allowances of a lieu- tenant-colonel. A chief ordnance officer may be assigned to the staff of a division commander, and while so assigned shall have the rank, pay, and allowances of a major."— Act July 7, 1898, M Stat., 720; G. 0., 96, 1898. The assignment of a chief ordnance officer can only be made by the President to entitle to the increased pay.— 7 Comp., 460, Feb. 25, 1901; Cir., 253, P. M. G. 0. (Case Captain Wood.) 569. The Secretary of War is authorized to detail an officer to duty as assistant to the Chief of the Bureau of Insular Affairs of the War Department, who while acting under said detail shall have the rank, pay, and allowances of a major. — Act Mar. 2, 1907, 35 Stat., 1162. Authorized to detail one additional officer as assistant to the Chief of the Bureau of Insular Affairs of the War Department, who while serving in this capacity shall have the rank, pay, and allowances of a colonel. Both officers detailed in the Bureau of Insular Affairs shall hereafter be designated, while on this duty, as assistants to the chief of the bureau.— A.ct Mar. 23, 1910; G. 0., 54, 1910. PAY OF ENLISTED MEN. 570. "The Army shall be paid in such manner that the arrears shall at no time exceed two months, unless circumstances shall render further arrears unavoidable." — R. S., 1189. 571. "Troops will be paid every month unless circumstances prevent, in which case the paymaster charged with the payment will immediately report the facts through his chief paymaster, to the Paymaster-General." — A. R., 1335, 1908. PAY OF ENLISTED MEN. 83 572. Rates of monthly pay to enlisted men, acts May 11 and 28, 1908, and Mar. 23, 1910. Rank and arm of service. Enlistment period. CORPS, REGIMENT, BATTALION. Master signal electrician Master electrician— Coast Artillery Engineer— Coast Artillery First-class electrician-sergeant — Coast Artillery Battalion sergeant-major, quartermaster-sergeant— En- gineers Regimental sergeant-major, quartermaster-sergeant, com- missary-sergeant— Artillery, Cavalry, Infantry Senior sergeant-major— Coast Artillery Squadron, battalion sergeant-major— Cavalry, Infantry B attalion sergeant-maj or, quartermaster-sergeant- Field Artillery Junior sergeant-major— Coast Artillery Master gunner— Coast Artillery Second-class electrician-sergeant— Coast Artillery Color sergeant— Artillery, Cavalry, Infantry = Fireman— Coast Artillery BATTERY, TROOP, COMPANY. Sergeant, first class— Signal Corps First sergeant— Artillery, Cavalry, Infantry, Engineers Sergeant — Engineers, Ordnance, Signal Corps Quartermaster-sergeant— Engineers Sergeant— Artillery, Cavalry, Infantry Quartermaster-sergeant— Artillery, Cavalry, Infantry Stable sergeant— Field Artillery Cook Horseshoer— Cavalry and Field Artillery Corporal— Engineers, Ordnance, Signal Corps Mechanic — Coast Artillery Chief mechanic— Field Artillery Corporal— Artillery, Cavalry, Infantry Artificer— Infantry Mechanic- Field Artillery Farrier, saddler, wagoner— Cavalry Private, first class— Engineers, Ordnance, Signal Corps Trumpeter— Cavalry Musician— Artillery, Infantry, Engineers Private— Artillery^ Cavalrj;, Infantry, Signal Corps Private, second class— Engineers, Ordnance BANDS— ARTILLERY, CAVALRY, INFANTRY, ENGINEERS. Chief musician ' Chief trumpeter— Artillery Principal musician Drum major ■ Sergeant Cook Corporal Private POST NONCOMMISSIONED STAFF. Ordnance-sergeant Commissary-sergeant Quartermaster-sergeant HOSPITAL CORPS. Sergeant, first class Sergeant Acting cook Corporal Private, first class Private BAND, MILITARY ACADEMY. Band sergeant and assistant leader Musician, first class Musician, second class . , Musician, third class. ..'. FIELD MUSICIAN, MILITARY ACADEMY. Sergeant }$75 65 40 I 36 30 I 36 50 $79 49 $83 73 S3 48 53 S87 77 62 $91 81 56 66 $95 85 24 84 PAY OF ENLISTED MEN. 573. An enlisted man "capturtd by the enemy shall be entitled to receivo during his captivity, notwithstanding the expiration of his term of service, the same pay and allowances \o which he may be entitled while in the actual scr^•ico of the United States."— iJ. S. 1288. 574. "Payments lo enlisted men will be made on pay rolls, with the following exceptions: Enlisted men retired; men of the post noncommissioned staff (or iicting as such), and men of the Signal Corps on duty where there are no other troops. These men will be paid on their descriptive lists. Payments to discharged soldici-s will be made by any paymaster under the provisions of paragraphs 1395 to 1403." — A. A'., 1S57, 1908. 575. Upon the application of the governor of any State or Territory furnished with material of war the Secretary of War may, in his discretion, detail one or more enlisted men of the Army to report to the governor of such State or Territory for duty in con- nection with the organized militia. — Sec. W, act Jan. 21, 190S, amended by act May $7, 1908, S5 Stat., 403. All matters relating to the pay, clothing allowance, subsistence, discharge, reen- listment, death and desertion of enlisted men detailed for duty with the organized militia under section 20 of the act of Congress approved January 21, 1903, as amended by the act (if Congress approved May 27, 1908, will be administered and determined at the headquarters of the department in which such enlisted men may be serving. The descriptive lists of these men will be kept at department headquarters.— Par. 104i, A. R., publiahedin G. 0., 64, W. D., Mar. SO, 1909. 576. In making payments on descriptive lists paymasters will be held responsible that payment accords with, and has been noted on, the soldier's descriptive list. Note.— Erasures of entries on a descriptive list or descriptive and assignment card are prohibited. All changes made in original entries thereon will be duly authenticated by the signature of the oflicer maldng the changes. Under no circumstances will slips of paper-be pasted or attached to a descriptive list or descriptive and assignment card.— Or. IS, IP. D., 1910. 577. "Payments will be made as soon after the close of each month as practicable. The troops at posts where paymasters are stationed and others in their immediate vicinity, to be designated in instructions issued from the War Department, will be paid by paymasters in person. * * * Troops in the field will be paid by paymas- ters in person, unless instructions to the contrary are given by proper authority." — A. R., 1SS6, 1908. 578. "The commander of any territorial division or department will, unless other- wise directed by the \\'ar Department, give the necessary orders providing for the payment of troops at posts or places, within the limits of his division or department, that are excepted from his control by the War Department." — A. R., 187, 1908. 579. A commanding officer is not authorized to withhold a soldier's pay on the theory that, if paid, he would probably desert. — Cir. 14, A. G. 0., 1890. 580. "A soldier awaiting result of trial will not be paid before the result is known. " —A. R., 979, 1908. 581. No payments will be made to furloughed soldiers without authority from the War Department.— J^. R., 112, 1908. 582. "When a paymaster has made an incorrect payment to an enlisted man, he will report the fact to the commander of the company in which the man is mustered, who will note the same on the next muster and pay roll, that it may be corrected." — A. R., 1356, 1908. 583. A soldier detained by civil authorities as witness before State court is entitled to pay during such period. — P. M. G., Feb. 20, 1855. i 584. "Officers and enlisted men in arrest and confinement by the civil authorities will receive no pay for the time of such absence; if released without trial, or after PAY OF ENLISTED MEN. 85 trial and acquitted, their right to pay for thi' time of such absence is restored." — A. R., 1J91, 1908. Note. — If pending the final determination of the case the soldier rejoins his station he should be paid any arrears of pay due at date of arrest and also from the date of reporting at his station. — J. A. G., Dec. 16, 1908; P. M. G. 0., 72740. 585. An enlisted man arrested by civil authorities, admitted to bail, and his trial indefinitely postponed, it being apparently not the intention of the authorities to prosecute the case, is entitled to pay from the date of his arrest. — 10 Comp., 490, Dec. 22, 1903. (Case Michael Rose, Navy.) 586. A soldier arrested and held in confinement by the civil authorities and whose case is settled out of court is in the status of discharged without trial and his right to pay for the time of his absence in confinement is restored. — .7. A. O., Dec. 21, 1909; P. M.a.O., 80120. 587. A\'hen the case against a soldier held in confinement by the civil authorities has been nol-prossed his right to pay for the pei-iod of his absence in confinement is restored.--./. A.G., Mar. 18, 1909; P. M. G.O., 74603. 588. A soldiiT arrested and convicted by civil authorities while on furlough is entitled lo pay until expiration of said furlough.- .'' Comp., 253, Dec. 12, 1902. 589. A soldier discharged by the civil authorities after three trials — the jury failing to agree — is entitled to pay for the time held in confinement, as he was not convicted.— .'rf Comp., A 4.'i.32, P. M. G. 0., 1892. 590. Pay and allowances due a soldier at date he was withdrawn from service by civil authorities can not be disallowed because of conviction of crime by such author- ity.— ..'fZ Comp., Mar. 11, 1879, G. 0., 39, 1879; 9 Comp.. 'l',9, Dec. 12, 1902. 591. "A fraudulent contract of enlistment is not void but voidable only at the option of the Government. The Government, on becoming cognizant of the fraud, may avoid the contract, or waive the objection and allow it to stand, in which latter case the accepted service is as legal as that of any other soldier. Where the fraudulent character of an enlistment contract did not become known until after a part of it had been executed, field, that while the same, as to its unexecuted portion might legally then be avoided and terminated, yet, as to the part executed, it was a valid coti- tia,ct."— Digest .J. A. G., 1901, 1415; see also 12 Comp., 326, Nov. 25, 1905. (Case Chas. Davidson.) Also 12 Comp., 445, Feb. 6, 1906. And a soldier serving in fraudulent enlistment who deserted from the Army, sur- rendered to the Marine Corps, served sentence for desertion in said corps, returned to military control, was tried and found guilty of fraudulent enlistment, but not guilty of desertion, and sentenced to forfeit a portion of his pay for six months, is entitled to his pay and allowances except during the time he was absent. — Comp., Jan. 31, 1907, P. M. O. 0., 59881. (Case Geo. Logan, C.Art.) 592. Where a soldier fraudulently enlists without a discharge from a prior enlist- ment, he may be brought to trial for desertion and fraudulent enlistment, or he may be restored to duty without trial and held to serve either the fraudulent enlistment or the one from which he deserted, or both, at the option of the Government. In practice, if he is held to serve only one, he is discharged without honor from the other.— Opimons /. A. G., ed. 1901, par. 1419. 593. A soldier discharged for fraudulent enlistment by order of a United States court on habeas corpus proceedings, is not entitled to pay, travel pay, or other allow- ances — although the War Department had been cognizant of the claim of fraud but had heTd him in service.— i,S Comp., 816, May 25, 1907. (Navy case.) 594. It is well settled that an enlisted man whose enlistment is procured by fraud, unless the Government waives the objection and allows the enlistment to stand, is not entitled to any arrears of pay and allowances for the service under the fraudulent enlistment.— 72 Comp., 326, Nov. 25, 1905. 86 PAY OF ENLISTED MEN. It has, however, been the practice not to charge against amounts subsequently duo an enlisted man the sums actually paid him as pay and allowances during a fraudulent enlistment.— 72 Comp., U5, Feb. 6, 1906; 14 Comp., 267, Nov. 8, 1907. 595. The continuance of an enlisted man in service after the discovery of fraud in his enlistment, without directing trial by court-martial, was a waiver of such fraud, and he is entitled to retain pay received and to receive arrears unpaid.—/.^ Comp., 267, Nov. 8, 19m. ABSENT WITHOUT LEAVE. 596. "An enlisted man who absents himself from his post or company without au- thority wiU forfeit all pay and allowances accruing during such absence, and, unless serving an enlistment entered upon prior to May 11, 1908, will be required to make good the time lost by such absence. If serving an enlistment entered upon prinr to May 11, 1908, he can not be required, by sentence of court-martial or otherwise, to make good the time lost, except as provided in the 48th Article of War; but the period of absence will not be regarded as service in the computation of continuous service pay under the laws existing prior to the act of Congress approved May 11, 1908, or for retirement, * * * * An absence without leave of less than one day will not be noted upon the muster rolls."— ,^. R., ISl, amended by G. O., 196, W. D., 1908. 597. The provi.'iions of paragraph 131, Army Regulations, do not contemplate that an absence without leave of less than twenty-four consecutive hours will be noted on pay rolls; but should such an absence be noted the paymaster will make no deduc- tion of pay therefor, regardless of whether the unauthorized absence of less than twenty-four hours is in one day or covers parts of two days. Neither fractional parts of a day, nor the sum total of such fractional periods of absence during the time cov- ered by the pay roll, should be considered in making deduction from pay for absence without leave. — See 12 Comp., 309, Nov. 18, 1905. 598. "An enlisted man forfeits his pay and allowances during the period of an absence without leave, as provided in army regulations. During such absence he renders no service and therefore earns neither pay nor allowances. The forfeiture is thus by operation of law and accrues independently of the result of a trial for the military offence involved in the unauthorized absence. ' ' — Par. 378, Digest of Opinions, Judge-Advocalc-Ge itcrul of the Army, 1901. 599. "Provided, That for one day's unauthorized absence on the thirty-first day of any calendar month one day's pay shall be forfeited."— Xc<« June 12 and SO, 1906; 34 Slat., 248, 763; G. 0., 115, 135, 1906. "Unauthorized absence on the 31st day of a month results in the loss of one day's pay."— Sec. 11, A. R., 655, 1908. 600. The time absent without leave in each calendar month will be computed sepatrately, deducting one month's time or pay for an absence of an entire calendar month, regardless of the number of days in the month. One-thirtieth of the monthly compensation should be deducted for each actual day of absence without leave (includ- ing the 31st) when the absence covers fractional parts of months.— ?.i Comp., 207, Sept. 10, 1906. In computing time of absence without leave, the day of departure is a day of absence and the day of return a day of duty, without regard to home.— 14 Comp., 29, July 26, 1907. Where the dates are stated as "inclusive" both will be computed as days of ab- sence.— P. M. G., June 22, 1896. Note.— For an absence without leave on February 28 or 29 only one day's pay should be deducted — IS Comp., m, Sept. 10, 1907. 601. Army Regulation 131 is applicable to a man absent in the hands of civil authorities if he is convicted in the civil court. — Cir. 21, W. D., 1909. PAY OF ENLISTED MEN ABSENT WITHOUT LEAVE. 87 602. When the time of absence without leave pertains to the period for which pay- ment is being made the pay therefor will not be included in the amount due. Pay for time absent without leave pertaining to a prior period not previously deducted represents an overpayment and should be treated as a stoppage. — P. M. 0. ADDITIONAL PAT. 603. "Hereafter enlisted men now qualified or hereafter qualifying as marksmen shall receive |2 per month; as sharpshooters, $3 per month; as expert riflemen, $5 per month; as second-class gunners, |2 per month; as first-class gunners, $3 per month; as gun pointers, gun commanders, observers second class, chief planters, and chief loaders, $7 per month; as plotters, observers first class, and casemate elec- tricians, $9 per month, all in addition to their pay under such regulations as the Secretary of War may prescribe, but no enlisted man shall receive at the same time additional pay for more than one of the classifications named." — Act May 11, 1908, 35 Stat., 110; see A. R., 1364 and 1365, 1908; G. 0., 80, 1908. 604. Expert riflemen, sharpshooters, and marksmen are entitled to the additional pay from the date of qualification to the end of the enlistment in which they qualify, provided that during that time they do not attain a higher classification and that they continue to be members of an organization armed with the rifle or are transferred for the convenience of the Government to some organization not so armed. — A. R., 1365, 1908, ammdedbtj O. 0. '21, 1909. "The target year for all arms of the service will begin January 1 and end December 31."— G. 0., 5, 1910. 605. " A soldier who reenlists in an organization armed with the rifle, in which quali- fication is authorized, within three months from the date of discharge from such an organization, will continue to receive, for one year from the date of such reenlistment, the extra compensation to which he was entitled at the date of discharge, provided the soldier does not attain a higher classification within that period. " In case a reenlisted soldier in the first year subsequent to his reenlistment qualifies in a lower grade than that held in his prior enlistment, extra compensation for the higher grade held in his prior enlistment will cease and that for the grade in which he qualified will begin one year from the date of his reenlistment. Qualification can not be made in the Coast Artillery Corps nor in bands of any arm. In each enlistment a soldier will begin his firing with the marksman's course and will be graded for extra compensation as set forth above for that enlistment. "The fact of qualification will be published in department orders, which will show the date of actual qualification from which the soldier is entitled to increased pay, and the first muster roll and pay roll will give the date of actual qualification and the number, date, and source of the order. Subsequent rolls will show the date of quali- fication, thus: 'Expert rifleman, June 30, 1905,' and in case of transfer for the con- venience of the Government to an organization not armed with the rifle, this fact will also be noted. In case the soldier is discharged before his qualification has been published in department orders, notation will be made on the final statements of the fact and date of qualification and that department orders announcing such qualification have not been received. Such notation will authorize the payment of the amount due the soldier as additional pay. When a soldier ceases to be entitled to the additional pay herein provided for, that fact will be noted on the muster rolls and pay rolls."— ^. R., 1365, amended by G. 0., £1, 1909. 606. Those who can not qualify for additional pay as expert riflemen, sharp- shooters, or marksmen are men of the post noncommissioned staff, Hospital Corps, ordnance detachments, Field and Coast Artillery, bandsmen of all arms of service, general service detachments (including recruiting parties), prison guard companies, and army service school detachments. 88 PAY OF ENLISTED MEN — ADDITIONAL PAY. 607. All enlisted men who qualified during the target si';>scm of 1908 and wore entitled to extra compensation on January I, 1909, will contiuue to recci\e Buch oxtra compensation during the remainder of their current enlistment, provided that during that time they do not attain a higher classification and that they continue to be mem- bers of an organization armed with the rifle or are transferred for the convenience of the Government to some organization not so armed. — Par. 1, Cir. 7, W. D., Feb. 3, 1909. The provisions of paragraph 1, Circular No. 7, War Department, Foliruary 3, 1909, are construed so as to continue the payment of extra com])en.sation for qualification in marksmanship until December 31, 1909, instead of diu-ing the remainder of the current enlistment, in the cases of all enlisted men who qualified in 1908, and who, subsequently to the date of qualification and prior to February 3, 1909, were nvn- listfd for or transferred to an organization armed with the rifle in which qualification is not authorized, or were transferred for the con\enience of the Government lo an organization not so armed; but nn enlisted man who reenlists after February 3, 1909, in an organization armed with the rifle in whith qualification is not authorized is entitled to such extra compensation after reenlistment. No modification of Circular No. 7, War Department, February 3, 1909, has been made in the case of men who have been or may lae transferred, as hereinbefore indicat('epartnient circulars. 662. To be entitled to extra pay for extra duty in the office of an artillery district engineer or an artillery district ordnance officer, or as switchboard operator at a sea- coast fortification or an interior post, an enlisted man must be detailed by name in orders issued in advance of his entry upon the extra duty, reciting that the detail is for duty for not less than ten days. When so employed he will be mustered for the extra-duty pay on pay rolls of his organization or on final statements. No payment of the extra-duty pay can be made to a soldier unlew the voucher shows that he has per- formed extra duty for ten full days under the same detail, but it is not necessary that such service be rendered on consecutive days. Where the exigencies of the service are such as to prevent the issuance of orders for details on extra duty in advance of the assumption of the duty, such details should be confirmed in orders, and will be effective from the date set forth in the confirmatory orders, which will show the actual date of the detail.— -Sec Circular 50, W. D., 1906. 663. An enlisted man when employed in the office of an artillery district engineer or an artillery district ordnance officer for a period of not less than ten days is entitled to extra-duty pay for six days a week, and when employed, after July 1, 1907, for a period of not less than ten days as a switchboard operator at a seacoast fortification is entitled to extra-duty pay for seven days a week. The muster roll and pay roll on which an enlisted man is mustered for extra-duty pay will contain the following data under the head of remarks: Dates of the beginning and of the ending of the time for which employed during the period covered by the muster and also the actual number of days to which he is entitled to the extra-duty pay; for example, "Clerk District Engineer, entitled to extra-duty pay May 1 to 31, 1907, 27 days," or "Switchboard operator, entitled to extra-duty pay July 1 to 31, 1907, 31 days." In other words, PAY OF ENLISTED MEN — EXTEA DUTY. 97 Sundays will be excluded from computation of extra-duty pay in the case of a man employed in the office of an artillery district engineer or an artillery district ordnance officer and included in the case of a man performing the duties of a switchboard operator. The muster roll and pay roll in the case of an enlisted man entitled to extra-duty pay while performing the duties of a switchboard operator at an interior post will con- tain the following data under the head of remarks: Dates of the beginning and ending of the time for which the soldier was employed during the period covered by the roll and the actual number of days to which he is entitled to the extra-duty pay; for example, "Switchboard operator, entitled to extra-duty pay July 1 to 31, 1907, 22 da.ys."^Cir.32, W. D., 1907. Note.— The order making the detail should be noted on the Qrst pay roll and the order for relief should be noted on the last pay roll. 664. Where a man is mustered tor extra duty for less than ten days, the paymaster will refuse payment unless the pay roll shows that the soldier has performed extra duty for ten full days under same detail — not necessarily consecutive days. — P. M. G. 665 . ' ' Except in case of emergency, a noncommissioned officer will not be detailed on extra duty, other than that of overseer, without prior authority for such detail having been obtained from the department commander or the general officer command- ing the post, or, in the case of places excepted from the control of department com- manders by paragraph 187, from the Secretary of War, upon an application in each case for authority fully setting forth the necessity for the detail and specifying the kind of duty to be performed. The name of the noncommissioned officer to be detailed need not be stated in the application, but the orders detailing noncommissioned officers and other enlisted men for extra duty must in each case specify the men by name. A noncommissioned officer will not be detailed on any duty inconsistent with his rank and position in the military service." — A. R., 169, 1908, as amended by 0.0. , 96, W. D., 1910. Note.— When a noncommissioned oITJcer is mustered for extrarduty pay, the roll or final statements should indicate that the detail had been approved by department commander. 666. ' ' Signal-Service men shall not receive extra-duty pay unless specially directed by the Secretary of Wa.r."—Act June 20, 1878, 20 Stat., 219; G. 0., 41, 1878. Note. — Tf enlisted men of the Signal Corps are detailed as switchboard operators at seacoast fortifications and at interior posts, with the authority of the Secretary of War, they are entitled to the extra-duty pay provided therefor,— Opmjon J. A. a., Aug. 16, 1907; P. M.G. 0., OSSSS. 667. "Enlisted men of the several staff departments, including members of the post noncommissioned staff, will not be detailed on extra duty without authority from the War Department. They are not entitled to extra-duty pay for services rendered in their respective departments." — A. R., 170, 1908. The "authority from the War Department" must be obtained in advance of the detail,—/. A. G., Nov. 17, 1904, Cir. S3, W. D., 1904. 668. "Enlisted men receiving or entitled to the 20 per cent increased pay" (for foreign service) "shall not be entitled to or receive any additional increased compen- sation for what is known as extra * * * duty."— ^c« Mar. 2, 1901, 31 Stat., 90S; G. 0., 26, 1901. 669. Enlisted men of the line of the Army and of the Signal Corps, employed in the Territory of Alaska on the Alaskan cable and telegraph system for periods of not less than ten days, receive extra pay at the rate of thirty-five cents per day. — Act May 11, 1908, 35 Stat., 114; G. 0., 80, 1908. Without determining whether the proviso in the act of March 2, 1901 (Manual, paragraph 668), is still in force, the above extra pay is payable for the fiscal year 1909 or for any year that a specific appropriation is made therefor. — 14 Comp., 846, June 2, 1908; Cir. 57, W. D., 1908. 54748°— 10 7 98 PAY OF ENLISTED MEN. FOREIGN SERVICE. 670. "Provided, That hereafter the pay proper of all eommisvsioned officers and enlisted men serving beyond the limits of the States comprising the Union, and the territories of the United States contiguous thereto, shall be increased ten per centum for officers and twenty per centum for enlisted men over and above the rates of pay proper as fixed by law for time of peace, and the time of such service shall be counted from the date of departure from said States to the date of return thereto." — Act June SO, 1902, 52 Stat., 512; 6. 0., 68, W. D., 190^. Both dates inclusive.— 75 Comp., 6S2, Mar. il, 1907. "Increase of pay for service beyond the limits of the States comprising the Union, and the territories of the United States contiguous thereto, shall be as now provided by law."— .let May 11, 1908, S5 Stat., 110; G. 0., 80, 1908. Note.— The date of arrival in the United States of enlisted men returning from a tour of foreign service or on furlough is held to be the dat« on wliich the vessel bearing them reaches the dock provided tor landing puriroses in the harbor of destination of such enlisted men within the contiaental limits of the United States.— See ar. 11, II'. C, MIO. 671. The 20 per cent increase of pay for foreign service is not payable to enlisted men for service in Porto Rico and Hawaii. The effect of the provision of the act of May 11, 1908 (35 Stat., 110; G. 0., 80, 1908), being to continue the limitation imposed by the acts of June 12, 1906 (34 Stat., 247; G. 0., 115, 1906), and March 2, 1907 (34 Stat., 1164; G. O., 48, 1907).—.?.^ Comp., 845, June f , 1908; Cir. 57, W. D., 1908. Foreign service pay to enlisted men for service in Porto Rico and Hawaii ceased June 30, 1906.— Sec IS Comp., SS, July ^1, 1906. 672. "The term 'pay proper' means compensation which may properly be desig- nated as 'pay' as distinguished from allowances or other methods of compensation not specifically described as 'pay,' and includes longevity pay." — Sup. Ct., Mar. IS, 1905. (Cases. C. Mills.) Also includes the $2 for certificate of merit and the $1 and $2 for gunners. — 11 Comp., 696, 760, May 17, June U, 1905. Note.— Under the above the additional pay of gunners, expert riflemen, casemate electricians, etc., will be included in computation of foreign service pay. 673. An enlisted man on detached service with the Zeigler Polar Expedition was not assigned to duty on land beyond the limits of the United States, and is not entitled to foreign service pay. — 12 Comp., 609, Apr. 11, 1906. {Case J. E. Moulton, td Cavalry.) An enlisted man serving on an army transport is not entitled to foreign service pay (Comp., June 19, 1906, case R. A. Tarhert), except as provided in the act of May 11, 1908, 35 Stat., 114. — See Manual, paragraph 5SS. 674. An enlisted man who, through his own fault, does not return to the United States from foreign service with his organization is not, under the terms of the law, deprived of foreign service increase until he reaches the United States. — P. M. G. LENGTH OF SERVICE. 675. "Hereafter any soldier honorably discharged at the termination of an enlist- ment period who reenlists within three months thereafter shall be entitled to con- tinuous service pay as follows, which shall be in addition to the initial pay: For those whose initial pay is $36 or more, an increase of $4 monthly for and during the second enlistment, and a further increase of $4 for and during each subsequent enlist- ment up to and including the seventh. For those whose initial pay is $18, $21, $24, or $30, an increase of $3 monthly for and during the second enlistment, and a further increase of $3 for and during each subsequent enlistment up to and including the PAY OF ENLISTED MEN LENGTH OP SERVICE. 99 seventh. For those whose initial pay is $15 or S16, an increase of S'.i monthly for and during the second and third enlistments each, and a further increase of $1 for and during each subsequent enlistment up to and including the seventh." — Act May 11, 190S, 35 Stat., 109; 0. 0., 80, 1908. 676. "The present enlistment period of men now in service shall be determined by the number of years of continuous service they have had at the date of approval of this act, under existing laws, counting three years to an enlistment, and the former service entitling an enlisted man to reenlisted pay under existing laws shall be counted as one enlistment peiiod."— Act May 11, 1908, 35 Stat., 109; G. 0., 80, 1908. Gil. Any enlisted man in service on May 11, 1908, who had prior service entitling him to reenlisted pay is entitled to credit for one enlistment period on account of such service, regardless of whether, on May 11, 1908, he was in a status of "entitled to reenlisted pay" or in a status of a certain year of continuous service. — 14 Comp., 851, Junes, 1908. Any soldier who completed at least five years of continuous service which included an honorable discharge and reenlistment and who then remained out of service over three months became entitled to "reenlisted pay" under the laws in force prior to May 11, 1908. 678. An enlisted man who reenlisted in the Army after the approval of the act of May 11, 1908, within three months from an honorable discharge at the termination of an enlistment period prior to the passage of the act is entitled to have his service counted as continuous within the meaning of the provisions of said act granting con- tinuous-service pay. — 14 Comp., 866, June 11, 1908. And is entitled to credit, in computing his continuous-service pay, for as many enlistment periods served as is found by dividing the time actually served (contin- uously) by three.— Z5 Comp., 340, Nov. 28, 1908. Adding one enlistment period for any prior service which entitled hiJn to reenlisted pay.— 74 Covip., 851, June 8, 1908; Cir. 57, W. D., 1908. For example: If the soldier on discharge had eight years of continuous service, he would on reenlistment be entitled to pay of the third enlistment period. If, prior to the commencement of such continuous service, he had service which entitled him to reenlisted pay, he would be entitled to pay of the fourth enlistment period. 679. "Nothing herein contained shall be construed so as to reduce the pay or allowances now authorized by law for any * * * enlisted man of the Army." — Art May 11, 1908, 35 Stat., 110; G. 0., 80, 1908. Note. — This applies only to men who were in the service on May 11, 1908, by virtue of having enlisted prior to such date. 680. Men in service at the time of approval of the act of May 11, 1908, are entitled to be paid for the remainder of the enlistment in which they were serving on that date at the old or new rate of pay, whichever works to their advantage.— 7 -f Comp., 857, June 8, 1908; Cir. 57, W. D., 1908; 15 Com.p., 165, Sept. 28, 1908; G. 0., 172, 1908. Note.— When a soldier is mustered for pay at the old rate, the year o£ continuous service should be shown on the muster and pay rolls in addition to the enlistment period.— G. 0., 171, 1908. 681. The time a soldier is held in service beyond expiration of his enlistment period is a part of that enlistment, and upon reenlistment within three months he is entitled to the pay of the next enlistment period. — Comp., July 21, 1908, Cir. 71, W. D., 1908. {Case Pvt. Lemker, 118 C. A. C.) 682. "The act (May 11, 1908) does not provide for counting service in the army without regard to discharge and reenlistment, except service rendered prior to the date of approval of the act. On and after such date service is to be counted by enlist- ment periods, and enlistment periods are determined by discharge and reenlistment. The enlistment period of a soldier in service at the date of the approval of the act 100 PAY OF ENLISTED MEN LENGTH OF SERVICE. having been determined under the rule laid down in the act, it continues until his discharge at the termination of the enlistment period in which he is found to be ser\- ing." — 15 Comp., 82, Aug. 8, 1908. {Case Marine Corps.) 683. A soldier discharged by purchase and reenlisted within throe months is not entitled to credit for an additional enlistment period. Upon such reenlistment he takes up the thread of the enlistment period in which he was serving at the date of dis- charge by purchase.— P. M. G. 0., Sept. 17, 1908, 70406. 684. "Hereafter an enlistment shall not be regarded as complete until the soldier shall have made good any time lost during an enlistment period by unauthorized absences exceeding one day, but any soldier who receives an honorable discharge for the convenience of the Government after having served more than half of his enlist- ment shall be considered as having served an enlistment period within the meaning of this act."— Act May 11, 1908, 35 Stat., 109; G. 0., 80, 1908. The requirement for making good time absent without leave applies only to men enlisting on or after May 11, 1908. 685. A soldier enlisted prior to May 11, 1908, is entitled to be discharged three year.*! from date of enlistment without making good time lost by absence without leave. Surh date of discharge marks the termination of an enlistment period, and upon reen- listment within three months he is entitled to the pay of the next enlistment period. — C(m.p., Sept. 1, 1908, P. M. G. 0., 6.1603-79. {Case C. M. Smith, 17th Infantry.) 686. "No soldier shall be again enlisted in the Army whose service during his last preceding term of enlistment has not been honest and faithful." — Sec. 2, act Aug. 1, 1894, I'S Stat., 216. Under above act it is held that a discharge which is other than for "service honest and faithful" precludes reenlistment. — Cir. 75, W. D., 1907 . 687. Reenlistments can not be antedated so as to place soldiers within the three months' limit for purposes of continuous service pay (6 Comp., 754, Mar. 28, 1900), nor does ari application for reenlistment within three months entitle the soldier to such increase. The benefit can only be obtained by actual reenlistment before the expiration of three months. — Comp., Nov. 26, 1902, Cir. 63, A. G. 0., 1902. In computing the period of three months, the day of discharge must be excluded. — 5 Comp., 363, Jan. 4, 1899. 688. Enlisted men of the Regular Army who served as commissioned officers, U. S. Volunteers organized in 1898 and 1899, or in the Porto Rico Regiment or Philippine Scouts on or before March 2, 1903, and who upon their muster out returned to the ranks of the Regular Army, shall have such service counted as if it had been rendered as enlisted men, and be entitled to all continuous service pay. — Act Mar. 2, 1903, 32 Stat., 9.14; G. 0., 24, A. G. 0., 1903. The above made applicable to all service as commissioned officers with Philippine Scouts.— ^c{ June 12, 1906, 34 Stat., 248; G. 0., 116, 1906. The enlistment period of a man who has enlisted within three months from the date of his discharge as a commissioned officer of Philippine Scouts is determined by dividing his total continuous service at date of discharge by three, adding an addi- tional enlistment period for any prior service which entitled him to "reenlisted pay." For example : If the officer on discharge had eight years of continuous service he would, on reenlistment, be entitled to pay of the third enlistment period. If prior to the commencement of such continuous service he had service which entitled him to reenlisted pay he would be placed in his foiu-th enlistment period. — P. M. G. 0. Apr. 21 and Sept. 7, 1909, 74979 and 78043. ' 689. Those men who have been honorably discharged from the Marine (Jorps and enlisted m. the Army within the time prescribed by law for that purpose are regarded PAY OF ENLISTED MEN LENGTH OF SERVICE. 101 as having been continuously in the service and entitled to all Iho advantages it con- fers under the laws regulating this subject. — Digest, 2 Comp., 191-5, cd. ISK). Note.— Service in tlie Navy does not count for continuous service in tlie Army.— J;? Comp., 5H2, Mar. 16, 1906. 690. An enlisted man of the Marine Corps, honorably discharged at the expiration of his first enlistment of four years and enlisted in the Army within three months therefrom, is only entitled to pay of the second enlistment period. — P. M. G. 0., Sept. 18, 1908, 704S9. See 15 Comp., 8^, Aug. 8, 1908. 691. "An enlisted man is not entitled to count time served as a cadet in computing his pay for continuous service." — Comp., Nov. 17, 1902, Civ. 57, A. G. 0., 1902. 692. Time served in fraudulent enlistment can not be counted in computation of service pay.— Comp., Sept. t8, 1900, P M. G. 0., 4302. Note.— Unless tlie Government waives the objection and allows the contract to stand. — See paragraph SOI, Manual, H Comp., 207 and 387, Nov. S and Dec. 17, 1907: also Comp., June 8, 1908, P. M. G. 0., 68999. 693. Time served prior to a discharge, which is other than honorable, can not be considered in determining a soldier's status for pay purposes in a subsequent enlist- ment.— i^ Comp., 367, Dec. 17, 1907; Comp., June 8, 1908, P. M. G. 0., 58999 {Case Harry A. Rappold); Comp., Jan. 11, 1908, P. M. G. 0., 68684- {Case David Mosten.) Except that in determining the enlistment period of a man in service (or construc- tively in service) on May 11, 1908, credit for an additional enlistment period may be allowed for service which entitled him to "reenlisted pay " and which was terminated by other than an honorable discharge, provided such discharge was not by sentence of court-martial.— Comp., June 28, 1910, P. M. G. 0., 82897. {Case Kaspar Baebler.) 694. "Hereafter any soldier honorably discharged at the termination of his first or any succeeding enlistment period who reenlists after the expiration of three months shall be regarded as in his second enlistment. " — Act May 11, 1908, 35 Stat., 109; G. 0., 80, 1908- An enlisted man honorably discharged or mustered out of service as a member of the volunteer force organized xmder the act of March 2, 1899, can not be viewed as having been discharged at the termination of an enlistment period. — Comp., Apr. 5, 1910; P. M. G. 0., 82059. This applies equally to enlisted men of volunteers organized under the act of April 23, 1898.— P M- G. 695. An enlisted man "honorably discharged at the termination of his first or any succeeding enlistment period, " either before or after May 11, 1908, who reenlists sub- sequent to May 11, 1908, after the expiration of three months from the date of his dis- charge, is entitled, under the provisions of the act of May 11, 1908, to be paid as of his second enlistment period.— .Z5 Comp., 558, March 20, 1909. 696. An enlisted man honorably discharged for the convenience of the Govern- ment after the completion of more than half of his enlistment, either before or after May 11, 1908, who reenlists subsequent to May 11, 1908, after the expiration of three months from the date of his discharge, is entitled to be paid as of his second enlistment period. —Comptroller, Aug. 30, 1909, Cir. .53, W. D., 1909. 697. A soldier serving in his first enlistment period on May 11, 1908, and discharged for the convenience of the Government before serving more than half of his enlist- ment (or by purchase before completing his enlistment) is entitled, should he again enter the service before or after the expiration of three months from the date of dis- charge, to pay of the first enlistment period only, regardless of the fact that prior to the commencement of the continuous service which placed him in his first enlistment period on May 11, 1908, he had served a completed enlistment period. — 15 Comp., 6-i8. Apr. 20, 1909, Cir. 20, W. D., 1909. {Case Private Le Roy.) 102 PAY OF ENLISTED MEN LENGTH OF SEEVICE. 698. An enlisted man discharged from a five-year enlistment, iukKt tho prov'si. n of the act of June 16, 1890, after serving three years and three months, was not dis- charged at the termination of an enlistment period within the meaning of the act of May 11, 1908, and upon reenlistment after May 11, 1908, is not entitled to count such ser\ice so as to place him in his second enlistment period. — Comp., October 20, 1909, P. M. G. 0., 78396. NONCOMMISSIONED OFFICERS. 699. "The regimental noncommissioned staff officers consist of the sergeant major, the quartermaster sergeant, commissary sergeant, and two color sergeants, and are appointed by the regimental commander. The battalion noncommissioned staff officers are the battalion sergeants major, and in engineer and field artillery troops, battalion quartermaster sergeants. They are appointed by the regimenlal commander after consultation with the battalion commander. X^Tien a battalion is detached from regimental headquarters the battalion noncommissioned staff officers are appointed temporarily by the battalion commander, who will immediately notify the regimental commander, and such temporary appointment will be in full force and effect from the date it is made and will continue in full force and effect from that date if it be approved by the regimental commander. If the regimental commander disapproves the appointment, then the increased rank and pay will cease upon receipt by the battalion commander of notice of such disapproval. Each noncommissioned staff officer will be furnished with a warrant signed by the regimental commander and countersigned by the regimental adjutant. The appointment takes effect on the day upon which it is made and the warrant may be continued in force upon discharge and reenlistment, if reenlistment be made on the day following that of discharge; each reenlistment and continuance will be noted on the warrant by the adjutant. Any noncommmsioned hiaff officer may be reduced to the ranks by the sentence of a court-martial, or by order of the commander having final authority to appoint such ncmcommissioned officer. "— A. I!., -251, 190S, amended by G. 0., 169, W. D., 1908. Note. —When the warrant is continued on reenlistment the roll should show that fact atfirmatively. 700. "The Coast Artillery Corps noncommissioned staff officers consist of ser- geants major, senior grade; master electricians; engineers; electrician sergeants, first class; electrician sergeants, second class; master gunners; sergeants major, junior grade, and firemen. They are appointed upon the recommendation of the Chief of Coast Artillery after due examination under rules announced from time to time by the War Department. They will be furnished with warrants signed by the Chief of Coast Artillery. The appointment takes effect on the day upon which it is made and the warrant may be continued in force upon discharge and reenlistment if reenlistment be made on the day following that of discharge; each reenlistment and continuance will be noted on the warrant by the artillery district commander and The Adjutant- General of the Army will be informed of the fact. Master electricians, engineers, electrician sergeants, first class, electrician sergeants, second class, and master gunners, though liable to discharge for inefficiency or misconduct, will not be reduced. Any other Coast Artillery Corps noncommissioned staff officer may be reduced to the ranks, by the sentence of a court-martial or upon the recommendation of the artillery dis- trict commander approved by the Secretary of War." — A. R., SOS, 1908, amended by G. 0., 128, 1908. 701. "The promotion and reduction of noncommissioned officers of the Engineers is governed by the following extract from paragraph 239, Army Regulations: "The r^ulations relative to reductions apply to battalions not organized into regi- ments unless otherwise specifically provided." 702. Post noncommissioned staff officers and others appointed by the Secretary of War receive pay from date of appointment, not from date of warrant.— /\ M. G.; see Par. 9S, A. R., 1908. PAY OF ENLISTED MEN — NONCOMMISSIONED OFFICERS. 103 703. Company noncommissioned officers are appointed by regimental commanders, cr temporarily appointed by battalion commanders, under the conditions stated in paragraph 251 (Army Regulations), on the recommendation of their company com- manders; but in no case will any company organization have an excess of noncom- missioned officers above that allowed by law. The noncommissioned officers of Coast Artillery Corps companies will, upon the recommendation of the company commanders, be appointed by artillery district commanders. — A. R., $66, 1908, 'amended by G. 0., 164, W. D., 1908. 704. "Appointments of company noncommissioned officers and acting cooks of the Hospital Corps will take effect on the day of appointment by the authorized com- mander, and of first sergeants, quartermaster sergeants, stable sergeants, chief mechanics, cooks, artificers, farriers, horseshoers, mechanics, saddlers, wagoners, musicians, trumpeters, and first-class privates on the day of appointment by the com- pany commander; but in case of vacancy in a company absent from regimental and battalion headquarters a company commander may make a temporary appointment of a noncommissioned officer, which will carry rank and pay from the date of such appoint- ment. Information of the appointment will be promptly sent to the regimental com- mander, and if he disapproves it the increased rank and pay will cease upon receipt by the company commander of such disapproval." — A. JR., 210, 1908, amended by G. 0., 141, 1909. Note. — Appointments and promotions can not be antedated, but carry pay from the date when actually made, though announced in orders of a later date. 705. "Chief mechanics, cooks, farriers, horseshoers, mechanics, artificers, saddlers, wagoners, musicians, trumpeters, and first-class privates are enlisted as privates, and after joining their companies are appointed by their respective company commanders. For inefficiency or misconduct they are subject to reduction by the same authority." — A. R., 275, 1908, amended by G. 0., 141, 1909. 706. "Men may be enlisted for the Signal Corps, at the discretion of the Chief Signal Officer of the Army, in the class or grade for which they are competent and in which there is a vacancy. They will be promoted and reduced in the class or grade, as fixed by law, by the Chief Signal Officer of the Army or by his authority." — A. R., 1575, 1908. The promotion of noncommissioned officers of the Signal Corps takes effect from the date as stated in the order announcing the change of rank, though the date of issue of order may be subsequent to the date on which the promotion took effect. — P. M. G., Aug. 25, 1899, 1S068. 707. Men at ordnance stations are enlisted as second-cla.ss privates and mustered, at discretion of officer in command, in any grade for which they are competent and in which there is a vacancy, except the grades of corporal and sergeant, promotion to which requires the previous sanction of the Chief of Ordnance (and pay begins from date of such promotion). They may be discharged for cause by the Secretary of War, before expiration of enlistment.— 5e« R. 8., 1162; par. 11, Ord. Regs. Warrants of noncommissioned officers at Manila ordnance depot are dated back to date of appointment by depot commander and pay is due from date the duties com- mence.— CT/. Ord., Mar. 18, 1903, P. M. G. 0., 36403. 708. "A noncommissioned officer may be reduced to the ranks by sentence of a court-martial, or on the recommendation of the company commander, by the order of the commander having final authority to appoint such noncommissioned officer, but a noncommissioned officer will not be reduced because of absence on account of sickness or injury contracted in the line of duty. If reduced to the ranks by sentence of court-martial at a post not the headquarters of his regiment, the company com- mander will forward a transcript of the order to the regimental commander. The transfer of a noncommissioned officer from one organization to another carries with it 104 PAY OF ENLISTED MEN — NONCOMMISSIONED OFFICEES. reduction to the ranks unless otherwise specified in the order by authority competent to issue a new warrant."— j1. R., 277, amended by G. 0., 164, 1908. 709. "When a noncommissioned officer, while in arrest or confinement, is reduced by sentence of a court-martial, the date of the order publishing the sentence is the date of reduction. In all other cases reduction takes effect on the date of receipt of the order at the soldier's station. The desertion of a noncommissioned officer vacates his position from the date of his unauthorized absence." — A. R., 27:?, 1908. The provision in A. R., 272, 1908, that "the desertion of a noncommissioned officer vacates his position from the date of his unauthorized absence," applies to privates first class of all organizations having such grade. — J. A.G., Apr. 2S, 1909, P. M. O. 0., 756S2. 710. Regimental and company noncommissioned officers transferred to casual detachments en route to the United States for discharge hold their rank until expira- tion of term of service; but when held to service beyond term of enlistment they revert to privates. Appointments to fill vacancies will not be made until expiration of service of preceding incumbents. — Sec. War, Feb., 17, 190t. But the above does not apply to the Hospital or Signal Corps, Ordnance Depart- ment, nor post noncommissioned staff officers, who are entitled to pay of their grades for time retained in service.— 5ce. War, Sept. SS, 1904; P. M. G. 0., 4S827. Noncommissioned officers and privates of bands transferred to casual detachments en route to the United States for discharge hold their rank and status as members of bands until expiration of term of service; but when held to service beyond term of enlistment they revert to privates of the line. — Dec. Seer. War, Mar. 18, 1909; P. M. G. 0., 438^7. 711. A noncommissioned officer appointed or promoted subsequent to date of the order reducing the number in a company, but prior to receipt of the order at the post where he is serving, is entitled to the pay of his new grade. — Comp., Feb. 10, 190S, dr., 7, A. G. 0., 1903. 712. "Hereafter the Secretary of War shall be authorized to detach from the Army at large such number of enlisted men as may be necessary to perform duty at the various recruit depots and the United States military prison, and while performing such duty there shall be allowed for each depot and the prison, one who shall have the rank, pay, and allowances of battalion or squadron sergeant-major." — Act June 12, 1906, S4 Stat., 242; G. 0., 115. 1906. "Hereafter recruit and prison companies shall have noncommissioned officers, musicians, artificers, and cooks of the number and grades allowed by law for com panies of infantry."— ^c< Mnr. 2, 1907, S4 Stat., 1160; G. 0., 48, 1907. "Hereafter the Secretary of War may authorize the temporary appointment of such number of sergeants and corporals in the companies at the general recruiting depots as may be necessary for the proper control and instruction of the varying number of recruits attached to such companies." — Act Mar. S, 1909, 35 Stat., 741; G. 0., 49, 1909. 713. "Hereafter one of the companies at each recruiting depot shall have the organization of an infantry band, to which recruits showing an aptitude for music may be attached for examination and instruction before assignment to organizations in the Army."— ^c< Mar. 3, 1909, 35 Stat., 745; G. 0., 49, 1909. Recruits attached for instruction are not entitled to pay as bandsmen. — P. M. G. 714. "The Secretary of War is authorized to detach from the Army at large such number of enlisted men as may be necessary to perform duty at the various recruiting stations, and while performing such duty one member of each party shall have the rank, pay, and allowances of sergeant and one the rank, pay, and allowances of corporal of the arm of service to which they respectively belong."— .4c« Feb. 2, 1901, 31 Stat., 756; G. 0., 9, 1901. tAY OF ENLISTED MEN NONCOMMISSIONED OFFICERS. 105 "All assignments of enlisted men to the general recruiting service will be aa pri- vates."—^. R., 855, 1908. The recruiting officer in charge of each general recruiting station will announce in orders from his station, and muster from the date of such announcement, one mem- ber of his recruiting party as sergeant and one as corporal. — A. R., 853, 1908. (For Bonus, see note, par. 633, Manual, — .) 715. Any appointment in excess of the number allowed by law will not be entitled to the pay of the rank. — Comp., Aug. 8, 1907, Navy dr., 78, 1907. 716. "Members of recruiting parties announced and mustered as sergeants or corporals will not be reduced while performing such duty without the approval of The Adjutant-General of the Army. Their appointments as sergeants or corporals will, however, terminate whenever they are relieved from recruiting duty, or when the stations at which they are serving are discontinued, unless they shall be assigned to other recruiting stations at which there are vacancies in their respective grades. The recruiting officer will in every case announce in orders the date of the termination of an appointment as sergeant or corporal and furnish copies of each order, as indicated in paragraph 853."—^. R., 854, 1908. 717. "From the enlisted force of the army now provided by law the President may authorize the organization of school detachments at each of the service schools, and may authorize the appointment therein of such noncommissioned officers, mechanics, artificers, farriers, horseshoers, and cooks as may be necessary for the administration of such school: Provided, That nothing herein shall be construed as to authorize an increase in the total number of enlisted men of the army now author- ized by law."— ^c« Mar. 3, 1909, 35 Stat., 733; O. 0., 49, 1909. For service school detachments authorized, see War Department General Orders. PAY ROLLS. 718. "At every muster of troops pay rolls will be prepared, signed, and disposed of in accordance with the directions on the blank forms furnished by the Paymaster- General of the Army, and at each bimonthly muster on the last day of February, April, June, August, October, and December muster rolls will be prepared, signed, and disposed of in accordance with the directions on the blank forms furnished by The Adjutant-General of the Army. There will be reported, on the field, staff, and band roll, the regimental fleld,officers, the chaplain, regimental and battalion staff (commissioned and noncommissioned), and band; on the post artillery corps rolls, the noncommissioned staff (artillery corps bands on seprate rolls); on the company rolls, the officers and enlisted men belonging to the company; on the hospital rolls, the medical officers, the hospital corps, and the authorized matrons; on the post noncommissioned staff rolls, the post noncom- missioned staff. The last-named rolls will be prepared and signed by the adjutant, who will also keep the accounts and prepare the final statements of the men borne thereon."—^. R., Sn, 1908. Note.— All changes ot rank or grade, with dates of same, and numbers and dates of orders, must be noted on the pay rolls. 719. The preparation of muster rolls, pay rolls, inventories of effects, and certifi- cates of disability for discharge, on a typewriting machine, is authorized, provided a black-record ribbon of standard quality is used, but carbon copies of such papers will not be forwarded to the War Department. Under no circumstances will discharge certificates and final statements be prepared on a typewriting machine.— CiV. 41, W. D., 1910. 720. "A soldier on duty or in hospital at a post or station where his company is not mustered will be mustered on a detachment roll, a separate roll being prepared for each regiment or corps." — A. R., 813, 1908. Note. —For men of the Coast Artillery a separate roll will be required for the bands and lor each company represented at the post.— 5ee dr. S,A.G. O., 190S. 106 PAY OF ENLISTED MEN — PAY ROLLS. 72 1 . Substitution of figures for names of months, in columns of ' ' date of enlistment " and -kst paid, " is not approved.— C/i/. Staff, Jan. 15, 1904, P- if- O. 0., 4i3M. 722. "All enlisted men present will receipt one of the triplicate rolls for the amount due to them, except when it is known that payment will be made by check, in which case signatures will not be required. Witnessing ofiicers will see that the soldiers' signatures correspond with their names as borne on the roll, and when a soldier can not write he will receipt by his mark, which will be witnessed by a commissioned officer, or, in the absence of a commissioned officer, by a contract surgeon. Duplicate copies of the rolls will then be forwarded by the commanding officer to the pajnia.ster designated to pay the command. — A. R., 1SJ9, 1908. 723. "When enlisted men are not present at the pay table owing to exigencies of the service, the paymaster may place in the hands of the company commander for delivery the pay of the men thus necessarily absent, notation of ' Not Paid ' being made on the jiay rolls opposite the names of the men. In such cases the company commander upon turning over the pay to the men will require them to sign a sub- voucher (Form 28 H, Pay Dept.); wiU Iiiraself sign the certificate thereon attesting the payment, and then forward the subvoucher to the paymaster without delay. " — Cir., 4S, W. D., 1908; See Comp., May 15, 19US. Note.— The remark "Not paid" should be made on the pay roll opposite the soldiers' signatures, in order that the conditions of the witnessing oITicer's certificate on the pay roll may be conformed to. Note 2.— The subvoucher, which is intended for use only where an organization is paid by the pay- master in person, should not be utilized for making payment to an enthe organization, but only to those men who, through the exigencies of the service, are not able to appear in person at the pay table. — P. l/". o. 0., Nov. e, 1909, esior. 724. \\'hen the pay of enlisted men is turned over to the company commander the amount on the pay roll will not be ruled out, as the paymaster should take credit for such payments in entering the voucher on his abstract of expenditures. The notation "see subvoucher attached " should be made again.st the remark "Not Paid. " Any amount returned by the company commander as unpaid, if received before the voucher is entered in the paymaster's accounts, may be ruled out and dropped from the footing of the roll; but if the -s-oucher has been closed and entered, the amount so returned should be taken up in collections and statement to that effect made on the roll.— P. it/. 0., June 4, 1908, 65207. Note.— See paragraph 650, Manual for the Pay Department. 725. " Corrections on muster and pay rolls, after muster and before they have been forwarded, will not be made except with the approval of the mustering officer. Re- tained rolls will not be changed without authority from the War Department." — A. R., 815, 1908. Pay rolls must not be changed by company officers after they have been presented to the paymaster. — Cir. tl, A. G. 0., 1899. 726. " Calculations on the pay rolls are made by the paymaster and copied on the retained roll by the company or detachment commander, who will certify that he wit- nessed the payment, and will enter thereon the name of the paymaster and date of payment."—^. R., 1SS8, 1908. The sum of each page of the pay rolls will be entered in ink at the bottom and carried to the top of the next page.— Cir. 140, P. M. G. 0., Jan. 21, 1890. Pay rolls extended in pencil will not be accepted.— C'lr. 177, P. M. G. 0., Oct. 25, 1898. 727. "All vouchers showing changes in figures will be suspended, unless it be shown that the changes were made before payment and the actual amount paid the soldier be separately certified by the mustering officer, commanding officer of the company," or officer witnessing the psiyment.— Auditor, Feb. IS, 1903, Or 268 P. M. G. 0. PAY OF ENLISTED MEN PAY BOLLS. 107 728. "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." — A. R., 1394, 190S. The officer who prepares a pay roll should not attempt to settle the account of a soldier by striking a balance between his undrawn pay and indebtedness to the United States, this being the duty of the paymaster. — See paragraph 10 of instructions on the back of pay-roll forms. 729. Where the full amount of court-martial stoppages on a muster roll is not deducted, the paymaster will note in the witness column the amount actually deducted, thus: "$5.20, court-martial fine deducted," and the company commander should enter such amount in the column of remarks on next roll after the stoppages in question as "deducted on previous roll" in accordance with paragraph 5, General Orders, No. 53, 1878.— P. M. G. 730. Where a remission of part or all of a court-martial sentence forfeiting pay appears on the pay roll against an enlisted man, and the remission is made because the fine was in excess of the legal limit, or was illegal, that fact should be specifically stated.— P. M. G. 731. Amounts due in a prior enlistment can not be adjusted on rolls of current enlistment. For such amounts application should be made to the Auditor for the War Department.— Comp., June 26, 1899; Cir. 189, P. M. G. 0. 732. "A transfer will take effect on the date of the receipt of the order at the post where the soldier is serving, and a descriptive list and account of pay and clothing showing that date will be forwarded to the commanding officer of the com- pany or detachment to which the soldier is transferred. The actual date of transfer will be stated on the roll upon which the soldier is first paid after transfer." — yl. R., 114, 1908. WAR PAY. 733. "In time of war the pay proper of enlisted men shall be increased twenty per centum over and above the rates of pay so fixed by law." — Act Apr. 26, 1898, 30 Stat., 365; G. 0., 29, 1898. PAY ON DIS(;HARGE. 734. "An enlisted man will not be discharged before the expiration of his term of service except: 1. By order of the President or of the Secretary of War. 2. By sentence of a general court-martial or military commission. 3. Under rules governing discharge by purchase, by direction of the commander of a territorial department or army in the field. 4. By order of the commanding general, Philippines Division, as authorized by paragraph 125. 5. In compliance with an order of one of the United States courts, or a justice or a judge thereof, on a writ of habeas corpus."—^. P., 138, 1908, amended by G. 0., 175, W.D., Aug. 12, 1909. 735. "In the event of the enlistment of a soldier in the Army for the period required by law, and after the expiration of one year of service, should either of his parents die, leaving the other solely dependent upon the soldier for support, such soldier may, upon his own application, be honorably discharged from the service of the United States upon due proof being made of such condition to the Secretary of War."— Sec. 30, Act Feb. 2, 1901, 31 Stat., 766; G. 0., 9, 1901. Note.— Application for discharge under above law will be forwarded through military channels, with the required proof, to The Adjutant-General of the Army.— fi. 0., 4, 1906. 108 PAY OF ENLISTED MEN PAY ON DISCHABGE. 736. When discharged before expiration of enlistment for the cunvonience of the government, and reenlisted, the discharge certificale and final statenioiits will be withheld until reenlistment and a notation made on each that the soldier was dis- charged for the convenience of the Government prior to the expiration of his lorin of aervice.— ear provided that, if discharged, they reenlist within three months. Quali- fication can not be made by bandsmen. Orders will be published from proper depart- ment headquarters showing date of actual qualification. The first muster and pay rolls will state date of qualification and number, date and source of order, and sub- sequent rolls will show grade and date of qualification. In case of discharge before publication of orders, notation will be made on final statements of the fact and date of qualification and that department orders have not been received. Such notation will authorize payment of the amount due. If an expert rifleman tails to requalify as such, but qualifies as a sharpshooter or marksman, he will be entitled to the pay of the qualification made, from the close of that target year to the close of the next succeeding target year. The same rule applies to a sharpshooter who fails to requalify as such but qualifies as marksman. When the sum is thus reduced or when a man ceases to be entitled to any one of the additional sums, the fact and date will be noted on muster and pay rolls. — G. 0., 28, 1908. Philippine Scouts are not deprived of their right to pay for marksmanship by reason of their being detailed to volunteer bands organized under authority of G. O., 8, 1908.— 5ec. IT'ar, May 18, 1909, P. M. G. 0., 75728. 782. Enlisted men of the Philippine Scouts can not allot their pay. — /. A. G., Sept. 21, 1903, P M.G.O., 40157. PORTO RICO REGIMENT. 783. On and after June 30, 1908, the Porto Rico Regiment of Infantry shall be composed of two battalions of four companies each. The field ofiicers shall be one lieutenant-colonel and two majors detailed for four years from ofiicers not below the rank of captain in the Army. OflBcers below the grade of field officer will be commissioned as officers of the Porto Rico Regiment of Infantry and shall have the same rank, pay, rights, and allowances as provided by law for officers of the Army of the United States, except that they shall be promoted according to seniority within the regiment, such appointments and promotions to be made with the advice and consent of the Senate. POETO EICO EEGIMENT. 115 Men enlisted after May 11, 1908, shall be enlisted for a period of three years and may be reenlisted, such enlistments and reenlistments to be subject to the regula- tions governing the Army at large; their pay and allowances to be the same as author- . ized for like grades in the Army of the United States.— ^ct Apr. 23, 1904, S3 Stat., 266. G. 0., 76, 1904; act May 11 and 27 , 1908, 35 Stat., 114 and 392; G. 0., 80 andlOO, 1908. 784. Under the provisions of the act of April 23, 1904, the promotion of an officer of the Porto Rico Regiment takes efiect from date of vacancy, the same as in the Regular Army,— P. M. G., Feb. 21, 1907, 60361. 785. Under the act of June 30, 1902 (32 Stat., 512), native officers and enlisted men of the Porto Rico Regiment are entitled to foreign-service pay. — IS Comp., ISO, Av(j. 27, 1906; Comp., Jan. 3, 1907, P- M. G. 0., 57185. But by the act of June 12, 1906 (34 Stat., 247), foreign-service increase is not pay- able for ser\ice in Porto Rico. — 13 Comp., 33, July 21, 1906. {Case Marine Corps.) Sff Manual, pars. 523 and 671. 786. Service in the Porto Rico Regiment is service in the Army. — 13 Comp., 72, July 31, 1906. {Case Marine Corps.) 787. A soldier discharged from his first two-year enlistment in the Porto Rico Provisional Regiment and reenlisted after May 11, 1908, "is to be regarded as serving in his first enlistment period during the latter enlistment." — 15 Comp., 213, Oct. 6, 1908; Cir. 86, W. I)., 1908. If serving in his second or any succeeding enlistment on May 11, 1908, his service should be computed under paragraph 676, Manual. — P M. G. 788. Men of the Porto Rico Provisional Regiment who were enlisted for two years pursuant to the act of April 23, 1904, and who reenlist for three years under the act of May 11, 1908, are not entitled, on such enlistment, to receive an amount equal to three months' pay, as provided in Manual, paragraph 632. — 14 Comp., 843, June 2, 1908; Cir. 57, W. D., 1908. 789. Enlisted men of the Porto Rico Regiment can not allot their pay. — /. A. G., Sept. 21, 1903, P. M. G. 0., 40157. PUBLIC MONEY. 790. "All sums appropriated for the various branches of expenditure in the public service shall be applied solely to the objects for which they are respectively made, and for no others."— if. S., 3678. 791. "The Secretary of the Treasury shall cause all unexpended balances of appropriations which shall have remained upon the books of the Treasury for two fiscal years to be carried to the surplus fund and covered into the Treasury." — Act June 20, 1874, 18 Stat., 110; G. 0., 68, 1874. Note. — The "two fiscal years" is interpreted by the Treasury Department to mean "two years exclu- sive of a current fiscal year." Therefore the Pay Department has available at all times appropriations for three full fiscal years. 792. In the absence of any provision of law making appropriations available at an earlier date, they do not become available until July 1st. — Comp., June 26, 1905, P. M. G. 0., 51242. Acts of Congress are not repealed nor is the Government relieved from liability by failure to make further appropriation. Liability, however, which is assumed by and rests wholly on an appropriation, ceases when the appropriation is exhausted. — Comp., Apr. 6, 1903. {Case C. W. Abbott, 12th Infantry, "Increased pay for higher command. ' ' ) 116 PUBLIC MONEY. 793. When money has been erroneously (ineroil into the credit of an appropria- tion subject to draft it may be drawn out to correct error.— Vol. l', Digest .'d Comp., 31, Dec. 29, 1S74. Note.— If a pajrmaster, on return from pay trip, deposits too much money by error, the excess may be drawn out by- check. 794. "An officer is not authorized to insure public money or property, and he will not be allowed credit for any expense paid for the collection of money on checks, except as provided in paragraph 1108 for military attaches serving abroad." — A. R., 600, 1908. 795. "Disbursing officers having moneys in their possession not ref|uired for cur- rent expenditure shall pay the same to the Treasurer, an assistant treasurer, or some public depositary of the United States without delay, and in all cases within thirty days after their receipt."— i?. S., S621, amended by act Mai/ 28, 1896, .'9 Stat., 179; G. ()., .10, 1896. 796. "Public money, subjcrt to disbursement, coming into the hands of an officer from any source will be promptly placed by him to his credit with the Treasurer or an assistant treasurer of the United States, or a duly designated depositary, or else trans- ferred to a lUsbursing officer of that branch of the public service to which the money pertains. Exceptions to this rule are allowed * * * in cases where an officer, when stationed on the extreme frontier or at a place far remote from depositaries, has been specially authorized by the Secretary of War to keep at his own risk such money as may be intrusted to him for di-ibursement. Money in hand, subject to disburse- ment, may be disbursed at once without being placed in depositaries if a payment is due."— yl. R., 590, 1908. 797. Alaska disbursing officers are authorized to keep money in personal possession and to exchange their official checks for currency with the Post-Office, Signal Corps, or Subsistence Department. — CV. 0., liiO, 1905. 798. "Where there are two or more designated depositories in the same place, credit should be so regulated by each disbursing officer there stationed as to maintain, as far as possible (by deposits, disbursements, and transfers), a proportion between the amount of his credit at each depository and the amount of securities filed by it with the United States Treasurer. Transfers from one depository to another are not authorized except through the Treasury Department." — A. R., 587, 1908. 799. " For every Treasury draft received by a depositary to be placed to the official credit of a disbursing officer, and for every deposit of funds made by the officer to his official credit, subject tcj payment of his checks, a receipt, numbered in serial order, and giving the place and date of issue, will be furnished him by the depositary, setting forth the character of the funds, i. e., whether coin or currency. If the credit is made by a disbursing officer's check transferring funds, the essential items of the check will be enumerated, and if by a Treasury draft, the warrant number. The title of the officer will be expressed, and the title of the account will also show for what branch of the public service it is kept. The receipt, called 'a disbursing officer's receipt,' will be retained by the officer in whose favor it is made." — A. R., 599, 1908. 800. Paymasters are directed to make prompt reports to the depositaries on the receipt of the monthly statements of their disbursing accounts. — P. M. G., May 29, 1868. See also Cir. 9, W. D., 1910. Note.— When prompt report can not be made the receipt of the disbursing statement should be imme- diately acknowledged , and the depositary informed as to the cause of delay and when proper report probably can be made. 801. "When unexpended balances are deposited to the credit of the Treasurer of the United States they should be so deposited in the depository in which the officer has such balances, and cash on hand will be deposited in the nearest designated PUBLIC MONEY. 117 depository for publir funds."— C'ir. g, W. D., 1903. Also Treas. Dept., Cir. 102, Dec. 7, 1906; Cir. 2, W. I>., Jan. If,, 1909. 802. Disbursing officers are not autfiorized to transfer funds standing to their credit with one depositary to their credit with another depositary; such transfers will be made by the Secretary of the Treasury upon requests of the heads of the departments under which the officers are serving. — Treasury Cir. 102, Dec. 7, 1906; Cir. 2, W. D., Jan. 15, 1909. 803. "A disbursing officer of one staff department making stoppages on account of the funds or property of another staff department will, in the absence of special instructions to the contrary, deposit the funds so received, and not leave them to be transferred upon the settlement of his accounts at the Treasury." — A. R., 617, 1908. 804. "The transfer of public moneys advanced under one appropriation to be used for an object provided for by another appropriation, the former to be subse- quently reimbursed from the latter, is not authorized by law." — 7 Comp., 187, Oct. 20, 1900. (Case transfer helmen Army and Navy.) 805. "Public funds will, as a rule, be transferred as follows: When the accounts are in the same office or bank, the officer making the transfer will draw his check directing the depositary to place a stated amount to the official credit of the officer named on the check. The check will be sent to the depositary and not to the officer in whose favor it is drawn. If it is necessary that the officer to whom the funds are transferred shall receive them without delay, the transferring officer may draw his check and transmit it directly to the payee. In either case an invoice will be sent to the receiving officer, but no receipt will be given by him except for cash transfers. Transfers of public funds from one office or bank to another are made by the Secretary of the Treasury on the recommendation of the Secretary of War." — A. R., 601, 1908. Note. — Paymasters are expected to charge themselves, upon receipt of proper invoices, with funds transferred by other paymasters by checks, carrying and reporting the same as in transitu funds until informed by the depositaries that the checks have been received and amounts duly credited, but such funds are not available for disbursement until so credited. 806. "When unexpended balances are transferred to another officer of the same department such transfer must in all cases be effected by an actual transfer of funds, whether by cash or by transfer check upon the proper depository. In the latter case the check must be immediately transmitted by the payee for transfer to his credit. If the officer after approval of his new bond is again placed in funds by the officer to whom his former balance was transferred, care will be taken that the amount so remit- ted will vary in amount from that received." — Cir. 2, W. D., 1903. 807. Receipts for transfer of funds between paymasters will not be forwarded to the Paymaster-General's Office in advance of the monthly accounts to which the receipts appertain.— Ci>. 278, P. M. G. 0., Dec. 1, 1906. 808. "An invoice of funds transferred will show the place and date of transfer, the name and title of the officer to whom transferred, the character of funds, and the amount transferred under each head of appropriation. "If the transfer is of cash, a receipt will be obtained and filed with the account current."— .4. R., 643, 1908. ACCOUNTS. 809. "All officers, agents, or other persons receiving public moneys shall render distinct accounts of the application thereof, according to the appropriation under which the same may have been advanced to them." — R. S., .3623. 810. "All persons charged by law with the safekeeping, transfer, and disburse- ment of the public moneys * * * are required to keep an accurate entry of each sum received and of each payment or transfer." — R. S., 3643. 118 PUBLIC MONEY — ACCOUNTS. 811. "Every officer or agent of the United States who, having received public money which he is not authorized to retain as salary, pay, or emolument, tails to render his account for the same as provided by law, shall be deemed guilty oi embezzle- ment, and shall be fined in a sum equal to the amount of money embezzled, and shall be imprisoned not less than six months or more than ten years." — R. S., 5491. 812. All the money appropriated for the Pay Department, except the appropria- tion for mileage, shall be disbursed and accounted for by officers of the Pay Depart- ment as pay of the Army, and for that purpose shall constitute one fund. — Annual appropriatwn act. All the money appropriated for pay of the Military Academy "shall be disbursed and accounted for by officers of the Pay Department as pay of the Military Academy, and for that purpose shall constitute one fund."— Anrnuil appropriation act. 813. Each officer of the Pay Department will keep a cash book, an abstract of payments book, abstract of deposits book, and accounts-current book in form and manner as prescribed by the Paymaster-General. — P. M. G. 811. "The accounts of a bonded disbursing officer must be kept separately under each bond. * * * When a new bond is gi\en, the ofBcer should close his accounts under the former bond and deposit to the credit of the Treasurer of the United States, or transfer to a bonded officer of the same department who is authorized by law to handle the same class of fund,'^, any unexpended balance before an advance is made under the new bond in order that the liability of the sureties on the respective bonds may be definitely fixed. In all cases of transfer it should be an actual transfer of funds and not a mere paper transaction." — ('omp., July 21, 1903, Cir. a, W. D., 1903. 815. "Accounts in the Treasury are never closed. In neither the legal nor mer- cantile sense of the term is an account between the Government and one of its officers ever ' finally adjusted,' nor is his official bond ever canceled or surrendered. " — 14 Ct. Cls., lis, December, 1878. {Case Maj. Wm. Smith.) 816. All disbursing officers shall render their accounts quarterly, but the Secretary of the Treasury may direct any or all such accounts to be rendered more frequently when in his judgment the public interests may require. — Act Aug. :S(), 1890, Hi) Slat., 41.3; G. 0., 109, 1890. Officers of the Pay Department will render their accounts monthly {G.O., 114, 1890), except "special disbursing agents," who are military attaches, whose accounts may be rendered quarterly.— Sec. Treas., Feb. 15, 1907, P. M. G. 0., 56365. 817. "All monthly accounts shall be mailed or otherwise sent to the proper officers at Washington within ten days after the end of the month to which they relate ; " but the Secretary of the Treasury may relax the requirements of mailing within ten days.— Sec. la. Act July -11, 1894, 28 Stat., 209; G. 0., .16, 1894. 818. "Disbursing officers who render accounts which eventually pass to the Treas- ury Department for settlement are required to prepare their accounts, with abstracts and vouchers complete, and deposit them in the post-office, addressed to the chief of the biureau of the War Department to which they pertain, on or before the 10th day of each month. Irregularities in the mail service or want of blank forms will not excuse a failure to comply with this paragraph. When vouchers are not sent with the account to which they belong, but are subsequently rendered, suitable explanations will be madef."— .1. R., 631, 1908. Note.— Letters of transmittal will accompany the monthly accounts ol paymasters, as the date thereof will be the guaranty to the Auditor that the account was deposited in the mail within the time specified by law. 819. No package weighing more than four pounds is mailable, except in case of single books, or books circulated by Congress, or official matter emanating from the Executive Departments and mailed at Washington. — Act June 8, 1896, 29 Stat., 262. JPUBLIC MONEY — ACCOXTNTS. 119 "Accounts for the mail should be securely wrapped and tied with strong twine (not rubber bands). "—CiV. ;^66', P M. G. 0., May n, 1902. Paymaster's accounts should not be forwarded by express. — P. il. G. , Oct. 15, 1904, SS.iJl . 820. Paymasters may, if they so desire, mail to this office on the 15th of the month all vouchers paid to that date. — P. M. 6. 821. "Abstracts of payments should be kept together and not scattered through the account, and the entry of vouchers thereon should be in the regular order of their payment."— ft>. 266, P. M. Q. 0., May 12, 1902. The sum of each page must be entered in ink at the bottom and carried to the top of next page.— CV. 140, P. M. G. 0., Jan. 21, 1890. 822. "An abstract of amounts deducted from pay on account of allotments will be prepared by the paymaster and forwarded to this office, with his account, on forms supplied by this office. The name, rank, company, and regiment of the soldier will be stated, together with the amount deducted as 'allotment.' The month or months to which the same pertains will also be stated." — Cir. 223, P. M. O. 0., Jan. 29, 1900. Note.— All allotments withheld from the pay of enlisted men, either by being dropped from the " Total amount due" on the pay rolls and "Pay" on final statements or treated as a collection, must be entered on the abstract of allotments.— P. M. O. 823. Abstracts of collections in cases of individual collections, either on account of suspensions or stoppages, the name, rank, and organization of officer or soldier concerned should be stated; for suspensions, the nature of collection, number of voucher, and account and paymaster, and for stoppages the name of the department requesting same. Proceeds of sale of effects of deceased soldiers should be entered in full, giving name, rank, organization, and when possible date of soldier's death. Soldier's pay returned should show the name of the soldier, the organization to which he belongs, period paid for, name of paymaster making the payment, and number of voucher and account, and when a canceled check is involved the number of same and the depository upon which drawn. Deduction on account of purchase of discharge should be entered on abstract of collections separate from any other collections that may be made on the same voucher, and should state on account of "purchase of discharge," giving name, rank, and organization of soldier, and number- of voucher from which deducted. — Cir. 266, P. M. G. 0., May 12, 1902. ACCOUNTS CURRENT. 824. An account current, accompanied by abstracts and vouchers, will be for- warded to the chief of the bureau to which it pertains and a memorandum copy thereof retained by the officer. The balances acknowledged by a disbursing officer and his analyses thereof must actually represent the state of his business at the close of the last day for which-the account is rendered. He will so arrange his business that he may, when called upon to do so, close his accounts and analyze his acknowledged balances. All transactions coming within the time covered by the account will be reported therein. No payments or collections not actually made, and not in the hands of the officer during the period of the account, will be included therein. An officer dis- bursing in part by cash and drawing official checks to obtain cash to make payments will render with his account current a subsidiary cash account, the balance of which will agree or be reconciled with his cash as shown by his analysis of balance with his account current. — A. R. 630, 1908. Note.— Chief paymasters should be furnished with a copy of the account current. 825. Paymasters having cash on hand at the close of business on the last day of a period for which an account is rendered, whenever feasible, should have a disinterested 120 PUBLIC MONEY ACCOUNTS CUREENT. officer witness the count thereof, and have him certify on the account current to the fact of verification of the cash balance reported thereon. — Paragraphs :.>6 and S7, dr. 52, Treasury Department, 1907, see 14 Comp., 951. The attention of all disbursing officers under the War Department is, therefore, called to the requirements of the foregoing paragraphs of the aforesaid circular, with the injunction that they must be strictly adhered to, and all disbursing officers who retain cash in their hands at the time of rendering their accounts will f uinish a complete verification of the amount of cash, etc., so retained, as contemplated by the paragraphs above quoted. Whenever it is not feasible for a disbursing officer to comply with the foregoing requirements, he will so state in writing, giving the reasons, etc., and attach same to the account current to be rendered by him. In order that the certificate of verification may be uniform, it is directed that there be placed upon the face of the account current, by stamp or otherwise, the following certificate: This Is to certify that I have counted the cash and verified the net balances, excepting the depositary balance, as stated on this account current. [Name of witness.] [Rank, capacity, or otnclal designation ot witness.] —rir. 63, W. D., Oct. 2, 1909, amended by Cir. 19, W. D., 1910. 826. Accounts current will, in general, cover monthly periods only. They may, if necessary, be stated at intermediate dates when rendered to close accounts on renewal of bond, change of station, or taking advantage of leave of absence for more than ten days. In these cases the paymaster must make an actual transfer of his entire balance of public funds. If the transfer is by check, such check will be drawn to the order of the officer to whom the transfer is made, who will immediately forward the same for transfer to his credit. — P. M. G. 827. The account current will exhibit the receipts and expenditures for the period embraced and show the balance due the United States deposited in authorized deposi- tories on the date to which it is rendered, and such sums as the officer may have in his personal possession by special authority from the Secretary of War. The amounts received and disbursed, and the balances on hand, of the several appropriations of each fiscal year must be exhibited. In crediting drafts on the account current the number of the requisition, as indicated on each draft, will be carefully noted on the credit entry. The amounts shown by the account current as deposited in the deposi- tories in which the paymaster's credits are kept should exactly agree with the balance in such depositories, as shown by the check books. If the two balances are not iden- tical, the error should be at once corrected. — P. M. G. 828. ' ' Every account current should show the paymaster charged and credited with the amount of all collections made during the time covered by the account current, and during such time only. The date of the deposit of the collections is not material, and may, if circumstances require it, be subsequent to the period for which the account current is rendered . If a paymaster is in the field at the end of a month, the fact that he can not, on that particular day, deposit the collections for the month need not prevent rendition of the required account current. He can, under such circumstances, draw his check on the last day of the month for the amount of the collections and for- ward it at once for deposit, or retain it therefor until his return to his station. This will in no wise affect the agreement which should subsist between his cash and check books and his returns." — Cir. tl9, P. M. G. 0., Jan. 5, 1900. 829. "Account-current vouchers should be numbered and folded separately, and not pasted, piimed, or in any way fastened to the account current." — Cir. $66, P. M. G. 0., May n, 1902. PUBLIC MONEY. l2l CERTIFICATES OF DEPOSIT. 830. "Public moneys are transferred to the general Treasury by being deposited to the 'credit of the Treasurer of the United States,' either at the Treasurer's office, or at the office of one of the assistant treasurers, or at one of the designated depositories. All 'miscellaneous receipts on account of proceeds of Government property' (par. 622 A . R.) must be deposited; also, when required by chiefs of bureaus to which the funds pertain, the public moneys in the possession of or to the credit of disbursing officers or others. For each deposit made a 'certificate of deposit' in duplicate will be given, showing the full name, rank, regiment, or corps of the depositor, and to what appropriation or fund the amount belongs, the depositor giving the necessary information when making the deposit." — A. R., 615, 1908. 831. "The number, date, and amoimt of the certificate of deposit, together with the specific appropriation, if named, will be noted on the account-current upon which the depositor desires to be credited with the money deposited. Certificates of deposits will not be filed with accounts-current. Officers will state in such accounts dates of deposits and name and location of depository." — A. R., 619, 1908. 832. "The 'originals' of all certificates of deposit are required by law to be for- warded by the depositaries direct to the Secretary of the Treasury; the 'duplicates' are filed by the depositing officers with their retained papers * * *." — A. R., 616, 1908. 833. "Certificates of deposit must be recorded in the proper bureaus of the War Department. The 'originals,' upon their receipt at the Treasury, are immediately forwarded to the Secretary of War, who refers them to the proper bureaus to which the deposits pertain for verification and designation of the appropriation." — A. Ji., 620, 1908. LAWS PROTECTING. 831. "No officer in any branch of the public service, or any other person whose salary, pay, or emoluments are fixed by law or regulations, shall receive any addi- tional pay, extra allowance, or compensation in any form whatever for the disburse- ment of public money or any other service or duty whatsoever, unless the same shall be authorized by law and explicitly set out in the appropriation." — R. S., 1765. 835. " Every officer of the United States concerned in the disbursement of the revenues thereof, who carries on any trade or business in the funds or debts of the United States or of any State, or in any public property of either, shall be deemed guilty of a misdemeanor and punished by a fine of $3,000, and shall, upon conviction, be removed from office and forever thereafter be incapable of holding office under the United States."— iJ. S., 1788. 836. " All public ofiicers of whatsoever character are required to keep safely, without loaning, using, depositing in banks, or exchanging for other funds than as specially allowed by law, all the public money collected by them or otherwise at any time placed in their possession and custody, till the same is ordered by the proper de- partment or officer of the Government to be transferred or paid out; and when such orders for transfer or payment are received, faithfully and promptly to make the same as directed, and to do and perform all other duties as fiscal agents of the Government which may be imposed by any law or by any regulation of the Treasury Department made in conformity to law." — R. S., 3639. 837. "No exchange of funds shall be made by any disbursing officer or agent of the Government of any grade or denomination whatever or connected with any branch of the public service, other than exchange for gold, silver. United States notes, and national-bank notes; and every such disbursing oflBcer, when the means l^S PUBLIC MONEY — LAWS PROTECTING, for his disbursements are furnished lo him in gold, silver, United States notes, or national-bank notes, shall make his ]iayments in the moneys so furnished, or, when they are furnished to him in drafts, shall cause those drafts to bo presiMiled at their place of payment and properly paid according to law, and shall make his payments in the moneys so received for the drafts furnished, unless in either case he can excluniiie the means in his hands for gold and silver at par. .Vnd it shall be the duty of the head of the proper department immediately to suspend from duty any disbursing officer or agent who violates the provisions of this section, and forthwith to report the name of the officer or agent t) the President, with the fact of the violation and all the circumstances accompanying the same and within the knowledge of the Secretary, to the end that such officer or agent may be promptly removed from office or restored to his trust and the performance of his duties, as the President may deem just and proper." — if. S.. J6.51. 838. '• Xo officer of the United States shall, either directly or indirectly, sc^ll or dis- pose of to any psrsou, for a premium, any Treasury note, draft, warrant, or other public security not his private property, or sell or dispose of the avails or proceeds of such note, draft, warrant, or security in his hands for disbursement, without making return of such premium and accounting therefor by charging the same in his accounts to the credit of the United States, and any officer violating this section shall be forth- with dismissed from office." — R. S., 36.52. 839. "Every person having charge, possession, custody, or control of any money or other public property used or to be used in the military service, who, with intent to defraud the United States or willfully to conceal such money or other property, delivers, or causes to be delivered, to any person having authority to receive the same any amount of such money or other property less than that for which he received a certificate or took a receipt, shall be imprisoned at hard labor for not mom than five years, or fined not more than five thousand dollars." — R. S., S4SS, amended by act Mill/ .10, 1908, S.'i Stat., 555. 8 to. "Every officer charged with the payment of any of the appropriations made by act of Congress who pays to any clerk or other employee of the United States a sum less than that provided by law, and requires such employee to recei])t or give a voucher for an amount greater than that actually paid to and received by him, is guilty of embezzlement, and shall be fined in double the amount so withheld from any employee of the Government, and shall be imprisoned at hard labor for the term of two years."— /?. S., .5i8.L 841. "Every disbursing officer of the United States who deposits any money intrusted to him in any place or in any manner, except as authorized by law, or con- verts to his own use in any way whatever, or loans with or without interest, or for any purpose not prescribed by law withdraws from the Treasurer or any assistant treasurer or any authorized depo.-iitary, or for any purpose not prescribed by law transfers or applies any portion of the public money intrusted to him, is, in every such act, deemed guilty of an embezzlement of the money so deposited, converted, loaned, withdrawn, transferred, or applied; and shall be punished by imprisonment with hard labor for a term not less than one year nor more than ten years, or by a fine of not more than the amount embezzled or less than one thousand dollars, or by both such fine and imprisonment." — R. S., 5488. 842. "Every officer or other person charged by any act of Congress with the safe- keeping of the public moneys, who fails to safely keep the same, without loaning, using, converting to his own use, depositing in banks, or exchanging tor other funds, except as specially allowed by law, shall be guilty of embezzlement of the amount so loaned, used, converted, deposited, or exchanged ; and shall be imprisoned not less than six months nor more than ten years, and fined in a sum equal to the amount so embezzled."— iJ. S., 5490. PUBLIC MONEY — LAWS PROTECTING. ] 23 843. "Every person whd, having moneys of the United States in his hands or possession, fails to make deposit of the same with the Treasurer or some HHwistant treasurer, or some public depositary of the United States, when required t- Department on the same subject, does so at his own risk. "— To/. J, Digest 2d Comp., 444, Apr. 16, 1884. 865. If the regulations of the army and instructions of the War Department are such that an officer can fraudulently draw his pay more than once for the same service, the paymasters who acted in good faith on such authority were without responsibility for the loss.— C/. Ch., Nov. 5, 1888, P. M. G. 0., B .Sill, {('rise Maj. Wm. Smith.) 866. A disbursing officer is entitled to credit for proper payment to an enlisted man who had fraudulently enlisted, where payment was made without knowledge of the fraud and prior to the rescission of the contract by the Government. — 11 Comp., 710, May 31, 1905. {Cn.ie Nary Department.) 867. An art takes effect on the date of its approval, and payments made in contra- vention of that act can not be credited to a disbursing officer in the settlement of his accounts, although he was serving at a distant point where he could have no knowledge of the act. — Com/)., Aug. 29, 1902, Cir. 44, A. G. 0., 190$. VOUCHEBS. 868. A voucher will not be made in duplicate or in triplicate unless the instructions on the proper blank require it, in which case the original only will be certified. — A. R., 635, 1908. 869. "Original vouchers will, if possible, accompany the accounts; copies will not be accepted unless duly certified and accompanied by satisfactory evidence of the loss or destruction of the originals, or that their retention is indispensable to the perform- ance of duty by an officer.'' — A. R., 6J2, 1908. 870. A voucher for funds disbursed will be made out in full before being certified by a public creditor. If paid with check no receipt will be required, but if paid with cash one receipt will be obtained. — A. R., 642, 1908. 871. The form of the signature to the certificate, and to the receipt when required, and the name of the person or business firm as entered at the head of an account must be literally alike.— ^. R., 650, 1908. When a signature is not written by the hand of the party it must be witnessed by a disinterested party, a commissioned officer, when practicable. — A. R., 651, 1908. 872. A voucher for a payment made or an invoice for money transferred will have noted thereon the number, date, and amount of checks given and the depositary on PUBLIC MONEY VOUCHERS. 127 which drawn. If payment or transfer is made with currency, wholly or in part, the facts will be stated and a receipt given lor the currency. — A. R., 644, 1908. See 14 Comp., 382, Dec. 27, 1907. 873. "Money amounts will be expressed in terms of dollars and cents. When a fraction of a cent less than one-half occurs in the footing of a voucher it will be dis- regarded. If the fraction be one-half or greater it will be reckoned as a cent. " — A. R., 639, 1908. 874. "In final sta^tements, receipts for money, and papers of like character, money amounts will, in all cases, be written out in full and also expressed by figures in parentheses. This requirement does not apply to pay rolls of military organizations and pay rolls of other descriptions." — A. R., 652, 1908. 875. "The correctness of the facts stated on a voucher and the justness of the account must be certified by an officer." — A. R., 636, 1908. Disbursing officers can not certify to true copies of papers filed in support of vouchers they are to settle.— ^m*., Oct. 2S, 1903, Cir., 25, W. D., 1903. 876. "When an account is presented by an individual who is not known to the disbursing officer, the latter will require him to be identified. " — A. R., 649, 1908. 877. It is not the duty of paymasters or their clerks to write out the vouchers upon which officers demand payment. Especially is it not their duty to make copies of orders upon which payments are leased and which are necessary to sustain the vouchers.— P. M. G., Sept. 27, 1870, 7168. 878. Vouchers should be numbered consecutively throughout the entire year, beginning a new series on the 1st of each January. — Cir., 132, P. M. G. 0., Nov. 20, 1885. 879. "The voucher number should be plainly stamped or written in every case. The paymaster's name should be stamped or written at the top of each folded voucher above the brief and also at the head of the first column of receipts in the pay roll. Vouchers (including rolls) should be properly folded with the necessary papers securely attached, but not pasted thereto, so that they may be readily opened for examination and record, as well as to secure a more regular package for the mail and for the files of the Paymaster-General's and the Auditor's office." — Cir. 266, P. M. G. 0., May 12, 1902. Note. — The same instructions, so far as pertinent, apply to retained vouctiers. RETIRED ENLISTED MEN. 880. "When an enlisted man shall have served thirty years either in the Army, Navy, or Marine Corps, or in all, he shall, upon making application to the President, be placed upon the retired list, with 75 % of the pay and allowances he may then be in receipt of, and that said allowances shall be as follows: $9.50 per month in lieu of rations and clothing and $6.25 per month in lieu of quarters, fuel, and light: Pro- vided, That in computing the necessary thirty years' time all service in the Army, Navy, and Marine Corps shall be credited."— ^c< Mar. 2, 1907, 34 Stat., 1217; G. 0., 68, 1907. See also act Feb. 14, 1885, 23 Stat., 305; G. 0., 18, 1885, and act Mar. 16, 1896, 29 Stat., 62; G. 0., 12, 1896. See A. R., 133, 1908. Enlisted men are entitled to active pay to include date of retirement. — Cir. 148, P. M. G. 0., Jan. 13, 1891. 881. "All enlisted men on the retired list after March 2, 1907, whether placed there before or after the passage of said act, are entitled to the allowances provided by it, (viz; $15.75 per month) and no other." — 13 Comp., 770, May 7, 1907. See A. R., 136, 1908. The act of March 2, 1907, is not retroactive and men retired prior to that date are not entitled to quarters, fuel, and light in kind, nor to commutation therefor, until the date of the approval of the act.— 14 Comp., 196, Oct. 8, 1907. 128 882. RETIRED ENLISTED MEN. Rates of monthly pay to retired men. Rank and arm of service. CORPS, REGIMENT, B.\TTALION. Master signal electrician Master electrician— Coast Artillery Engineer — Coast Artillery Firet-class electrician-sergeant— Coast .V rt illpry Battalion sergeant-major, quartermaster-sergeant — Engineers Regimental sergeant-major, quartermaster-sergeant, commissary-sergeant — Field Artillery, Cavalry, Infantry Senior sergeant-major— Coast Artillery Battalion sergeant-major — Field Artillery, Cavalry, Infantry Battalion quartermaster-sergeant— Field Artillery Junior sergeant-major— Coast Artillery Master gtmner— Coast Artillery Second-class electrician sergeant— ('oa.si Artillery Color sergeant— Field Artillery, ravalr\'. Infantry Fireman— Coast Artillery Retired with pay of— 2d enlist- ment period. BATTERY, TROOP, COMPANY. Sergeant, first class— Signal Corps First sergeant— Artillery, Cavalry, Infantry, Engi- Sergeant— Engineers, Ordnance, Signal Corps Quartermaster-sergeant- Engineers Sergeant— Artillery, Cavalry, Infantry Quartermaster-sergeant- Artillery, Cavalry, Infantry. Stable sergeant— Field Artillery Cook- Horseshoer- Cavalry, Field Artillery Corporal— Engineers, Ordnance, Signal Corps Mechanic— Coast Artillery Chief mechanic— Field Artillery Corporal— Artillery, Cavalry, Infantry Artificer — Infantry Mechanic— Field Artillery Farrier, farrier and blacksmith, saddler, and wagoner — Cavalry Private, first class— Engineers, Ordnance, Signal Corps Trumpeter— Cavalry Mnsician — .\rtillery. Infantry, Engineers Private — Artillery, Cavalry, Infantry, Signal Corps Private, second class— Engineers, Ordnance }m9.26 51.75 36.75 33.00 ;!(). 00 24. 75 30.75 30.00 24.75 18.00 15.75 13.50 BAJfDS— ARTILLERY, CAVALRY, INFANTRY, ENRINEERS, Chief musician Chief trumpeter— .\rtillery. Cavalry 1 Principal musician / Sergeant Drum major Cook Corporal Private^ POST NONCOMMISSIONED STAFF. Ordnance sergeant Commissary sergeant Quartermaster sergeant HOSPITAL CORPS. Sergeant, first class.. Sergeant Corporal Private, first class. . . Private BAND, Mn.ITARY ACADEMY. Band sergeant and assistant leader Musician, first class Musician, second classs : Musician, third classs 50,25 33.00 24.75 20.25 36.75 40.50 24.75 20.25 15.75 14.25 59.25 36.75 30.00 24.75 3d , 4th enlist- I enlist- ment I uttut period, j period. $62. ■2,', 54.75 39.75 36.00 33.00 27.00 39.75 33.00 27.00 20.25 18.00 15.75 62.25 36.00 27.00 22.50 39.75 43.50 27.00 22. .50 18.00 16.50 62.25 39.75 33.00 27.00 $65.25 57.76 36.00 29.25 42.75 36.00 29.25 22.50 20.25 16.50 66.26 39.00 29.25 24.75 46.60 29.26 24.75 20.26 17.25 66.25 42.76 36.00 29. 26 6th enlist- ment period. 6th enlist- ment period. $68.25 $71. 26 60.75 63.75 45.75 48.76 42.00 45.00 39.00 42.00 31.50 33.75 46.76 48.75 39.00 42.00 31.60 33.75 27.00 29.25 24.76 27.00 22.60 24.76 17.25 18.00 68.25 71.26 42.00 45.00 39.00 42.00 31.50 33.76 27.00 29.26 45.75 48.75 49.60 31.50 27.00 22.60 18.00 52.60 33.75 29.25 24.75 18.75 ! 68.25 45.75 .39.00 31.50 71.26 48.76 42.00 33.75 7th L'nilst- ment period. $74.25 60. 75 61.75 48.00 45.00 36.00 51.75 46.00 30.00 29.25 27.00 18.75 74.25 48.00 46.00 36.00 31.60 61.75 56.50 36.00 31.50 27.00 19.50 74.25 61.75 46.00 36.00 a Privates of bands retired prior to March 2, line,- ;-5 Comp., m, Oct. 31, 1908. 9, arc only entitled to the pay of retired privates of the BETIBED ENLISTED MEIT. 129 883. War service with the Army in the field or in the Navy or Marine Corps in active service, either as volunteer or regular, during war of rebellion, shall be com- puted as double time in computing time for retirement. — Act Sept. 30, 1890, 26 Stat., 604; G. 0., 121, 1890. "Hereafter in computing time for retirement, credit shall be given the soldier for double the time of his actual service in Porto Rico, Cuba, or the Philippine Islands. "— Act May 26, 1900, 31 Stat., 209; G. 0., 76, 1900. Or China in computing time after. — Act Mar. 2, 1903, 32 Stat., 933; G. 0., 24, A.G. 0., 1903. Or the island of Guam, Alaska, and Panama in computing time after April 23, 1904, "but double credit shall not be given for service hereafter rendered in Porto Eico." — Act Apr. 23, 1904, 33 Stat., 264; G. 0., 76, 1904. See A. R., 133, 1908. 884:. Enlisted men who served as commissioned officers, U. S. Volunteers, organ- ized in 1898 and 1899, or in the Porto Rico regiment or Philippine scouts on or before March 2, 1903, shall have such service counted as if it had been rendered as enlisted men, when computing service for retirement. — Act Mar. 2, 1903, 32 Stat., 934; G. 0., 24, A. G. 0., 1903. The above made applicable to all service as commissioned officers with Philippine scoMts.—Act June 12, 1906, 34 Stat., 248; G. 0., 115, 1906. 885. An enlisted man is entitled, on retirement, to subsistence in kind or commu- tation thereof at the rate of $1.50 per day, for time necessary for him to travel from the place of retirement to his home, and no deduction therefor shall be made from hia monthly allowance of $9.50 provided for by the act of March 16, 1906; but he is not entitled to such subsistence, or commutation thereof, prior to his departure from the place where he received his retirement orders, and any subsistence furnished him after his retirement but prior to his assuming the status of a traveler should be deducted from said monthly allowance of .$9.50, the deduction to be computed at the actual value of the duty ration. — 11 Comp., 362, Jan. 17, 1905. Note.— Paragraph 1223, Army Regulations, fixes the valueof a garrison or field ration at 25 cents each. 886. Enlisted men are not entitled to travel allowances on retirement, as they are not discharged but simply transferred from the active to the retired list. They are entitled to transportation in kind to their homes. — Vol. S, Digest 2d Comp., 874 Aug. 9, 1888. 887. Upon receipt of the order for retirement, the soldier's immediate command- ing officer will furnish him with final statements, closing his accounts of pay, deposits, and all allowances other than those of travel, as of the date of the receipt of the order; he will forward to The Adjutant-General of the Army a descriptive list (in duplicate), noting thereon the fact that final statements have been given, the reenlistment or the continuous-service pay per month for which the soldier was last mustered, and his post-office address for the next thirty days. The descriptive list will bear the soldier's signature, or, if he can not write, a statement to that effect. The final statements and descriptive lists must state the date to which subsistence has been furnished, also whether subsistence while traveling home has been furnished, and, if so, for what dates. A discharge certificate will not be given, but the soldier will be dropped from the rolls of his command with appropriate explanatory remarks. The Pay Department will be notified and furnished with the soldier's signature, as in case of discharge.— .4. R., 134, 1908. 888. The Adjutant-General of the Army will furnish a descriptive list to each retired enlisted man, who will forward it to the chief paymaster of the department in which he may be residing. The paymaster will note all payments on the descriptive list.— .4. R., 137, 1908. 54748°— 10 9 130 BETIHED ENLISTED MEN. 889. Retired enlisted men are not entitled to the 20% increase of pay given to enlisted men in time of war; nor to any additional increase for length of service, as they do not "remain continuously in the Army" within the intent of Revised Stat- utes 1284.— 59 Ct. Cls., 178, Jan. 18, 1904. See also 6 Comp., ISi, Sept. 2, 1899; 8 Comp., 706, Apr. 11, 1902. 890. "In computing 75 per centum of the pay that enlisted men may, when placed on the retired list 'then be in receipt of certain amounts in addition to their pay for special ratings such as expert riflemen, sharpshooters, marksmen, casemate electricians, observers, plotters, planters, loaders, gun commandere, gun pointers, gunners, the 20 per cent increase for foreign service, and the extra-duty pay should not be included."— i5 Comp., 769, May 7, 1907. 891. Enlisted men retired prior to the passage of the act of May 11, 1908, are entitled to three-fourths of the pay of the rank upon which they were retired and when the pay of such rank was changed it changed their pay accordingly. Their time of service on the active list prior to their retirement should be counted in the same manner as is provided in said act for counting the past services of men on the active list at the time of the passage of said &ct.— 14 Comp., 914, June 26, 1908; Cir. 56, W. D., 1908. 892. Hospital Corps privates retired prior to March 2, 1903, are entitled to retired pay of first-class privates after that date.— Comp., May SO, 190S; Cir. S2, A. G. 0., 1903. 893. A retired enlisted man, an inmate of the Government Hospital for the Insane, is not subject to deduction from his retired pay or allowances because of subsistence furnished him while such inmate. — 11 Comp., S67, Jan. 19, 1905. (Case Marine Corps.) 894. A retired enlisted man serving either as an officer or enlisted man of volun- teers is not entitled to receive both compensations, — See 16 Comp., 87. RETIRED OFFICERS. 895. "When an officer has been thirty years in service, he may, upon his own application, in the discretion of the President, be retired." — R. S., 124S. "When an officer has served forty years either as an officer or soldier in the regular or volunteer service, or both, he shall, if he make application therefor to the Presi- dent, be retired from active service and placed on the retired list, and when an officer is 64 years of age he shall be retired from active service and placed on the retired list."— ^cJ June 30, 1882, 22 Stat., 118; G. 0., 72, 1882. "When an officer has served forty-five years as a commissioned officer, or is 62 years old, he may be retired from active service at the discretion of the President." — R. S., 1244. "Service as a cadet at the Military Academy should be included in computing the thirty years' service on which ^n officer may be retired." — Cir. 10, A. G. 0., 1895. But Naval Academy cadet service can not be counted. — /. A. 0., Nov. 11, 1907, P. M. G. 0., 68127. "When an officer has become incapable of performing the duties of his office, he shall be either retired from active service, or wholly retired from the service, by the Presi- dent, as hereinafter provided." — R. S., 1245. That any officer of the Medical Reserve Corps who shall have reached the age of seventy years, and whose total active service in the Army of the United States, regular or volunteer, as such officer, and as contract or acting assistant surgeon, and as an enlisted man in the war of the rebellion, shall equal forty years, may thereupon, in the discretion of the President, be placed upon the retired list of the army with the rank, pay, and allowances of a first lieutenant. — Act June 22, 1910; G. 0.] 126, W. D., 1910. See Manual, par. 298. 896. " Officers hereafter retired from active service shall be retired upon the actual rank held by them at the date pf retirement." — R. S., 1254, RETIRED OFFICERS. 131 " Officers retired from active service shall receive 75 per cent of the pay of the rank on which they were retired." — R. S., 1274. 897. "The pay of a retired officer should be computed on the basis of the pay of his actual rank, as determined by his commission, and not on the basis of a higher rate of pay which he may have been receiving just prior to his retirement." — 10 Comp., 500, Dec. 23, 1903. {Case Capt. Lemly.) 898. Officers on the retired list are a part of the Army (39 Ct. Cls., 178, Jan. 18, 1904) and are entitled to the increased pay which the law allows for every five years' service.— .?05 Sup. Ct., U4, G. 0., 40, 1882. [Case R. W. Tyler.) But "hereafter, except in case of officers retired on account of wounds received in battle, no officer now on the retired list shall be allowed or paid any further increase of longevity pay, and officers hereafter retired, except as herein provided, shall not be allowed or paid any further increase of longevity pay above that which had accrued at date of their retirement."— ^c< Mar. 2, 1903, 32 Slat., 9.S2; G. 0., 24, A. G. 0., 1903. In computing longevity pay a retired officer is not entitled to credit for time served on active duty after retirement. — 15 Comp., 235, Oct. 13, 1908{Case Navy Department.) 899. Pay of retired officers. Pay of grade (R. S., 1274.) Monthly pay (E.S., 1262, 1263, 1274.) Grade. Yearly. Monthly. After 5 years' service. After 10 years' service. After 16 years' service. After 20 years' service. $8,250.00 6,000.00 4,500.00 3,000.00 2, 626. 00 2,250.00 1,800.00 1,500.00 1,275.00 $687. 50 500. 00 375. 00 250. 00 218. 75 187. 60 160. 00 125. 00 106. 25 Colonel . . . - $275. 00 240. 62 208. 25 165.00 137. 50 116. 87 $300.00 262. 50 225. 00 180.00 160.00 127. 60 $312. 50 281. 26 243. 75 195. 00 162. 60 138. 12 $312. 50 281.26 Major 250.00 210. 00 175. 00 148. 75 900. "An officer placed upon the retired list will receive active pay to include the date of retirement, and the pay of a retired officer thereafter. If on duty, he will receive active pay to include the date of receipt by him of notice of his retire- ment."—^. R., 1283, 1908. 901. If an officer, through an exigency of the service, is actually held to active service by competent authority after the time when he should be retired, he is entitled to active service pay for such time. — 9 Comp., 20, July, 25, 1902. {Case Major Jones.) 902. Where an officer is retired on the day he accepts an appointment to a higher grade, he is entitled to the full pay of the higher grade for one day. — P. M. G., Feb. 17, 1903, 36028. 903. Should an officer fail in his physical examination for promotion by reason of disability contracted in line of duty, he shall be retired with the rank to which his seniority entitled him to be promoted.— .4c« Oct. 1, 1890, 26 Stat., 562 {G. 0. 116, 1890), and act Apr. 23, 1908, 35 Stat., 67 {G. 0., 67, 1908). A major of the Medical Corps not found disqualified for promotion by reason of physical disability incurred in line of duty, but found disqualified for any other reason, shall be retired without promotion.— ^c< Mar. 3, 1909, 35 Stat., 737; G. 0. 49, 1909. And is entitled to active pay of lower grade only to time he receives notice of his retirement.— Comp., July 12, 1901, P M. G. 0., 15327. {Case Lt. McClure.) 904. An officer "examined for promotion and found disqualified, and who was subsequently ordered retired, to date bach from the occurring of the vacancy to which 132 BETIKED OFFICEHS. he would have been promoted had he been found qualified, is entitled to active duty pay of the lower grade until the receipt by him of the notice of his retirement. ' ' — Ig Camp., 628, Apr. 12, 1906. (Case Marine Corps.) 905. "Any officer of the Army below the grade of brigadier-general who served with credit as an officer or as an enlisted man in the regular or volunteer forces during the civil war prior to April 9, 1865, otherwise than as a cadet, and whose name is borne on the official register of the Army, and who has heretofore been, or may here- after be, retired on account of wounds or disability incident to the service or on account of age or after forty years' service, may, in the discretion of the President, by and with the advice and consent of the Senate, be placed on the retired list of the Army with the rank and retired pay of one grade above that actually held by him at the time of retirement: Provided, That this act shall not apply to any officer who received an advance of grade since the date of his retirement or who has been restored to the Army and placed on the retired list by virtue of the pi-ovisions of a special act of Congress."— ^c« Apr. 25, 1904, SS Stat., 264; G. 0., 76, 1904- When a retired officer who has been advanced one grade is detailed to duty with an educational institution under the act of November 3, 1893, or assigned to active duty under the act of April 23, 1904, he is entitled to the full pay and allowances of the grade to which advanced, subject to the limitations imposed in the acts of March 2, 1905, June 12, 1906, and March 3, 1909.— Comp., May IS, 1910, P. M. G. 0., 81947- See Manual, pars. 911 and 918. 906. "Any officer now holding appointment in any corps or department who shall hereafter serve as chief of a staff corps or department and shall subsequently be retired, shall be retired with the rank, pay, and allowances authorized by law for the retirement of such corps or department chief." — Act Feb. 2, 1901, 31 Stat., 755, G. 0., 9, 1901. 907. No person who holds an office, the salary attached to which amounts to $2,500, shall be appointed to or hold any other office to which compensation is attached unless specially authorized by law; "but this shall not apply to retired officers of the Army or Navy whenever they may be elected to public office or whenever the President shall appoint them to office by and with the advice and consent of the Senate."— ^c« July SI, 1894, 28 Stat., 205; G. 0., 36, 1894. 908. An officer retired with the rank and pay of one grade above that held by him at the time of his retirement is entitled to the increase from the date he was actually placed on the retired list, and neither requires an acceptance nor permits of a declina- tion.— 7i Comp., 448, Feb. 14, 1905. (Case Capt. Morse.) The pay of the new grade attaches from the date of the rank as fixed in orders (P. M. G., Jan. 2, 1906, 32059), but can not be paid until after confirmation. — Comp., May 28, 1904, P. M. G. 0., 48328. 909. A retired officer whose salary is less than $2,500, who is serving as a contract surgeon, may be paid both salaries.— Comp., Mar. 20, 1903, P. M. G. 0., 36940. (Case Major Swift.) A retired officer whose salary is less than $2,500 may hold an office the compensation of which consists of fees, even should they amount to more than $2,500. — 11 Comp., 236, Nov. 28, 1904. (Case Major Sladen.) "An assistant general treasurer and inspector-general of a National Home for Dis- abled Volunteer Soldiers is not an officer of the United States within the meaning of the act of July 31, 1894," and a retired officer receiving compensation of $2,500 per annum is not debarred from holding that office. — 8 Comp., 443, Jan. 11, 1902. (Case Major Harris.) 910. "A retired officer will be paid in the department in which he resides unless he shall, for special reasons, desire to be paid elsewhere, when he will obtain the authority of the Paymaster-General for such payments."— 4. R., 1276, 1908. EETIEED OFFICEKS. 133 ACTIVE DUTY. 911. "In time of war retired officers may, in the discretion o{ the President, be employed on active duty, other than in command of troops."— ^ci Mar. %, 1899, 30 Stat., 979; G. 0., 36, 1899. The Secretary of War may assign retired officers, with their consent, to active duty in recruiting, for service with the militia upon the request of the governor, as military attaches, upon courts-martial, courts of inquiry, and boards, and to staff duties not involving service with troops; and such officers while so assigned shall receive the full a pay and allowances of their respective grades. — Act Apr. 23, 1904, 33 Stat., 264; O. 0., 76, 1904- 912. If the Secretary of War decides that a retired officer detailed to inspect militia as provided in section 14, act January 21, 1903 (32 Stat., 777), is assigned "to staff duties not involving service with troops;" and if he specially assigns any such officer to such duty, said officer is entitled to active duty pay. — 14 Comp., 628, Mar. 27, 1908, P. M. 0. 0., 66690. 913. There is no law or regulation prohibiting a retired officer who has been detailed for active duty with the militia from accepting additional compensation from the State.—/. A. G., Aug. 11, 1905. But the status of a retired officer on active duty who is holding a State commis- sion and serving with the militia at an encampment is analogous to that of an officer on the active list, and as such he can not receive compensation from the funds allotted to the State by the United States under the act of January 21, 1903. — P. M. G., Oct. 8, 1904, 47090. 914. The President may detail as adjutant-general of the District of Columbia militia any retired officer who may be nominated by the brigadier-general of said militia.— Aci June 6, 1900, 31 Stat., 671; G. 0., 86, 1900. Note.— For pay of said ofHcer, see paragraph 911, Manual. 915. Retired officers detailed to active duty are entitled to the increased pay from the date of receipt of the order. — See paragraph 919, Manual. But if the detail is effective at a future date active pay begins with the date on which the officer starts to obey the order.— P. M. G., Mar. 15, 1905, 49597. Active pay ceases on date of actual relief from detail.- The travel home is per- formed after termination of active duty. — P. M. G., July 5, 1907, 62591. See also dr. 46, W.D., 1905. 916. A retired officer granted a leave of absence while on active duty "is in the leave status of an officer on the active list." — 11 Comp., 376, Jan. 25, 1905. {Case Navy Department.) 917. Not to exceed one hundred officers of the Army may be detailed as president, superintendent, or professors of colleges for periods not exceeding four years; and retired officers may, on their own application, be detailed to such duty, and "when BO detailed, shall receive the full pay and allowances of their rank, except that the limitations on the pay of officers of the Army above the grade of major as provided in the acts of March second, nineteen hundred and five, and June twelfth, nineteen hundred and six, shall remain in force." — Act Mar. 3, 1909, 35 Stat., 738, amending Act Nov. 3, 1893, 28 Stat., 7, andR. 8. 1225; G. 0., 49, 1909. Note. — For tetructions regarding details to colleges, see General Orders, War Department. 918. The provisions of the act of March 3, 1909 (35 Stat., 738), continue in force only the limitations as to pay contained in the acts approved March 2, 1905, and June 12, a But "retired officers ^bove ttie grade of major assigned to active duty siiall receive their full retired pay, and shall receive no further pay or aUowances from the United States," except mileage vmder para- graph 923, Manual (act Mar. 2, 1905, 33 Stat., 831; G. O., 40, 1905); provided, " that a colonel or lieutenant- colonel assigned to active duty shall receive the same pay and allowances as a retired major would receive under a hke assignment."— .4c« June U, 1906, S4 Stat., Si£; G. 0., llS, 1906. 134 KETIEED OFFICEKS — ACTIVE DUTY. 1906. The restriction does ntt apply to allowances and a colonel or lieutenant-colonel when detailed on duty at an educational institution, under the provisions of the act of November 3, 1893, as amended by the act of March 3, 1909, is entitled to the full allowances of his rank.— 76 Comp., 192, Sept. SO, 1909. 919. A retired officer detailed to duty at an educational institution under the act of November 3, 1893, to relieve another officer on duty thereat, is entitled to full pay and allowances, as indicated in paragraphs 917 and 918, from and including the day after the day upon which he reported and relieved his predece.'^sor, and the retired officer relieved from such duty is entitled to the full pay and allowances authorized by law to include the date his relief actually became effective. — Comp., May 19, 1910, P. M. G. 0., S<:9.13. But if detailed to duty at an educational institution where there is no officer on duty, and the order does not specify a date upon which the detail is to take effect, the author- ized full pay accrues from and including the date the notice of the detail was received . — 8 Comp., 50, July 25, 1901; Cir. 29, A. G. 0., 1901. 920. In addition to the 100 officers provided for in the act of November 3, 1893, retired offioeri^ and noncommissioned officers who are willing to accept a detail without compensation from the (iovernment other than their retired pay, may be detailed as instructors in military drill and tactics at schools where the services of such instructors shall have been applied for by the educational authorities thereof, providing the school will pay the co.'it of commutation of quarters and the extra-duty pay to which they may be entitled by law for the performance of special duty. — Act Apr. 21, 1904, 33 Stat., 225, am,endmg R. S., 1225; G. 0., 76, 1904. 921 . "A retired officer may, on his own application, be detailed to serve ae professor in any college, but while so serving such officer shall be allowed no additional compen- sation."— .R. S., 1260. Upon the application of a college the President may detail a retired officer to act as president, superintendent, or professor, "and such officer may receive from the insti- tution to which he may be detailed the difference between his retired and full pay and shall not receive any additional pay or allowances from the United States. " — Act May 4, 1880, 21 Stat., 113; G. 0., 38, 1880. The act of November 3, 1893, shall not be construed to allow the full pay of their rank- to retired officers detailed under section 1260, Revised Statutes, and the act of May 4, 1880.— ^ci Aug. 6, 1894, 28 Stat., 235; G. 0., 32, 1894. 922. The officers of the Soldiers' Home (governor, deputy governor, and secretary, who shall act as treasurer) shall be taken from the Army. — R. 8., 4816. Retired officers may be assigned to duty at the Soldiers' Home, provided they receive from the Government only the pay and emoluments allowed by law to retired officers. — R. S., 1259. But they may receive supplies from the Home, and the treasurer may receive a salary from the funds of the Home. — XX Opin. Alt. Gen., 350. MILEAGE. 923. Hereafter "retired officers, when traveling under competent orders without troops, shall be " entitled to the same mileage as are active officers. — Act June 12, 1906, 34 Stat., 246; G. 0., 115, 1906. 924. Officers may select their pkce of residence when retired. — Sup. Ct., G.O., 44, 1877. A retired officer relieved from a detail of active duty and ordered to his home may select his home, as in the case of retirement, and the fact that he did not notify the War Department of the abandonment of his prior home does not affect his right to mile- age.— 73 Comp., 793, May 14, 1907. {Case Maj.Vogdes.) KETIRED OrriCEKS — MILEAGE. 135 925. To entitle an officer to mileage to his home on retirement the travel must be directed in orders and performed within a, reasonable time. — 4 Comp., 175, Oct. 12, 1897. {Case Major Wheeler.) The order for travel is usually given at time of retirement, but there is no law or regulation which makes this a prerequisite to the payment of mileage. — Comp., June 18, 1908. {Navy Department case. Memoranda circular, No. 88, Bureau Supplies and Accounts.) 926. If on account of illness, an officer is unable to make the journey within a reasonable time, claim should be presented to the Auditor with evidence and argument for his consideration.— Comp., Oct. 18, 1902, P. M. G. 0., SS515. 927. A limit of one year from date of retirement is fixed during which the allow- ance of baggage, etc., may be transported at public expense to the homes of retired officers.— ft>. 63, W. D., 1905. "Having failed to perform the journey within one year after retirement, he is not considered to have performed the journey within a reasonable time and is therefore not entitled to mileage." — Auditor, July 10, 1906, affirmed by Comptroller, IS Comp., 112, Aug. 15, 1906. {Case Gen. Girard.) WHOLLY RETIRED. 928. "Officers wholly retired from the service shall be entitled to receive, upon their retirement, one year's pay * * * of the highest rank held by them, whether by staff or regimental commission, at the time of their retirement. " — R. S., 1275. Neither commutation of quarters nor foreign service increase is included in the year's pay allowed by law.— 7 Comp., 598, Apr. S, 1901; 8 Comp., 737, Apr. 21, 1902. Note.— Certificates of nonindebtedness are required from officers wholly retired.— See A. B., 1B81, 1908. 929. An officer wholly retired is entitled to active pay to include date of receipt of Older.— Auditor, Oct. 2, 1903, P. M. G. 0., 284S0. 930. An officer wholly retired is not entitled to travel pay. — P. M. G., Dec. 17, 1886,563 B, 1886. 931. The one year's pay due an officer wholly retired, who dies before payment is made, becomes an asset of his estate and is payable by the Auditor to his legal representative. — 7 Comp., 404, Feb. 7, 1901. {Case Surgeon Munday.) STOPPAGES, ENLISTED MEN. 932. "Stoppage of pay against a soldier is unauthorized, unless it is made in exe- cution of the sentence of a court-martial, or in pursuance of a statute, or in conformity to the regulations of the Army, which have the force of law." — 16 Op. Att. Gen., 477/ 13 Comp., 411,J>ec. 19, 1906. 933. The proper authorities have the undoubted right to stop from the pay earned by a soldier in a new enlistment such sums as may be necessary to reimburse the United States for his indebtedness in a prior enlistment. — See par. 2376, Digest opinions, J. A. G., ed. 1901. 934. "Both deposits and interest will be forfeited by desertion, but forfeiture of them can not be imposed by sentence of a couit-martial. They are exempt from liability to meet a sentence of a court-martial imposing forfeiture of pay or allow- ances, and from liability for the soldier's private debts. Deposits and interest are not exempt from liability for debts due to the United States or to individuals, within the meaning of paragraph 1390" (Army Regulations). — Par. 1387, A. R., 1908, as amended by G. 0., 152, W. D., 1910. Comp., Mar. 2, 1910 {United States Navy case), and June 15, 1910 {casePrivate Schaunbach, 5th F. A.); also Comp. Aug. 2, 1910, U. S. Navy case; Cir. 52, W. D., 1910. 136 STOPPAGES, ENLISTED MEN. 936. Stoppages entered against enlisted men should show the bureau to which the collection is to be credited, the articles embraced in the stoppage, and all necessary information to enable the auditing authorities to give the proper credits. The data required should be furnished by paymasters when requesting that charges be entered on the rolls agaiust enlisted men for overpayments by nondeduction of charges on roUs previously paid by them. — P. M. G. 936. Authorized stoppages wiU be entered on the pay rolls and dedutted at time of payment in the following order: 1. Reimbursements to the United States. 2. Reimbursements to individuals, as the paymaster or post exchange, for instance, 3. Forfeitures for desertion and fines. Articles of camp and garrison equipage must be charged on pay rolls as such, and other articles of quartermaster's stores or property must be enumerated and the price stated in the column of "Remarks," in order that the proper appropriation may be credited therewith.— .4. R., 1S90, as amended byG.0. 1S8, 1910. Note.— The post laandries mentioned in paragraph 348, Army Regulations, as amended by paragraph 1^ General Orders, No. 116, War Department, June 23, 1910, are established out of funds carried by the acts of appropriation for the support of the Army, and indebtedness to such laundries is an indebtedness to the United States. The post exchange is entitled to be paid Its indebtedness against a soldier because it is an individual within the meaning of the exemption contained in section 4818, Revised Statutes.— G. 0. ISS, 1910; J. A. O., June 7, 1910 (SSOIS, P. M. 0. 0.), and Comp., Mar. 16, 1907, dr. ««, War Department, 1907. Dues to the company tailor have precedence over those to the post excliange. — P. M. Q., Tfov. IS, 1906, Tel. File esse. 937. Paymasters will verify report of ordnance charges forwarded by organization commander with those noted on pay rolls or final statements, and forward report direct to the Chief of Ordnance, except in the Philippine Islands, where the reports will be sent through the office of the chief ordnance officer of the division. — G. 0., 59, 1907. 938. Sales of subsistence may be made on credit to officers and enlisted men who have not been regularly paid or who are in the field. — A. R., 1260, 1908. See R. S., 1145. The basis of subsistence charges on rolls will be fully shown, thus: "Credit sales, Subsistence Department;" "Refundment of commutation, Subsistence Army, 19 — ;" "Increased cost of rations. Subsistence Army, 19 — ." If the charge consists of more than one stoppage the amount of each must be shown. — Cir. 79, W. D., 1907. 939. "Whenever charges on account of subsistence appear on pay rolls, paymasters will stamp on Form 42, Subsistence Department, which accompanies the rolls, the word 'collected' opposite each amount collected, and the words 'not paid' opposite each amount not so collected, and after certifying to the correctness of these notations, will forward the Form 42 direct to the Commissary-General. (Paragraph 1267, Army Regulations.) When an amount due for credit sales of subsistence stores or other subsistence charge appears On final statements, the paymaster making the collection will forward direct to the Commissary-General a memorandum showing the name and organization of the enlisted man, the place where and the month and year in which the indebtedness was incurred, the nature of the charge, and the amount col- lected. This memorandum will be forwarded whether the collection pertains to the current fiscal year or otherwise." — G. 0., 11, 1906. 94:0. Whenever charges on account of transportation and subsistence, while travel- ing, appear on pay rolls, the number, date, and source of the order directing the same, together with the names of the officers furnishing the transportation and subsistence and the dates thereof and the points of travel involved, must in every instance be indicated in the column of "Remarks" in the following or similar manner: Due United States, transportation, Boston, Mass., to Omaha, Nebr., furnished by Capt. Doe, Q. M., April 1, 1892, on S. 0. 36, Department of the East, March 29, 1892, $26.78; also commutation of rations furnished by Capt. Roe, A. C. S., for three days (from April 1, inclusive), $4.50.— Cir. 15, A. G. 0., STOPPAGES, ENLISTED MEN. 137 941. "On the application of a soldier on furlough, made at a military station and showing clearly the urgency of his case, the department commander may order trans- portation and subsistence to- be furnished to enable him to rejoin his proper station, and the company commander will charge the cost thereof against the soldier's pay on the next muster and pay rolls, in accordance with paragraphs 1119 and 1254. The date of the application will be entered on the furlough." — A. R., 109, 1908. There is no law authorizing reimbursement of amounts expended by soldier while returning from furlough granted for his own convenience. — Comp., Nov. 21, 1902, P. M. G. 0., 32935. 942. Under the Rules and Articles of War it is made the duty of commanding officers to see reparation made to the party or parties injured from the pay of soldiers who are guilty of abuses or disorders committed against citizens. Upon proper repre- sentation by any citizen of wanton injury to his person or property, accompanied by satisfactory proof, the commanding officer of the troops will cause the damage to be assessed by a board of officers, the amounts stopped against the pay of the offenders, and reparation made to the injured party. This proceeding will be independent of any trial or sentence by court-martial for the criminal offense. — 54 -A.. W. Note.— To avoid delay and cost to parties injured, paymasters may turn over to them tlie amounts collected In their favor, taking receipt therefor at the foot of the roll, deducting the amount so turned over from the footing of the stoppage column and carrying the halance only of the stoppages to army paymasters' collections. If an injured party is not present, a check for the amount should be drawn to his order and held by the paymaster until delivery can be made. 943. "A soldier may, when necessary, be relieved from ordinary military duty to make, repair, or alter uniforms. The post council will fix the rates to be charged, which will not exceed the cost of doing such work at the clothing depot, and company commanders will cause to be deducted from the pay of enlisted men and turned over to the proper person the amount properly due therefor. The provisions of this para- graph will be construed to apply to civilian tailors, who conform to prices fixed by post council, as well as to enlisted men detailed for that duty by proper authority." — A. R., 27 j-, 1908. The charges of a tailor for the manufacture of civilian clothing is not an authorized stoppage to be entered on the pay rolls. — Sec. War, Feb. 16, 1909 (73856). 944. Post exchanges are established and maintained under special regulations issued by the War Department. The amount of indebtedness of a soldier to a post exchange contracted in accordance with such regulations will be noted on the muster and pay rolls for the next succeeding month and be deducted, if practicable, from his pay by the paymaster making the payment and turned over to the post exchange officer, who will duly receipt to the paymaster and the soldier for the amount so received. In case of discharge of a soldier the amount of any such indebtedness will be noted on the final statements, and in like manner be deducted from payment made thereon. — A. R., 352, 1908. It is the duty of a soldier who has been given credit at a post exchange, not exceeding in any month one-third of his monthly pay, "to pay the amount as soon as he receives his pay, and the exchange officer will be present at the place of payment to receive the money or make such arrangements as will facilitate the payment. Credit will not ordinarily be extended to a soldier between the date of last payment on rolls before discharge and the date of discharge. When the debt has remained unpaid one pay day on which the soldier was paid a balance sufficient to discharge such debt and no other means of collection is practicable, the exchange officer will notify the company or detachment commander, who will note the amount on the next pay rolls as 'Due Post Exchange , ' and on succeeding rolls until the debt has been collected. "—G. 0., 4, 1907. See also par. 936, Manual. Note.— Amounts due post exchange can not be deducted from travel pay in the settlement of final statements. 138 STOPPAGES, ENLISTED MEN. 945. It is not incumbent upon paymasters to determine whether amounts charged against soldiers on pay rolls or final statements tor post exchange indebtedness are in excess of the authorized limit of credit. — P. M. G. 0., 66S29. 946. When collection is made in favor of a post exchange at a distance, the pay- master will forward his check to the exchange oflBcer, indicating thereon that it is for payment of post exchange collections; if on pay roll the organization will be stated or if on final statement the name of soldier and organization will be given. The number of the check and the depositary on which drawn will be entered on the voucher.— P. M. 6., May 5, 1908, 4U6-S17. 947. Where the identity of the exchange in whose favor a collection has been made is not shown on the rolls or final statements and can not be ascertained by reasonable effort, the amount will be taken up on abstract of collections, note of explanation being made.— See P. M. G., May It, 1903, 37541. 948. Post laundries are established and maintained under special regulations issued by the War Department. The amount of indebtedness of a soldier to a post laundry contracted in accordance with such regulations will be noted on the pay rolls for the current month and on the muster rolls covering the period during which the indebtedness was contracted and will be deducted, if practicable, from his pay by the paymaster making the payment and turned over to the officer in charge of the laundry, who will duly receipt to the paymaster and the soldier for the amount so received. Where the soldier is detached the amount due the laundry will be noted on the detachment roll or descriptive list, and will be deducted by the paymaster at the next payment and forwarded to the officer in charge of the laundry in which the indebtedness was incurred. In case of the discharge of a soldier the amount of any such indebtedness will be noted on the final statements and will be similarly deducted from payment made thereon and transmitted to the officer in charge of the laundry. — A. R., 348, 1908. Amended by G. 0., lie, W. D., 1910. See also par. 9.16, Manual. Post laundries established by authority of the Secretary of War, and operated under regulations approved by him, may, in the discretion of the commanding officer, extend credit to the enlisted men of the command to an amount not to exceed $2 a month for each man. The amount of indebtedness of a soldier to the laundry will be charged against him on the pay rolls for the current month and on the muster rolls covering the period during which the indebtedness was contracted, as prescribed in paragraph 348, Army Regulations, as amended by paragraph I of this order. — G. 0., 116, W. D., 1910. A laundry established by private individuals at a military post, under revocable license issued by War Department, is not a post laundry within the meaning of Army Regulation.—/. A. G., Aug. 13, 1907, P. M. G. 0., 6^775. 949. Stoppages on pay rolls on account of dues to company fund should be limited to reimbursements for loss of money pertaining thereto, or for damages to property purchased therefrom when stoppage is directed by proper authority after responsi- bility is established.— See Cir. 6, W. D., 1904, and 0pp. J. A. G., Aug. 7, 1908, P. M. G. 0., 69759. The hospital fund is regarded as a company fund (A. R. 328) and is applicable generally to similar purposes, in the interest of enlisted men of the Hospital Corps, and of the sick under treatment and members of the Nurse Corps on duty in military hospitals (A. R. 1479).— G. 0., 106, W. D., 1910. 950. When collections on account of post exchanges, post laundries, or company funds are erroneously carried to abstract of collections and deposited, the amoimt should be deducted from a subsequent abstract (the reason therefor being noted) and turned over to the proper post exchange, post laundry, or company fund. — P. M. G.O., S7541. STOPPAGES, ENLISTED MEN. 139 FORFEITURES. 951. Regimental, garrison, and summary courts may award forfeiture of three months' pay or may reduce noncommissioned ofiiceis to ranks; but a summary court may not award forfeiture exceeding one month's pay unless soldier consents in writing, before trial, to trial by such court, and if soldier refuse to consent, the summary court shall not award forfeiture of more than one month's pay. — Act Mar. 2, 1901, 31 Stat., 951; G. 0., 27, 1901. "When a sentence of confinement or forfeiture is in excess of the legal limit, the part within the limit is legal and may be executed." — A. R., 977, 1908. See G. 0., 20 i, 1908, for legal limit of fines. 952. All stoppages and fines adjudged against soldiers by sentence of courts-martial over and above any amount that may be due for the reimbursement of the Govern- ment or individuals and all forfeitures on account of desertion are set apart and appro- priated for the support of the Soldiers' Home. — R. S., 4818. 953. Where a sentence forfeits all pay due, or to become due for a specified period, authorized stoppages in force at date of sentence have preference over the forfeiture to the extent and in the order contemplated by sections 1 and 2 of paragraph 936, Manual.— P. jV. 0., July 18, 1907, 62722. 954:. A soldier sentenced to imprisonment and loss of all pay, except a stipulated monthly sum for prison expenses, can not be paid any part of the monthly allowance until all indebtedness to the United States has been discharged. — 10 Comp., 702, Apr. 7, 1904. {Case Navy Department.) 955. "Notwithstanding a sentence contemplates payment of a stated sum to a soldier upon his release from confinement, it can not be made unless there is a suffi- cient balance to his credit after all authorized stoppages are deducted." — A. R., 987, 1908. 956. Where a sentence of dishonorable discharge, with forfeiture of all pay and allowances, provides that a certain amount shall be paid the soldier on release from confinement, the remission of the dishonorable discharge would not prohibit the payment of the amount on release from confinement, such amount having never been forfeited by the sentence; but if the sentence provided that the amount be paid on dishonorable discharge, the dishonorable discharge having been remitted, no pay- ment could be made. — IS Comp., 126, Sept. 10, 1908. 957. "When a, sentence imposes forfeiture of pay, or of a stated portion thereof, for a certain number of months, it stops for each of those months the amount stated. Thus 'Ten dollars of monthly pay for one year' would be a stoppage of $120. When the sentence is silent as to date of commencement of forfeiture of pay, the forfeiture will begin with the period for which pay has accrued since last payment. A for- feiture not limited by the sentence to any particular month or months or other space of time, but expressed simply as a forfeiture of so many months' pay, or of a certain amount of pay, is legally chargeable against the pay due and payable at the next payment, and the balance, if any, against pay accruing thereafter, until the for- feiture is fully satisfied, but the rate of forfeiture will be the rate of pay the soldier is entitled to receive at the date of the promulgation of the sentence." — A. R., 985, 1908. 958. All pay, including additional pay for reenliatment, certificate of merit, foreign service, gunner, expert rifleman, etc., is included in a forfeiture of "a month's pay " by sentence of court-martial, but extra-duty pay, not being a monthly rate, is not included within such forfeiture.— Comp., Aug. 10, 1908, P. M. G. 0., 690S6. 959. Should a court-martial sentence imposing a forfeiture of one or more ' ' months' pay '' also carry a reduction in grade, the rate of forfeiture is all of the monthly pay to which the soldier is entitled as of the grade to which reduced. — Comp., Aug. 26, 1907, P. M. G. 0., 60996. 140 STOPPAGES, ENLISTED MEN — FOBFEITUKES. 960. The word "pay" in the laws providing for the pay and allowances of officers and enlisted men of the Army has a distinct and technical signification, and when iised alone in the sentence of a court-martial does not affect the right of the accused to his pecuniary allowances. — 2 Comp., 300, Dec. 14, 1895. 961. A sentence by court-r\artiaI "to forfeit to the United States $10 of his pay for six months " is construed to mean a forfeiture of $10 only, although it may have been the intention of the court to impose a forfeitiu-e of $60. — Cir. S, A. 6. 0., 1883. 962. Court-martial forfeitures are debts to the United States, and the full amount of each sentence must be deducted unless remitted. When the monthly aggregate of forfeitures exceeds the soldier's monthly pay, deduction will be made at the rate of monthly pay, until the full amount of the forfeitures has been satisfied, unless a por- tion has been remitted.— 9 Comp., 74, Aug. 14, 190Z; Cir. 36, A. G. 0.. 190^. Example: A soldier last paid to June 30, whose pay is $21.00 per month, sentenced on July 0th to forfeit $10 per month for two months; sentenced September 6th to forfeit $15 per month for three months. On October 6th the unexecuted part of the sentence of September 6 is remitted. The amount of court-martial fine to be deducted is $59.50— that is, all of the fine of July 6, and $39.50 of the flne of September 0th. The fact that a soldier has made an allotment of his pay does not operate to reduce the rate of his pay within the meaning of determining the accrued portion of the court-martial fine upon remission. — P. M. G. 0., March 21, 1907, 60795. 963. A sentence of forfeiture of pay imposed while a prior sentence of forfeiture is in effect operates only on the balance of pay not absorbed by previous sentence. The remission of all, or part, of the later sentence is therefore effective, pursuant to the terms of remission, upon any pay which had not accrued for forfeiture at date of remis- sion.— Comp., Aug. 26, 1907, Cir., 6S, W. D., 1907. (Case Corp. Logue, 10th Infantry.) ^^'here an enlisted man is sentenced to a forfeiture of pay and to have stopped against him the cost of his apprehension as a deserter, the amount of the cost of such apprehen- sion (and any authorized indebtedness to the United States contracted prior to date of the sentence) must be deducted prior to the forfeiture, and until sufficient pay shall have accrued to satisfy such prior indebtedness and cost of apprehension there would be nothing for the forfeiture to run against. The remission of all, or a part, of the forfeiture would therefore be effective, in accordance with the terms of the remission, upon any pay which had not accrued for forfeiture at the date of remission. — 14 Comp., 490, Feb. 8, 1908; also Comp. Aug. 2, 1910, Cir. 52, W. D., 1910. Note.— If a soldier's term of enlistment expires while in desertion, a court-martial forfeiture Imposed after his return to miUtary control does not begin to accrue until his restoration to a duty status. Should his enlistment expire while awaiting trial or undergoing sentence, the fine accrues from date of return to miUtary control until expiration of term of service, and its execution then remains in abeyance until date of restoration to a duty status.— See P. M. G., Sept. 17, 1908, 70^05. 964. Court-martial forfeitures can not be taken from clothing money. — Comp., Feb. 29, 1904, P. M. G. 0., 44385. {Case Arch Wilkinson.) 965. The indebtedness of a soldier to a post exchange is not payable from pay forfeited by his desertion. — Digest Comp., 1902, p. 196. But may be deducted from pay forfeited by sentence of a general court-martial because of offenses other than desertion. — 13 Comp., 649, Mar. 26, 1907; Cir. 22, W. D., 1907. 966. Debts due company funds by a deserter can not be deducted from balance of pay and allowances forfeited by desertion. — Cir. 5, W. D., 1903. 967. When a sentence forfeiting pay is published in orders, said order is an impera- tive mandate to the company commander to make such notation on muster rolls as would be necessary to cause the judgment of the court to be executed out of the sol- dier's pay.—/. A. G., concurred in by Sec. War, Feb. 15, 1906. 968. A paymaster who overlooks a note of forfeiture on the rolls is chargeable only with the amount of such forfeiture as is noted on the roll, while the officer who certifies STOPPAGES, ENLISTED MEN FOEFEITTJEES. 141 to the accuracy of the roll is chargeable with the amount forfeited by such sentence and not noted on the roll.— Foi. %, Digest M Com-p., 378, Feb. 7, 1882. 969. "An order remitting a forfeiture of pay operates only on the pay to become due on and after the date of the order. " — A. R., 986, 1908. 970. A department commander may remit or mitigate the unexpired sentences of enlisted men under his command, notwithstanding the court which awarded them was convened and sentences approved by the commander of another department. — Cir. 20, A. G. 0., 1901. 971. The remission of a sentence "which imposes both confinement and forfeiture inflicts two separate and distinct punishments, " and remission of an unexecuted portion of one would not necessarily affect the other. A satisfied forfeiture of pay could not be remitted. A forfeiture of pay for three months does not mean forfeiture for the period of confinement, but for a specified time of three months, and is effective from the date of last payment.—/. A. G., Feb. 9, 1906, Cir. 13, W. D., 1906. 972. Discharge operates to remit such portion of a sentence, involving forfeiture of pay, as extends beyond date of discharge. — Comp., Feb. 29, 1904, P. M. G. 0., 44385. {Case Arch Wilkinson.) 973. The executed {legal) sentence of a court-martial can not be set aside or brought to naught by an Executive order. Congress alone possesses the authority to direct that the amount forfeited by reason of such sentence shall be paid to the party con- victed or any other party. — Vol. 2, Digest 2d Comp., 379, Mar. 1, 1883. Note. — Fines collected in excess of the legal limit, or pursuant to a sentence of an illegally constituted court, may be repaid the soldier upon a proper muster. — JfS Cf. CI., S60. STOPPAGES, OFFICERS. 974. "When absent without leave officers shall forfeit all pay during such absence unless the absence is excused as unavoidable. " — R. S., 1265. See Cir. 5, W. D., 1905. 976. An officer convicted by the civil courts and released under bond pending the final determination of an appeal to a higher court is "absent without leave" within the meaning of section 1265, Revised Statutes, pending the determination of said appeal, and, under the provisions of the above section, he is not entitled to pay during such absence. — 11 Comp., 755, June 14, 1905. The sentence of conviction having been set aside by the Supreme Court, his right to receive full pay from date of his arrest to date of his dismissal from the service is restored; but he is not entitled to commutation of quarters for such time.— i5 Comp., 215, Oct. 7, 1908, P M. G. 0., 29669. 976. "Every officer who is dropped by the President from the rolls of the Army for absence from duty three months without leave shall forfeit all pay due or to become due."— iJ. S., 1266. 977. "No money shall be paid to any person for his compensation who is in arrears to the United States, until he has accounted for and paid into the Treasury all sums for which he may be liable."— iJ. S., 1766. 978. "Pay of officers of the Army may be withheld under section 1766, Revised Statutes, on account of an indebtedness to the United States, admitted or shown by the judgment of a court; but not otherwise unless upon a special order issued according to the discretion of the Secretary of Wax."~Act July 16, 1892, 27 Stat., 177, G. 0., 49, 1892. When the indebtedness of an ofiicer "has been admitted or shown by the judgment of a court," in the operation of section 1766, Revised Statutes, as amended by the act of July 16, 1892, a legal inhibition exists against further payments to the officer until the indebtedness has been fully satisfied.—/. A. G., Feb. 26, 1910, P. M. G. 0., 81114- 142 STOPPAGES, OFFICERS. The act of July 16, 1892, can not be interpreted as empowering the Secretary of U'ar to stop the pay of an officer to satisfy private debts or claims for alimony. — Digest J. A. G., 1901, TpaT.2S8S. 979. Xo trustee process, garnishment, injunction, or attachment can be recog- nized by the officers of the Government in respect of moneys due creditors of the United States. — Digest 2d Comp., sec. 109, ed. 1869. There is no authority of law for stopping the pay of an officer to satisfy his private creditors.— 5ec. TTor, July 1, 1903, P. M. G. 0., S7724. 980. "When an officer has been overpaid, or is indebted to the United States for money or property, or has failed properly to account for the same, the chief of the bureau concerned will promptly notify him of the amount of his indebtedness or his failure to account. If after such notice he does not refund, or make satisfactory explanation, or take proper action within a reasonable time, the matter will be reported to the Secretary of War."— .1, R., 1S28, 1908. 981. "On the order of the Secretary of War, stoppages may be made against the pay of officers for overpayments, illegal disbursement, or loss through fraud or neglect of the public funds, and for deficiencies in, loss of, or damage to, military supplies, unless proof be furnished that the deficiency, loss, or damage was not occasioned by any fault (in their part."— ^. R., 1S29,J908. 982. "The notice of stoppage of officers' pay will be prepared in the form of a monthly circular to paymasters, advising them of stoppages outstanding at its date. This circular will be submitted to the Secretary of War for his approval prior to its publication. When an officer's name is borne thereon, no payment of salary will be made to him which is not in accordance with the stoppage entry made against his name."— yl. R., ISSO, 1908. 983. "Overpayments to an officer will be deducted on the first payment after a notice of stoppage against him is received, even if the pay accounts have been assigned; the assignee takes the account subject to all risks of stoppage." — A. R., ISSl, 1908. 984. "Whenever an officer refunds money to the Government by payment to an army paymaster, duplicate descriptive receipts will be issued by the latter for the amount refunded. The paymaster will, with the least practicable delay, forward, without letter of transmittal, the original receipt direct to the Paymaster-General of the Army and furnish the officer with the duplicate." — A. R., 618, 1908. 985. The Government has authority to withhold money due an officer to whom an erroneous payment has been made, notwithstanding the payment was found to be erroneous only upon a construction of law made after the settlement of an account in which payment was allowed. — 8 Comp., 24, July 8, 1901. (Case Lt. Kiltelle, U. S. Navy.) 986. An officer suspended from rank and command does not thereby forfeit pay. — Digest 2d Comp., sec. 1125, ed. 1869. 987. When an officer is under stoppage of pay by sentence of general court-martial or otherwise, or is suspended from rank and pay, it is to be understood as depriving him of all his salary and increase for the time. — P. M. G., Aug. 8, 1870. Note.— But does not deprive him of his "pecuniary allowances." — See paragraph 960, Manual 988. "An officer purchasing subsistence stores on credit will furnish to the com- missary making the sale a receipt in duplicate setting forth the place and date of pur- chase, the name of the commissary who made the sale, and the money value of the stores so purchased. One copy of the receipt will be forwarded by the commissary to the paymaster who pays the officer, or to the chief paymaster of the department, and will be filed with the pay voucher on which collection is made." — A. R., 1261, 1908. See R. S., 1299. TIME. 143 TIME. 989. "Hereafter, where the compensation of any person in the military service of the United States is annual or monthly, the following rules for division of time and com- putation of pay for services rendered are hereby established: Annual compensation shall be divided into twelve equal installments, one of which shall be the pay for each calendar month; and in making payments tor a fractional part of a month one-thirtieth of one of such installments, or of a monthly compensation, shall be the daily rate of pay. For the purpose of computing such compensation and for computing time for services rendered during a fractional part of a month in connection with annual or monthly compensation, each and every month shall be held to consist of thirty days, without regard to the actual number of days in any calendar month, thus excluding the thirty -first of any calendar month from the computation and treating February as if it actually had thirty days. Any person entering the service of the United States during a thirty-one day month and serving until the end thereof shall be entitled to pay for that month from the date of entry to the thirtieth day of said month, both days inclusive ; and any person entering said service during the month of February and serv- ing until the end thereof shall be entitled to one month's pay, less as many thirtieths thereof as there were days elapsed prior to date of entry: Provided, That for one day's unauthorized absence on the thirty-first day of any calendar month one day's pay shall be forfeited."— ^cte June n and SO, 1906; 34 Stat., ^48, 763; G. 0., 115, 135, 1906. 990. "When applicable, the following rules for the computation of time in pay- ment for services will be observed: 1. For any full calendar month's service, at a stipulated monthly rate of com- pensation, payment will be made at such stipulated rate without regard to the number of days in that month. 2. When service commences on an intermediate day of the month, thirty days will be assumed as the length of the month whatever be the number of days therein. 3. When the service terminates on an intermediate day of the month, the actual number of days during which service was rendered in that calendar month will be allowed. 4. When the service embraces two or more months or parts of months, but one fraction will be made, thus: From September 21 to November 25, inclusive, will be calculated — September 21 to October 20, inclusive, one month; from October 21 to November 20, inclusive, one month ; from November 21 to 25, inclusive, five days, making the time allowed two months and five days. 5. When two fractions of months occur and both are less than a whole month, as from August 21 to September 10, the time will be determined thus: August 21 to 30, inclusive (ignoring the 31st), ten days; from September 1 to 10, inclusive, ten days; making the time allowed twenty days. 6. Service commencing in February will be calculated as though the month con- tained thirty days, thus: From February 21 to 28 (or 29), inclusive, ten days. When the service commences on the 28th day of that month, three days will be allowed, and if on the 29th, two days. 7. If service commences on the 3lBt day of any month, payment will not be made for that day. 8. For commutation of subsistence and for services of persons employed at a per diem rate payment will be made for the actual number of days. 9. When services are rendered from one given date to another, the account will state clearly whether both dates are included. 10. In computing the wages of persons employed at a per diem allowance the day on which service begins and the day on which it ends will be allowed in the compu- tation. 11. Unauthorized absence on the 3lBt day of a month results in the loss of one day's pay."— ^. E., 655, 1908. 144 TIME. 991. "■^Tien accounts are rendered for service stated to have been performed from one given date to another, one of the days named will be excluded, unless it is specified or clearly shown by the form of the account that the service rendered was 'inclusive' of both."— Digest M Comp., SS4 {sec. IS), ed. 1869. 992. "For pay purposes all months in the year will be reckoned as containing thirty days. Where a promotion or demotion occurs during any month from a place to another place carrying a difierent compensation, service under such promotion or demotion will be considered as fractional service. One-thirtieth of a monthly installment of salary will be deducted for every day's absence in a month, where such absentee is not in a pay status during such absence. ' ' — 13 Comp., 890, July 5, 1906, Cir. 40, W. D., 1906. TRANSLATOR. 993. The translator and librarian. Military Information Division, General Staff, receives $1,800 per annum. — Annual appropriation act. TRAVEL PAY TO ENLISTED MEN. 994. "An enlisted man when discharged from the service, except by way of pun- ishment for an offense, shall receive four cents per mile from the place of his discharge to the place of his enlistment, enrollment, or original muster into the service. " And "for sea travel on discharge transportation and subsistence only shall be furnished to enlisted men. "—Act Mar. Z, 1901, 31 Stat., 902; G. 0., 26, 1901. But hereafter, for the purpose of determining allowances for enlisted men on dis- charge, "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 the rates established by law for land travel. "—Act June 12, 1906, 34 Stat., 247; 6. 0., 115, 1906. See A. R., 1398, 1908. 995. As a soldier must be furnished with transportation in kind for sea travel, if the Government furnishes such transportation by a longer route than that usually traveled, the soldier is entitled to travel pay from port of debarkation to his home. — Comp., Jan. 20, 1903, P. M. G. 0., 11826-80. 996. The route of travel which was available and practicable and used by the public at the time discharged soldier was entitled to transportation must, for the purpose of travel pay, be regarded as the shortest usually traveled route. — 8 Comp., 352, 1901, Nov. SO, 1901. (Case H. S. Bradley.) 997. "When transportation in kind is furnished a discharged soldier to enable him to reach a paymaster the quartermaster will note on the final statements that 'trans- portation in kind from to has been furnished, * stating the cost thereof, which will be deducted by the paymaster. If a soldier, discharged at the place of his enlistment, be furnished with transportation to enable him to reach a paymaster, the cost thereof will be ascertained and noted on his final statements, to be deducted by the paymaster."— 4. R., 156, 1908. 998. A soldier was dishonorably discharged and furnished transportation to a mili- tary prison. Subsequently he was released on account of his sentence having been illegal, and was furnished transportation to his home: Held, that he was entitled to travel pay from place of discharge to place of enlistment, less the cost to the Govern- ment of the transportation furnished on his release from the prison. The cost of trans- portation furnished from place of discharge to the prison "does not constitute a stop- TEAVEL PAY TO ENLISTED MEN. 145 page to defeat any part of his claim to four cents a mile from place of discharge to place of enlistment."— 9 Comp., 310, 311, Jan. 3, 1903. 999. When the Government, without attaching any condition thereto, grants the request of a soldier that he be discharged at a certain place upon expiration of enlist- ment, the soldier does not waive his right to travel pay. — 12 Comp., 543, Mar. 30, 1906. {Case Marine Corps.) 1000. "If the place where an officer or soldier was absent on leave at the time of his discharge is shown, he will be allowed travel pay and subsistence from that place to the place where he entered the service, unless the distance is greater than from the place where his regiment was, in which case he will be allowed only for the distance from the place where his regiment was." — 5 Comp., 117, Sept. %A, 1898. 1001. A soldier discharged without honor on account of his own misconduct is not discharged by way of punishment for an offense, and therefore travel pay is not for- feited.— iO Comp., 375, Oct. n, 1903 (case J. H. McCariy); Cir. 19, W. D., 1903. 1002. A soldier discharged under section 30 of the act of February 2, 1901, on account of the death of a parent (see paragraph 735, Manual) is entitled to travel pay, and the statement in the order that "This soldier is not entitled to travel pay" has no effect upon the claimant's rights under the law. — 13 Comp., 686, Apr. 5, 1907, P. M. G. 0., 38513. 1003. Indebtedness on account of court-martial fines is not an offset against a man's travel pay.— Comp., Aug. $6, 1901, Cir. 5, A. G. 0., 1902. A soldier should not be left at the place of his discharge without the means of pro- curing his transportation to place of enlistment and should be paid for travel allow- ances without regard to his indebtedness to the United States for clothing overdrawn. — 8 Comp., 624, Mar. 13, 1902. {Case Marine Corps.) Overpayments of pay (including allotments) may be deducted from travel pay if there is not sufficient pay or clothing money due to satisfy such overpayment. — Cir. 269, P. M. G. 0., May 16, 1903. 1004. For travel pay to soldiers discharged while in the hands of civil authorities see paragraphs 749, 750, and 751, Manual. NOT ENTITLED. 1005. The travel pay of a soldier discharged by purchase will be retained by the United States in all cases, in addition to the purchase price. — Sec. 1, G. 0., 13, 1909. 1006. A soldier discharged at his own request, for his own pleasure or conven- ience, is not entitled to travel pay.— i59 U. S., 474, Apr. 23, 1903. {Case United States V. Bamett.) 1007. A soldier convicted by a court-martial of an offense and sentenced to be dis- honorably discharged is discharged "by way of punishment for an offense" and is not entitled to travel pay.— 6 Comp., 220, Sept. 15, 1899. 1008. A soldier discharged without honor by reason of desertion is not entitled travel pay.— 9 Comp., 517, Mar. SO, 1903. {Case Carlton T. Stevens.) 1009. A soldier discharged for minority concealed at enlistment, or for other cause involving fraud on his part in the enlistment, is not entitled to travel pay. — 8 Comp., 655, Mar. 24, 1902. {Case A. T. Moonert.) 1010. A soldier discharged to enable him to accept a commission is not entitled to travel pay.— Difl'esi Comp., 1902, p. 218. 54748°— 10 10" 146 TRAVEL PAY TO OFFICEBS. TRAA EL, PAY TO OFFICERS. 1011. "When an oflScer shall be discharged from the service, except by way of punishment for an offense, he shall receive for travel allowances from the place of his discharge to the place of his residence at the time of his appointment, or to the place of his original muster into the service, four cents per mile." And "for sea travel on discharge, actual expenses only shall be paid to officers." — Act Mar. 2, 1901, SI Stat., 902; G. 0., 26, 1901. But hereafter, for the purpose of determining allowances for officers 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 the rates established by law for land travel." — Act JuTU 12, 1906, S4 Stat., 247; G. 0., 115, 1906. 1012 . Place of acceptance of appointment is considered as place of residence within the meaning of the law. — Comp., Mar. 13, 1900, P M. G. 0., 11S26-58. [Case Li. Col. Sells, 9th Vol. Inf.) An ofEcer discharged at the place where he accepted his commission is not entitled to travel pay.— Comp., Mnr. 25, 1908, P M. G. 0., 11769. 1013. A contract surgeon appointed to the Medical Reserve Corps and discharged therefrom while on active duty is entitled to travel pay to place of entry into the mili- tary service and not to the place of making contract. — Comp., May 27, 1909; P. M. G.O., 7-i9S7. 1014. If an officer receives an order discharging him from the service and directing him to proceed to his home, but the order is silent as to the date when the discharge is to take effect, he is entitled to travel pay, not mileage, the discharge being effective from the date of receipt of the order.— 6 Comp., SI, July 14, 1899. (Case Lt. Thomp- son, Vol. Sig. Corps.) 1016. "Where the record shows that an officer tendered his resignation without assigning any reason therefor, and the record does not show that he was disabled by sickness or wounds received in service, his resignation is regarded as a voluntary dis- charge and he is not entitled to travel pay." — 7 Comp., 744, May 11, 1901. {Case Captain Harris, 1st Oregon Cavalry.) 1016. An officer who tenders his resignation and is honorably discharged is not entitled to travel pay.— .?«9 U. S., 471, Apr. 27, 190S. {Case VniUd States v. Sweet.) 1017. An officer tendering his resignation and discharged to take effect at a future date and ordered to proceed to his home, where he arrives prior to date fixed for his discharge to take effect, is entitled to mileage.— 7 Comp., 42, Aug. 2, 1900. {Case Lt. Baisch, S6th Vol. Inf.) 1018. Pay overdrawn by an officer is a proper charge against travel pay due him on discharge.— Comp., July 28, 1899, Cir. 195, P. M. G. 0. {Case Dr. Burchard, 5th Mo. Inf.) 1019. An officer discharged under the provisions of the act of October 1, 1890 (26 Stat., 562), or the act of April 23, 1908 (35 Stat., 67), because of his failure to pass the examination for promotion, is not discharged for his own convenience or by way of punishment for an offense and is entitled to travel pay.— P. M. G., in accordance with practice in the office of the Auditor for the War Department, verbally concurred in by the Comptroller of the Treasury. 1020. Dismissal by Executive order is quite distinct from dismissal by sen- tence. The latter is a punishment while the former is a removal from office and does not deprive the officer of travel pay.— 7 Comp., 548, Mar. 18, 1901, VETEKINAEIANS. 147 VETERINARIAN S . 1021. Veterinarians shall receive the pay and allowances of second lieutenants mounted— ^c« Feh. t, 1901, 31 Stat., 753; G. 0., 9, 1901. 1022. Veterinarians are entitled to 10 per cent increase for foreign service on and after July 1, 1907, under act March 2, 1907 (34 Stat., 1164).— P. M. G. See 7 Comp., 413, Feb. 13, 1901. 1023. Veterinarians are entitled to quarters, fuel, and light (A. R., 89, 1908), but commutation of quarters can not be paid them, the appropriation therefor being for payment to commissioned officers only. — 15 Comp., 819, June 12, 1909. 1024. Veterinarians are entitled to count time served as enlisted men, as veteri- nary surgeons, and as veterinarians in computing longevity pay. — 7 Comp., 201, Oct. 31, 1900; 8 Comp., 52, July 29, 1901. {Case Gerald E. Griffin.) 1025. Veterinarians have the same status as to leave of absence as officers of the Army.— 7 Comp., 788, June 7, 1901; Cir., 262, P. M. G. 0. (Case J. B. Gilpin.) 1026. Veterinarians are entitled to mileage for travel on duty under orders with- out troops.— Comp., July 21, 1900, Cir., 244, -P. M. G. 0. 1027. Veterinarians may witness payment to enlisted men. — Cir. SO, A.G.O., 1901. VOLUNTEERS. 1028. "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 and to volunteer forces mustered into the service of the United States for a limited period."— iJ. S., 1292. 1029. "All officers and enlisted men of the Volunteer Army, and of the militia of the States when in the service of the United States, shall be in all respects on the same footing, as to pay, allowances, and pensions, as that of officers and enlisted men of corresponding grades in the Regular Army."— ^ci Apr. ^2, 1898, SO Stat., 363; G.O., SO, 1898. 1030. "An assistant surgeon with the rank of captain in a militia organization brought into the service of the United States as a body is entitled to the pay of captain, mounted." — 11 Comp., 502, Mar. 2, 1905. (Case Captain Black, N. D. National Guard.) 1031. An officer of volunteers promoted by seniority is entitled to the pay of the higher grade from the date of the vacancy. This is under the long-established prac- tice, where officers of the Regular Army are promoted by seniority, the promotion takes effect from the date of the vacancy to be filled by the promotion. — Digest Comp., 1902, p. 171; 7 Comp., 506, Mar. 12, 1901. (See par. 499, Manual.) 1032. "All officers and enlisted men belonging to volunteer organizations hereafter mustered out of the service who have served honestly and faithfully beyond the limits of the United States shall be paid two months' extra pay on muster out and discharge from the service, and all officers and enlisted men belonging to organizations hereafter mustered out of the service who have served honestly and faithfully within the limits of the United States shall be paid one month's extra pay on muster out and discharge from the service."— .4c« Jan. 12, 1899, 30 Stat., 784; G. 0., 13, 1899. The act of January 12, 1899, granting extra pay to volunteer organizations, is perma- nent legislation, and until repealed applies to all future volunteers. — 57 Ct. Cls., 60, Dec. 2, 1901. (Case E. G. Pierson.) 1033. "The act approved January 12, 1899, granting 'extra pay to officers and enlisted men ol the United States Volunteers,' shall extend to all volunteer officers of the General Staff who have not received waiting-orders pay prior to discharge, at the rate of one month to those who did not serve beyond the limits of the United States and two months to those who served beyond the limits of the United States," — Act May 26, 1900, 31 Stat., 217; G. 0., 76, 1900. The act of May 26, 1900, is an amendment enlarging the act of January 12, 1899, and is therefore permanent legislation.— ./O Comp., 680, Mar. SO, 1904. ( Case Wm. D. Bell.) INDEX. Absence Wltliout Leave: Enlisted men— Paragraph. Acquittal of charge of desertion not conclusive as to 247 Civil authorities, no pay for time in hands of, unless 584 If convicted on status of. 601 Collections, when pay for time absent Is treated as 602 Convicted of, sentence set aside 247 Day of departure is a day of absence 600 Day of return is a day of duty 600 Deduction of one day's pay for each day of absence less than month 600 February 28 or 29 600 Inclusive, use of word will Indicate 600 Less than twenty-four hours whether covering parts of one or two days 596, 597 One full calendar month, one month's pay deducted 600 On 31st day of month 699 Pay, none accrues for time 598 Ten days, will not be declared a deserter before, unless 238 Time lost by, exceeding one day, required to make good 596, 684 To make good, applies to men enlisting on or after May 11, 1908 596, 684, 685 Officers — Civil authorities, no pay for time in hands of, unless 584, 975 Collections, when pay for time absent is treated as 602 For three months, dropped from rolls of army 976 Forfeits all pay and allowances 976 Forfeits all pay for time, unless 974 Accounts (sec also Paymasters' Accounts): Abstracts — Allotments, method of preparation 822 Collections, method of preparation 823 Deposits, method of preparation 227 Payments, method of preparation 821 Analyzed and recorded by 434 Appropriations disbursed and accounted for, method 812 Bonds, kept separately under each 814 Books, which paymasters are required to keep 813 Closed, funds will be actually transferred 814 Distinct, rendered according to appropriations 809 Entry of each transaction required 810 Express, should not be forwarded by 819 Forwarded — May be, to include the 15th of month 820 To auditor within sixty days after receipt 433 Will be, within 817,818 Wrapped securely, will be 819 In the Treasury never closed 815 Irregularities of mail no excuse 818 Liability — Not rendered as provided by law 811 Retention of public funds 811 Original voucher to accompany, if possible 869 Rendered — If not, as provided by law, liability for 811 Will be, monthly or quarterly 816 Reopening of, by auditing officers 861 Weight of, for mailing limited to 4 pounds 819 149 150 INDEX. Accounts Current: Paragraph. Appropriation transfers to cover errors ^^ Book for, furnished by *'3 Cash account rendered with ^* Cash on hand shown on, must be verified and certified 825 Certificate of deposit — Data to be noted on ^^ Not to be filed with 831 Collections- Charged and credited on for period covered by 828 Copy furnished to 824 Data required on 827 Duplicate copies prepared and 824 Form to be used, furnished by 824 Period to be covered by 826 Preparation of, method 827 Rendered — Changing station 826 Closing accounts on renewal of bond 826 Leave of absence more than ten days 826 Suspensions — Charged on, method observed 853 Removal from, method observed 853 Vouchers, preparation and forwarding of 829 WQlgenerally cover monthly period only 820 Acting Commissary of Subslstonoo: Entitled to SlOO per year in addition to pay ot grade MS Foreign service increase, computed on additional pay as 529 Longevity increa-so, not computed on additional pay as.. 548 Paid on certificate of commissary-general 649 Regimental quartermaster may receive pay of 550 Regimental, squadron, or battalion commissary not entitled to pay of 549,562 Acting Judge- Advocate : Pay- Aid can not receive pay, as in addition 521 Lieutenant entitled to pay and allowances of captain 663 Acts or Congress: Effecting organization of army, not retroactive unless 29 When carried into effect 29 Additional Pay. (See Pay Enlisted Men.) Advance ol PuDlIc Money: Disbursing officers 1 Payments next to last day of month not authorized '. 3 Shall not be made, except 1 Treated as transfer of funds 2 Advance of Pay Not Autnorlzed i Aids: Authorized — None for general officers general staff corps 616 Number for general officers of the line 616 Can not draw pay as, and as acting judge-advocate 521 Foreign service, entitled to increase on additional pay as 629 Inspections, may be ordered to accompany general on anntial 342 Leave of absence- Appointed while on 519 Relieved while on 620 Mileage- General ordered beyond the limits of command 371 To change station 371 Inspections, ordered to accompany general on annual 342 Pay or rank additional — "Ceases — On general's separation from the service or retirement 520 ■ On promotion, day preceding 620 On relief from duty as 620 Relieved from duty while on leave of absence 520 Hate of 618 INDEX. 151 Aids— Continued. Paragraph. Pay of rank additional— Continued. Commences — Day of reporting in person for duty 520 If appointed wliile on leave of absence 519 For service as 516 Number authorized only entitled to increased 617 Selected from 516 Alaska : Mileage- Actual expenses for travel in, not to exceed 322 Travel in, or through, defined 323 Allotments : Abstract of, method of preparation 822 Allottee- Bank, advised of amount and period of 8 Furnished signature of allotter 8 Death of, before payment of 26 To be reported 27 No payment to- After paymaster receives notice of death of allotter 22 If allotter deserts before payment to 24 If not in possession prior to allotter's discharge, forfeiting all pay 24 Allotter — Allottee, death of, reported to commanding officer of 27 Captured by enemy, payment continued until 21 Death of, terminates right of allottee to receive 22 Desertion of — Acquittal of charge does not renew 14 Before payment to allottee, forfeits unpaid 24 Terminates 24 Discharged on an intermediate day of the month 16 Dishonorably discharged, forfeiting all pay 24 Discontinued at request of, withheld on rolls until 9 Entered on record of 12 Indebted to Government, about to be discharged 13 Quarantined indefinitely 23 Renewal of, if discontinued before expiration of period 11 Transferred, report required 17 Voluntary act of ■. 10 Authority for making, granted to enUsted men only 5, 6 Discontinued— Allotter about to be discharged and indebted to United States 13 Before expiration of period — At allotter's request 9, 10 Entered on record of » 12 On account of stoppages, forfeitures, or reduction 20 Organization commander to report 9 Withheld on pay rolls until 9, 20 Expiration of period, report not required 9 Not renewable if, before expiration of period, except 11 Voluntary act of allotter 10 Limitations — Advance of pay, shall not be made to obtain 6 Serving in the United States 6 Outside the United States 5, 6 Method of accounting for, on pay rolls and final statements 25 Overpayments of, can be collected from travel pay and deposits 934, 1003 Payment of— After receipt of notice of death of allotter, none 22 Allottee, death of, before 26 Captured by enemy, continued until 21 Desertion of aUotter before, to allottee 24 Discontinued before expiration of period 9, 20 Erroneous, chargeable to responsible officer 19 Not a debt payable from pay forfeited by desertion 15 Made after one month, paymaster will receive credit 18 152 INDEX. Allotments-Continued. Paragraph. Payment of — Continued. ifuarantined indefinitely, allotter 23 Withheld, Payraaster-Oeneral may direct 20 Philippine Scouts can not make - 782 Porto Rico regiment, members of, can not make 789 Rate of pay, to cover forfeitures not reduced by 962 Reports- Death of aUottee : 27 Discontinuance- Account of stoppages, forfeitures, or reduction 20 Before ejcpiration of allotment period 9, 20 Death, discharge, or desertion 14 Paymaster-General to aclmowledge receipt of v. . 9, 20 Names of allotters— Forwarded by registered mail 7 On orders for distant station 7 Transfer of allotter 17 Regulations governing — Advance on pay, witnessing officer to investigate 8 Allotter indebted to Government about to be discharged 13 Ceases, on death, discharge, or desertion 14 Death of allotter terminates right of allottee to receive 22 Desertion of allotter, forfeits unpaid 24 Discontinued before expiration of period 9, 20 Executed— In duplicate, one copy to Paymaster-General 8 Pay rolls during period of, to show 12 Paymasters computation on pay rolls 26 Takes precedence over forfeitures 20 Record of soldier to show 12 Transfer of allotter, report of 17 Withheld, Paymaster-General may direct 20 Appropriations: Accounted for under distinct accounts 809 All for pay department constitute one fund, except 812 Applied solely to expenditures tor which made 790 Available, when 792 Balances unexpended, deposit of 440, 791, 801 Clothing allowance paid on discharge, charged to 107 Deposits repaid enlisted men charged to which 229 Errors in charging 854 Fiscal years available for use of pay department 791 Liability by failure to malte 792 Mileage — Accounted for under distinct heading 812 Inspection of militia, allowed amount in excess of mileage 346 Military Academy- Accounted lor under distinct heading 812 Not current, who may withhold until same lapses 455 Penalty for exceeding, except 846 Transfer of ftmds from one to another 804 Transfer of, to cover errors 854 Only under bonds to which they pertain 8S4 Army Organization: Acts of Congress, effecting organization 28 Not retroactive unless 29 When carried into effect 29 Laws effecting 28 Status of individuals under new act 29 AsslgrnecL Accounts: Assignment not authorized except pay accounts and final statements 30 Defective, returned to 33 Assignor not chargeable with overpayment to assignee 34 Enlisted men can not assign their pay previous to discharge 32 Retired, can not assign their pay 30 INDEX. 153 Assigned Accounts— Continued. Paragraph. Final statements- Assignments Can not be revolted at option of assignor 35 Not in conformity with regulations 39 Not signed by soldier 40 Payment only of such correct items as appear 36 Regulations governing 3j Shall not be made before discharge 35 Company fund, custodian of, assigned to 38 Post exchange assigned to 37 Pay accounts — Alaskan service, should be forwarded through special disbursing agent and chief pay- master, Department of the Columbia 48 All commissioned officers may assign, when due 41 Can not be revoked at option of assignor 41 Contract surgeons (also Dental) — Prohibited, except 44 Regulations governing 50 Foreign service — About to embark for or if on 48, 49 Forwarded through chief paymaster where serving 48 Make no payment unless satisfied regulations have been complied with 48, 49 Mounts, additional pay for, should not be included 49 Must be sent to and held by paymaster 48 Signature of assignee not required 48 Hypothecation of, forbidden 42 Indorsement, form of 42 Not in conformity with regulations 46 Not to be, before maturity 42 Pay, all due for a specific month included 49 Paymasters' clerks on foreign service ^ 477 Veterinarians may assign 43 Overpayments — To assignee may be collected from future claims 34 Not chargeable to assignor 34 To custodian company fund, on final statements 38 To post exchange, on final statements 37 Payment of— Duplicate, paymaster who will receive credit 47, 863 In currency, forbidden 31 In department in wiiich officer is serving, except 42 Officer on foreign service or in Alaska, make no, unless satisfied regulations have been com- plied with 48 On power of attorney prohibited, except 30 Prohibited, if assigned before due 45 Presented through bank, if subject to stoppage 34 Attacnment : Not recognized 979 Beneficiary: Of officers or enlisted men — No payment, if no beneficiary designated and no widow 214 Philippine scouts entitled to designate 216 Pay of, includes 215 Retired army officers on active duty not on active list of army 217 Six months' pay, less reserved or deducted for expenses of interment 213 Veterinarians, entitled to designate 216 Quartermaster's Department- Expenses of interment, reimbursement 213 Blanlfs : Approval of all, by comptroller .52 Date effective printed on 53 Forms furnished by the Paymaster-General, list of 61 Manuscript returns, rolls, etc., prohibited 53 New forms, or alterations without authority prohibited 53 Notes and directions on, approved by 53 Have force of army regulations 53 Notification of discharge furnished by 763 Requisition for 63 154 INDEX. Bonds: Paragraph. Accounts tept separately under each 814 Accepted from surety company 01 Amount of— ^ Required for paymasters 54 Approval of, by commanding general, Philippines Division 56 Canceled or surrendered, never 59, 815 Chief paymasters cause subordinates to take steps to renew 58 Closed, funds will be actually transferred 814 Detailed paymasters must furnish 57 Duplicate check, indemnity bond required before issuance 89,90 Execution of, requirements C3 Filed where 59 Paymasters must furnish 54 Premium, rate of, allowed, to be paid by officer 55 Or other cost, shall not be defrayed by United States 55 Renewed— Can not be, until after four years, except 62 Shall be, at least once in 58 Surety- Companies, acceptable to Government, list of, published from lime to time 01 Company may qualify 61 Financial- Ability to cover 60 Embarrassment cause for renewal 62 Bonus: For reenlistment. {See Pay Enlisted Men.) Caaets: Discharged— Actual expenses to home paid by quartermaster. Military Academy 399 After graduation but before acceptance of commission, pay 402 Mileage, not entitled to 399 Leave of absence on graduation — Duration of 401 Not counted against subsequent leave credits 401 Ordered to temporary duty at Military Academy during 401 Pay status while on 402 Postponed, can not be 401 Mileage — Joining for first station after graduation, entitled to 306 Not entitled to, for travel performed under competent orders 400 On discharge not eiititled to 399 Pay- After graduation— As officers from date of, except 402 Discharged before acceptance of commission 402 Payment to— Commencement of 396 Made by on pay rolls 396 Method of. 395 Oath taken prior to 396 On reappointment 397 Rate of ; 395 Suspended and off duty 398 Service as— Counts for retirement as officer 895 Does not count for continuous service pay of enlisted men 691 Longevity pay, counts for ^. 54I Time of suspension without pay counts for longevity pay 541 Casemate Electricians. (See Pay Enlisted Men— Additional Pay.) Certlflcate or Deposits: Accounts-current will show data relative to 831 Appropriations, who designates to which funds belong 833 Data required on 799^ 830 Deposits received and deposited to credit Treasurer 227 Duplicate, retained by officer to whom issued 832 Not filed with account current 831 Obtained for every deposit of public money 799, 830 Original, disposition of 832, 833 INDEX. 155 Certincate or Merit; Paragraph. Additional pay for, rate of 659 Granted after discharge 660 Included in forfeiture of a month's pay 958 Pay for, commences 659 Payable during enlisted or commissioned service 659 Payable in full on active or retired list 659 Twenty per cent increase on, during foreign service 672 Certincate Nonmaefttedness : Medical reserve corps officers relieved from active duty, not requured, but 509 Officers, final pay of, required from 609 CUaplalns; Appointed prior to April 21, 1904 — Pay and rank of 64 After seven years' service 64 Appointed subsequent to April 21, 1904— Pay and rank of 65 After seven years' service 65 Major, with rank and pay of, may be promoted 66 Military Academy, appointment and pay of 388 Retired previous to April 21, 1904 67 CHecli Books: Account with depository closed 73 Balance must agree with amounts shown on accounts current 827 Balance with depository exhausted 73 Care of 74 Detaching blank checks for convenience of another officer 72 Furnished by 68, 69 Kept, method prescribed for paymasters 75 Payments, official, only to be used in making 08 Receipt for, furnished issuing ofDcer 70 Transfer of— Ceasing to act as a disbursing officer 09, 71, 451 Receipt for, of transferee, to issuing officer 69, 71, 451 Regulations governing 69, 71, 451 Use of, regulations governing, found in check books 68, 69 Clieclis : Alterations on, certified to 69 Canceled, disposition and record required 84 Charge for collection of money on 794 Collections, for army paymasters- Dated, will be 83 Deposit of, when not practicable on last day of month 828 Detached for use of another officer 72 Deposits, for credit of deposit fund dated 83 Not included in check for collections 227 Disbursing account, statement of, answered promptly 800 Drawn, method to be observed 78, 79, 80, 81 To bearer prohibited 77 Drawn, in favor of banking institution, should state 80 Duplicate- Issuance of, regulations governing 89 Issuing officer of original, separated from the service 91 Enlisted men, foreign possessions and Alaska, part of pay, if desired 81 Erasures on, certified to 69 Error in depositing balances, corrected by drawing 793 Exchange for cash, when permitted 81 Funds, transfer of, by, receipt will not be given 805 Identity of soldier estabUshed— If furnished on distant depository 754 If issued in course of payments by express or 653 Liability of drawer as related to that of payer 76 Lost- Duplicate may be issued 89, 90 Issuing officer separated from the service 91 Mutilated, disposition and record of, required 84 Number, date, and depository noted on voucher 872 Only official, used in making payments 68 156 INDEX. Cbeclts— Continued. OutstandiiiR— Paragraph, Funds to cover, if outstanding three years, disposition of 86 Issuing oflBcer separated from the service 93 licss than three years, payable if 87 Paymaster ceasing to act as such, report required 92, 451 Three entire fiscal years paid only 88 Three entire fiscal years reported to 85 When dropped 85 Payments, by express (see Payments by Express or Mall) — Covered wholly by, receipt will not be taken 870 In part by, to officers and enliated men on foreign service 81 Philippine Islands, which pass in, must bear date of indorsements 82 Presented before expiration of three years, payable If 87 Rubber stamps will not be used 79 Signing of, in blank prohibited 848 Transfer of 71,72 Chlel Paymasters: Cause subordinates to take steps to renew bonds 58 Communications, ofiElcial — From subordinates, when and how forwarded 458 Department stall will include 452 Efllciency reports of i>aymasters made by 460 Estimate for funds- Forwarded not later than 454 Examines accounts of subordinates 456 Funds not of current appropriations 465 Mileage payments made by 316, 452 Paymasters control of by 453 Payment to troops, to make portion 452 Reports — Efllciency, made by 460 Should set forth ail facts concerning 436 Individual service 467 Monthly data required on 459 Prohibited from calling for, except 457 Responsibility for payment of troojM 463 Civil Autliorltles: Arrested by, released on ball, trial indefinitely postponed 585 Disctiarged without trial, right to pay restored 584 Case "nol prossed" 587 Settled out of court 586 Detained by, as witness before state court 583 Discharged— After conviction, and pardon by civil authorities and return to military control 761 Trial and acquittal 684 Because of conviction, afterwards pardoned by 751 By civil authorities after three trials 589 While in hands of, expiration term of service 749, 762 Without honor while in hands of 750 Furlough, arrested and convicted while on 588 In hands of, at expiration of term 749, 762 No pay for time in hands of, unless 584, 975 Pay, none while in hands of, unless 684 Returned to duty, pending final determination of case 584 Witness before state court, detained as 583 CIvlUaii Witnesses. (.See Witnesses; also Courts-Martial.) Clalma: Disallowance, if refunded, right to apply to Auditor and Comptroller 96 Discontinued in Court of Claims, may be settled by Auditor 99 Officer or clerk of disbiurslng officer can not be interested 443 Settlement — Accepted, can not be opened on new evidence 97 New claim, diflerent subject, will be considered 97 Accounting officers, no jurisdiction to reopen, except 98 By Auditor, revision of by Comptroller 95 By comptroller, binding upon executive departments 95 INDEX. 157 Claims— Continued. Short payments — Paragraph. By paymaster settled by auditor 94, 852 Mileage, how adjusted 320 Clerks In. Military Employ: Absent without^ leave for fractional part of a day 101 Appointment effective, when 102 Computer artillery board, salary of 168 Courts-martial, no extra pay for clerical duty for 178 Expert accountant Inspector-General's Department, salary of 266 Traveling expenses of 266 Hospital charges, deduct from pay due 105 Indebtedness of 105 Leave without pay 104 Not curtailed by attendance before courts 103 Military headquarters, at, paid by 100 Salaries fixed by 100 Oath of office 102 Promotion effective, when 102 Suspended without pay 104 Witnesses — Before civil coinrts 210 Courts-martial 190 Clo tiling Allowance: Allotments may be collected from 1003 Appropriation charged with that paid on discharge 107 Balances due at settlement dates, how credited 110 Collections account of, appropriation credited 117 Computation of, me hod observed 110 Descriptive lists, notations on Ill Deserter — Accruing after return not used to reduce antidesertion clothing debts 116 Acquitted, but guilty of absence without leave 115 Balances charged or credited 113 Discharged without trial 259 Settled to date of desertion 113 Upon return to military control 114 Discharged— After six months from date of enlistment 110 Retained after expiration of enlistment 110 Undrawn, credited on final statements 107, 111 While in bands of civil authorities 762 Within six months from date of enlistment 110 Without trial by reason of desertion 259 Entries of, in words and figures Ill Final statements — Charged on, any overdrawn 107 Credited on, any undrawn 107, 111 Notation on, discharged while in hands of civil authorities 762 When clothing account balances Ill Fines can not be collected from 964 Held in service 110 Initial and yearly 109 Indebtedness tor, can not be collected from travel pay 1003 Indian scouts 274 Laundry of recruits may be charged against 112 Overdrawn, method of charging 107 Overpayments may be collected from 1003 Philippine Scouts- Allowance established by Secretary of War 779 To be fixed by Secretary of War 774 Porto Rico regiment, same as for other enlisted men 783 Same, for all enlisted men of the Regular Army 108 Settled- Date on which 1 08 Deserters, to date of desertion 113 Table showing, published in general orders 106 Transferred enlisted men, data required on descriptive lists Ill Undrawn at discharge, credited on final staternents 107, 111 158 INDEX. Coast Artillery Corps Ratings. (See Pay Enlisted Men— Additional Pay.) Collections: Paragraph. Abstract of, method of preparation 823 Purchase of discharge, price of, how noted on 823 How treated when received after discharge 773 Army paymasters', when deposited 83 Check for jMiyraaster's dated 83 Deposited , who will designate appropriation to which funds belong 83 Deposit of, not practicable on last day of month, method 828 Erroneously carried to abstract of, post exchange, laundry, or company fund 950 Half-pay deduction when treated as 279 Pay returned , data required on abstract of 823 Post exchange, amount due erroneously taken up as a 950 Proceeds sale of eifects deceased soldier to be taken up on collections 823 Suspensions — Data required relative to, when taken up on abstract of 85S Refundment account of, taken up on abstract of. 855 Communications, omclal. (See Army Kegulatlons Governing.) Commutation ol Quarters: Allowance— Fractional part of month, how computed 127 Not viewed as compensation within the meaning of certain regulations 49 Rate per room 118 Rooms, number ol 118 Authority for 118 Enlisted men when not regarded as troops 120 Entitled to— Awaiting orders, for convenience of Government 124 Civil duty In Philippine Islands, unless 125 College detail, while on 121 Retired officers entitled to subject to restrictions 121, 917, 918, 919 Including day after relieving predecessor 919 Court-martial, attending own 145 Court-martial duty, when entitled 138 Engineer, on duty on civil works 122 Family occupying quarters at another station 126, 136 Hospital, government, while in, if In receipt of, at station 139 Militia officers attending service schools 403 No public quarters available 118 On duty without troops 119 Public quarters at station all occupied 119 Military attaches at embassies and legations 130 With foreign army to obtain military information 130 Transport quartermasters, commissaries, and surgeons, if 123, 139 Room on, not quarters in 139 Leave of absence— During, on full-pay status ,' 1^2 From foreign possessions 133 Half-pay status, new leave year intervenes 132 Militia officers attending service schools — Captain and assistant surgeon, entitled to, of his grade 400 Ceases, when 408 Commences, when 404, 405 Reexamined after close of term 407 New station, entitled to, from 129, 134 Not entitled to- Awaiting orders for own convenience 146 Contract surgeons 1(52 Furnished public quarters- Less than regulation allowance 149 Refusal to occupy I49 Hospital, while at, if not in receipt of, at regular station 161 In hands of civil authorities even If subsequently acquitted 148 Leave of absence, if on half-pay status 132 Master of sword , Military Academy 389 Occupying quarters as a guest 150 On field service, except ..., 14g INDEX. 159 Commutatloii of Quarters— Continued. Not entitled to— Continued. Paragraph. Ordered to their homes to await orders for their own convenience 146 To report by letter, until 129 Panama Canal Commission, on duty with 147 Sick leave, while on 132 Station changed, stop at intermediate point 152 Unassigned to duty, choosing own residence 146 Veterinarians can not be paid 1023 Wholly retired officers not included in year's pay 928 Orders of assignment or relief filed with first and last voucher 127 Relieved from duty— At station, entitled to, until 128 In foreign possessions, delayed by lacjc of transportation 131 Temporary duty, absent on— Can not be paid for while holding quarters at permanent station 136 Command changes station while 141 In field- Progressive map, when assigned to station 137 With or without troops do not lose right to 135 Militia encampment, assigned to 142 Militia inspection 143, 144 Occupying quarters as a guest 140 Quarters occupied by family 126, 136 Sick in government hospital 139 Time computation of fractional parts of month 127 To obtain military information abroad , entitled to 130 Troops, Secretary of War determines what constitutes duty without 120 Vouchers- Dates specific of arrival or departure noted on 127 Militia officers attending service schools- Authority for attending, filed with first 405 Certificate of attendance required with each 405 Date of reporting noted on first 405 Order of assignment or relief filed with first and last 127 Company Fund. (Sec Stoppages.) Erroneously taken up on abstract of collections, how treated 950 Comptroller: Accounts settled by predecessor can not reopen, except 861 Blanks, approves all forms 52 Claims- Settled by auditor may be revised by, within 95 Settlement by auditor accepted , can not be reopened 97 Decisions of — Applicable to 156 Data required in request for 154 Govern, in settlements 153 Protect disbursing officers 155 Request for, by paymaster, forwarded through 154 AVill render, on claims submitted by 153 Settlement by, binding upon executive departments 95 Computer Artillery Board: Pay 158 Continuous- Service Pay: Additional pay authorized for continuous service 675 Cadet, service as, does not count for 691 Enlistment period — In service May 11, 1908— As officer Philippine Scouts subsequently discharged and enlisted 688 Entitled to discharge three years after enlistment 685 In first period, discharged by purchase or convenience of Government and reenhsted . 697 Pay and allowances, not reduced 679, 680 Periods determined — How 676, 677 Not changed except 682 Reenlisted pay, how counted '. 677, 693 Service as officer Porto Rico regiment, Philippine Scouts, and United States Volun- teers counted 688 Time lost by absencCj not required to make good. ..,,,.,.,...,.,., 684 160 INDEX. Continuous- Service Pay— Continued. Enlistment period — Continued. Not in senice May 11, 1908— Paragraph. Completed enlistment 095 Discharged from Marine Corps and enlisted in Army. 689,690 Enlisted after May 11, 1908, but within three months from discharge 078 Enlisted after May 11, 1908, discharged for convenience of Government 096 Enlisting after three months from discharge 694 Discharged as commissioned officer Porto Rico regiment, Philippine Scouts, and United States Volunteers 688 By purchase, reenlisted within three months 683 From a five-year enlistment after serving three years three months not an 698 Honorable prerequisite to, except 093 Marine Corps, aft«r lour years' service in, reenUsts in Army 090 Served more than halt, reenUsts after May 11, 1908 696 Volunteers from, not discharged at termination of 694 Enlistments, what constitutes completed 084 Held to service 681 How determined 676,677,678,682 Pay and allowances of those in service not reduced by act of May 11, 1908 679 Periods counted after May 11, 1908 682 Reenlistlng after three months subsequent to May 11, 1908, entitled to 695 Time lost to make good, required only of men enlisting on or after May 11, 1908 084, 085 Fraudulent enlistment, does not count for 692 Increased pay authorized for continuous service 675 Marine Corps, service in, counts for 689, 690 Militia participating in encampment not entitled to 419 Navy, service in, does not count for 689 No Increase after seventh enlistment 075 OfBccr, service as in Porto Rico regiment, Philippine Scouts, or United States Volunteers, counts for 688 Out more than three months 694 Philippine Scouts as fixed by Secretary of War 777 Porto Rico regiment, service In, counta for 786 Reenlisted pay- Defined 677 Out more than three months after five years' service 677 Reenlistment— Application for, does not in itself entitle to 687 Can not be antedated for purpose of giving 087 Can not reenlist unless preceding term has been honest and faithful 686 Computation of tliree montlis, day of discharge excluded 687 Wltliin three months, to entitle soldier to 675 Retirement, none accrues after 889 Service- In Porto Rico regiment counts for 786 Other than honorable, not considered for pay purposes in future enlistment, except 693 Required for 675 Contract Surgeons. (See also Dental Surgeons): Appointment, authority for t69 To Medical Reserve Corps from, certificates of nonindebtedness not required 299 Assi^ment of pay vouchers 44,50 Commission as first lieutenant in Medical Reserve Corps, pay of 299 Commutation of quarters, not entitled to 162 Contracts of — Indorsements required on — Absence, comihencement, duration, and termination 164 AimuUed, fact of 168 Annulled to enter into new, fact of 187 Ordered home for annulment 168 Payment, fact of 180 Payment, final, accounts to be forwarded to Paymaster-General , 166 Final statements, may sign, when 1 89 Foreign service pay, not entitled to 1 61 Leave of absence — Credits for, accrue under current contract only 165 Indorsed on contract 184 Pay status while on 163 INDEX. 161 Contract Surgeons— Continued. Mileage- Annulment of contract— Paragraph. Accept commission, to j75 Own request ^^ While on leave ol absence 173 Authority for 17q First duty, joining for 172 306 Witness, ordered before court-martial 1731 Pay, not to exceed 159 Pay rolls, may witness pajmient of Igg Payment- Contract must be presented, at time of 150 Fact of, indorsed on contract IgO Final 166,167 Retired officer serving as 90g Service as, does not count for longevity pay 543 Transfer of pay voucher. (,See Assigned Accounts.) Coots. (Sec Pay Enlisted Men.) Courts, Civil. (See Witnesses.) Courts-Martial, etc.: Carbon copies of proceedings of. 186 Certified copies, civil court records I77 Clerical work, by government employees, no extra pay 178 Contract surgeon ordered before, as a witness 171 Depositions — Fees for making 203 Fees for taking 184, I85 Employees, government — Allowances to, as witnesses 190 Clerical work of, for, no extra pay 178 Deputy United States marshals and marshals are 192 District of Columbia are 191 Philippine Islands, civil government, are not I97 Postmasters are 191 Expenses of, paid by 176 Experts, employment of, before— Authority for 179 Compensation of 179 Fixed by 179 Vouchers of 179 Illegally constituted — Sentence of, null and void (and so declared) 255 Status of soldier tried by 265 Interpreters to, compensation of 180 Oaths- Administered by civil officers, payment for 183 Officers to administer 182 Orders convening, will accompany vouchers of witnesses 198 Photographs for use of, paid for by 177 Reporters- Compensation of 186, 187 Employment of— Authority for, filed with voucher 186 Authorized for 186 Board of officers, payment from 189 Retiring boards, authority obtained from 188 Paid by pay department 176 Transportation furnished to 186 Travel allowances for 186 Retired officers- Ordered by Secretary of War as witness before 196 Subpoenaed as witness before 196 Sentence, effective ^09 Sentence of, published m orders noted on pay rolls 967 Sentences, legal limits which may be imposed 951 Stipulated amount on release from confinement or dishonorable discharge 954, 955 Subpoena, served by civilian, compensation for .» 181 54748°— 10 11 162 INDEX. Courts-Martial, etc.— Continued. I'aragraph. Sub]>oena, served on, after reporting to the court W9 Summary courts certifying service of civilians as witnesses before 200 Travel allowances- Reporters l*"* Witnesses — In government employ - 100, 191, 192 Not In government employ 193 Returning from court, based on 202 Subpoena served on, after reporting to the court 199 Subpoenaed, refusing to appear 204, 205 Trans" ortation furnished, not in government employ 195 Witnesses {see aho Witnesses, Military Courts)— Distinct cases same day 201 In government employ 190j 191- 192 Journey, for return, based on 202 Navy and Marine Corps, members of, attendance as 206 Not in government employ 193 Oaths administered by civil ofHcer 183 Paid by 176 Refusing to appear 204. 205 Retired officer, subpcenaed as witness before 196 Transportation furnished, deductions for 195 Travel allowances 193, 194, 195 Turned over to an officer who serves subpoena when 205 Voucher for, must be accompanied by , 198 Courts of Inquiry. (See Courts-Martial.) Deceased : Allottee 28, 27 Beneficiary of (see Beneficiary) 213 Enlisted men— AUotter 22 Effects, disposition of 218 Retired, disposition of effects 218 Six months' pay to widow, or 213 Unclaimed estate of and funds to Soldiers' Home 219 Officer- Estate of, less than J500 212 Public funds in hands of 211 Six months' pay to widow, or 213 Wholly retired, payment of the one year's pay 931 Dental Surgeons: Authorized 221 Dections applying to contract surgeons, apply to 222 Designation of 222 Employment of, by whom 221 Supervising- Extra pay allowed 221 Number of 221 Decision or Opinion: Not authority on points incidentally referred to 157 Depositions: Fees for talcing, of witnesses lg4, 185 Witnesses making, entitled to same fees as other witnesses 203 Deposits: Abstracts of — Received, data required on 227 Accounted for, method observed 223 Allotments, overpayment of can be collected from 934 Amounts receivable as, not less than $5 223 Appropriation charged account of, repaid 229 Book, record of showing, will be kept by paymasters 813 Company commander to report all 224 Court-martial forfeitures can not be deducted from 934 Debts due, private, exempt from liability 223 934 Deposit book- Lost, affidavit made by soldier when 230 Taken up by paymaster who pays 228 Transfer, sale, or pledge of prohibited 224 INDEX. 163 Deposits— Continued. Paragraph. Deposit slip or receipt- Issued to depositor by paymaster 223 Not attested 228 Not credited on final statements 228 Deserter- Data required on final statements 228 Who has, report of, required 224 Discharge for, purchase of _ 773 Minority, or other fraud 746 Enlisted men, any may make 223 Exempt from forfeiture by court-martial _ 934 Final statements, entry on _ 228 Amoimt due on, for redeposit 226 Forfeited— By desertion 223 Can not be, by sentence of court-martial 223 Purchase of discharge, by desertion 225 Fraudulent enlistment, not forfeited except 232 Indebtedness, subject for, to United States or individua*ls 934 Indian scouts may make 224 Interest on: same as deposits as to liabilities and exemption for indebtedness- Charged to pay of the army for proper fiscal year 229 Day of discharge or retirement included-. 234, 235, 237 Day of receipt excluded 234 Dishonorable discharge, certificate held during confinement 236 Final statements not presented 234 None if period of deposit is less than six months 233, 235 None on amounts of less than S5 233 Rate allowed, 4 per cent 233 Repayment on final statements, charged " Deposit fund " 229 Not taken up, paymasters liable for, and interest 858 Not exempt from liability for any debts due the United States or individuals 934 Overpayments can be collected from, if 934 Payable on discharge 223 Only on final statements 231 Philippine Scouts may make 224 Porto Rico regiment, members of, may make 224 Receipt, separate, for amount deposited to credit of Treasurer 227 Received by paymaster deposited to credit of Treasurer 227 Check for gross amount of, not included with A. P. C 227 Reports relative to— Deserters 224 Enlisted men transferred'. 224 Required for all received, scope of 224 Transfer of, sale, or pledge prohibited 224 When express payments are made 658 When reenlisted, redeposit of all or part due on final statements 226 Descriptive Lists. (See Pay of Enlisted Men; Retired Enlisted Men.) Deserters: Absent without leave — Acquitted of desertion, reward not charged, except 262, 263 Acquittal or disapproval of sentence, does not relieve forfeiture for 250 Sentence should direct in form of stoppage 263 Acquittal of, not conclusive as to 247 Additional pay for marksmanship qualification, if restored to duty status 620 Allotments of 14,24 Apprehended in fraudulent enhstment, discharged for mental incompetency 748 Apprehension, cost of, and authorized indebtedness to have priority over forfeiture 963 Awaiting trial, confinement, serving sentence, etc., not counted in. making good time lost 256 Charge set aside as.erroneous, who may 244 Charge removed as erroneously made, pay does not accrue for absence 248 Clothing allowance. {See Clothing Allowance.) Court-martial judgment to hold, did or did not 246 Credit for overpayment to, before settlement with Soldiers' Home 857 Debts due company fund by, can not be settled from balances 966 Debts due post exchange by, can not be settled from balances 965 164 INDEX. Deserters— Continued. Paragraph. Deposits of — Data required on final statements '---^ Forfeited and interest 223 Purchase of discharge, forfeited 225 Reported to Paymaster-General -- ' Deprived of pay from date of return only by sentence of. 242 Disapproval of sentence not conclusive as to pay 247.250 Discharged without trial — Entitled to pay from apprehension to discharge 259 Travel pay forfeited 259 Without honor 259 Effects, disposition of , 240 Erroneous payment to, credited to paymaster before 857 Exempt from punishment, when 251 Expense for delivery of. (S« Deserters, Transportation Furnished.) Expiration of enlistment while absent in desertion .263 Forfeitures— .\mount of, go to Soldiers' Home, except 952 Credits for overpayments to, when allowed 857 Incident to desertion -1'^, 258 Fraudulent enlistment, apprehended in, not entitled to pay after 257, 258 Indebtedness prior to desertion 903 In confinement serving sentence. Is "in the military service" 2.55 Noncommissioned officer's warrant vacated by desertion, also applies to private first class. . . 709 Not declared a, until 238 Pay- Accrues from date of return 254, 256 Accruing after return chargeable with antedesertion debts 258 Current rate, for making good time lost 252 Disapproval of sentence 247 Discharged without trial by reason of desertion . : 269 Due under prior enUstment 260 Expiration of enlistment while absent in desertion 263 Forfeited, any due at date of desertion 243, 258 While absent 244. Former enlistment, any due under 200 Fraudulent enlistment, after apprehension 257 From date of return, deprived of, only by sentence of 242 No settlement of, until 257 Not entitled to, pending trial 245 Remittal and approval of sentence simultaneous 249 Sent by express not used to settle debts of 666 Must be returned to paymaster 666 Payment to, technical delivery before desertion, authorized indebtedness may be liq- uidated 656 Trial pending, not entitled to receive, or sign rolls 245 Pay rolls- Data required on, relative to 267 Property, public, lost by, charged on 239 Settlement of account, method observed 268 Post exchange, debts due, can not be settled from any balances 965 Priority of indebtedness and forfeitures 963 Term of enlistment expiring while in desertion 963 While in confinement awaiting trial or serving sentence 963 Restored to duty without trial- Forfeitures of pay and allowances after, not to be made conditional 243 Subject to same forfeitures as if convicted 261, 262 Will not be, except 244 Reward for apprehension — Acquitted of desertion — Not charged with, unless 263 Sentenced to stoppage amount paid as 262, 263 , Remitted 263 Amount of 241 Charged with, if convicted 261, 262 Expenses incurred, included in 241 Not charged with, when not tried by court-martial, but discharged 264 Paid by 241 INDEX. 165 Deserters— Continued. Paragraph. Term of enlistment expires while in confinement 254 Term of enlistment expires while in desertion 253, 254 While awaiting trial 254 Time of confinement not counted as making good 256 Transportation furnished to, or on account of— Acquitted of desertion, found guilty of 262 Charged to, if convicted 261,262 Claim for, priority over forfeitures after apprehension 963 Travel pay forfeited,' if discharged account desertion 259 Trial, not entitled to pay pending result of 245 Tried by illegally constituted court- No obstacle to further facial by competent court 255 Sentence null and void 255 Status same as before trial 255 Witnesses at trial of, cost of travel allowances 201 Desertion: (See also Deserters.) Enlisted men- Acquitted of cnarge, reward for apprehension 262, 263 Additional pay for marksmanship qualifications if restored to duty 620 Allotments — Terminates, acquittal of charge does not renew 14 Unpaid to allottee forfeited 24 Dates from 238 Deposits forfeited by 223 Forfeitures incident to 223, 243, 258 Fraudulent enlistment, discharged for mental incompetency 748 Noncommissioned officer's warrant vacated by, also applies to private first class 709 Officers- Absent without leave for three months dropped from rolls of army 976 Discharge : Account of death of parent, entitled to travel pay 1002 At point remote from railroad station, distance to, noted on 760 Cadets at Military Academy. (See Cadets.) Certificate of, lost 755 Civil authorities- After conviction and pardon by, and return to military control 751 After conviction by, but before pardon by 751 While in hands of 749 Without honor, not entitled to pay and allowances 750 At expiration of term and awaiting trial 762 Clothing allowance. (See Clothing allowance.) Confinement, while in, or awaiting trial or sentence 742 Convenience of the Government to reenlist 736 Death of parent 735 Deserter- Deposits forfeited 223 Desertion, by reason of, without trial 259 Travel pay forfeited 259 Deposits- Dishonorable dfecharge, subject for indebtedness to United States or individuals 934 Forfeited, can not be, by sentence of court-martial 223 Fraudulent enlistment, final statements not issued, unless 746 Interest- Ceases on date of 233 Dishonorable dKcharge, none after date of 236 Final statements not presented, ceases 234 Not allowed for periods of less than 233, 235 Not allowed on amounts of less than 233 Payable on, only on final statements 231 Disability for, ascertained, noted on fijial statements 758 Dishonorable- Deposits and interest, subject for indebtedness to United States or individuals ^ 934 Held to service as prisoner awaiting, not entitled to pay after 744 Illegal, transportation from military prison to home 998 Interest on deposits, none after date of 236 When effective 745 Effective, when 738, 739 Expiration of term, can not be reenlisted until next day 737 166 INDEX. DIscliarge— Continued. Paragraph. Favor, by 735 Forfeitures, remits unaccrued 972 Fraud, by reason of, final statements not furnished except for deposits 746 Furlough, while on, by expiration of term, when effective 739 Held to service — Entitled to pay — Rate of 741 Until 740 To stand trial : 743 Honorable, none other considered for pay purposes in future enlistment, except 093 Indian scouts may be, at discretion of -74 Mental incompetency, for, after apprehension in fraudulent enlistment 748 Minority concealed or other fraud 746 Notations on final statements paid or transferred 762 Notification of, requirements as to 7ri3 Number of men on same day, form prescribed 767 Nurses paid, on rolls prepared by 430 Officers (commissioned) — Entitled to pay until 510, 512 For failure to pass examination entitled to travel pay '1019 Shall not reci-lve final pay until 509 With one year's pay If 606 Outside the Unilccl .States, notations as to transportation and subsistence furnished 769 Pay, entitled to, for days of enlistment and discharge 762 Price for purchase 769 Deposited, forfeited by desertion " 225 Prior to expiration of term, notations on final statements 7(il Purchase of— Authorized 768 Deposit for 77,1 Notations on final statements as to previous service 769 Organization commander should forward money for deposit '773 Price of, and must be noted on final statements 769-770 Regulations governing application for 77I Remission of purchase price 772 Travel pay retained by Government 1005 Recruits are entitled to pay on , unless 747 Sentence, while awaiting, by expiration of term 742 Surgeon's certificate of disability, ascertained, noted on 758 Trial, while awaiting, by expiration of term 742 Typewriting machine, preparing, and final statements prohibited ; 719 Distances, How Computed. (See Mileage.) Effect.s : Deceased- Enlisted men- Disposition of 218 Retired, disposition of 218 Unclaimed funds of, go to Soldiers' Home 219 Deserters, disposition of 240 Escaped military prisoners, disposition of 220 Electricians, Casemate. (Se« Pay Enlisted Men; Additional Pay.) Employees. (See Clerks in Military Employ.) Engineer Corps: Constitute part of line of army — Enlisted force of 265 Olflcers of, on duty with enlisted force of 265 Traveling expenses, purpose of instruction oflScers Engineer School, payable by 352 Enlisted Men: Allotments. (See Allotments.) Additional pay. (See Pay Enlisted Men.) Beneficiary. (See Beneficiary.) Bonus, for reenlistment. (See Pay of.) Certificate of merit. (See Certificate of Merit.) Checks m part payment of, serving in foreign possessions gX Checks on distant depositary issued in payment of discharge, procedure 754 Clothing allowance. (See Clothing Allowance.) INDEX. 167 Enlisted Men— Continued. Paragraph. Committee or guardian of 603 Continuous-service pay. (See Continuous-Service Pay.) Deceased , disposition of effects 218 Expenses of interment. (See Beneficiary.) Deposits (See Deposits.) Deserters. (See Deserters.) Discharge certificate, notations on, of final payment 752 Lost, Secretary of War may furnish 755 Effects. (See Effects.) Enlistment period. (Sec Continuous-Service Pay.)' Erroneous payments to— Fact of, reported to company commander 582 May be collected from deposits and travel pay 934, 1018 Extra-duty pay. (See Extra-Duty Pay.) Final statements. (Sec Final Statements.) Foreign service pay. (See Foreign Service Pay.) Fraudulent enlistment, deserter serving in 257 Guardian of (or committee) 503 Hospital Corps. (See Hospital Corps.) Indian scouts. (See Indian Scouts.) Laundry, post indebtedness to, how settled 948 Noncommissioned officers. (See Noncommissioned Officers.) Number, to be discharged same day; form prescribed 767 Pay of. (5ce Pay Enlisted Men.) Pay on discharge. (See Pay on Discharge.) Philippine scouts. (See Philippine Scouts.) Porto Rico regiment. (See Porto Rico Regiment.) Reenlistment after discharge for convenience of Government 736 Can not, unless previous term has been honest and faithful 6S6 Service, other than honorable not considered for increased pay for length of 693 Transfer of, when effective 732 Witness before- Civil courts' fees 207, 208 Congressional committees 208 Erroneous Payments to Enlisted. Men: Fact of, reported to company commander 582 May be collected from deposits and travel pay 934, 1018 To deserter. (See Deserters.) Exchange : Allowed acting paymasters on foreign service 442 (See also Public Money — Foreign Exchange.) Expert Accountant, Inspector-General's Department: Pay of 266 Traveling expenses 266 Expert Riflemen. (See Pay Enlisted Men — Additional Pay.) Express or Registered Mail. (Se« Payments by.) Extra-Duty Pay: Confirmatory orders will show 662 Data required on pay rolls 662, 663 Enlisted men staff departments, not entitled to, unless 667 Holding artillery rating can not be detailed for 622 Foreign service pay, if in receipt of, not entitled 668 Serving in Alaska 669 Named in orders before entering on detail, except 662 Noncommissioned officers mustered for 665 None for less than ten days' service 661, 664 Not considered part of monthly pay for purpose of court-martial forfeitures 958 Pay department authorized to pay 661 Pay rolls must show performance of duty for ten days under same detail 664 Post noncommissioned staff not entitled to, unless 667 Rate lor, per day 661 Service to entitled to — Artillery district engineer, ordnance offices 661, 663 Need not be continuous 662 Switchboard operators 661 Signal service men not entitled to, unless 666 Not entitled to, unless detailed as switchboard operators by authority of Secretary of War. 666 168 INDEX. Fees: To porters, waiters, and others. (See Mileage, elc.) I'arasTiiph. Witnesses. (See Courts-Martial.) Final Pay or Officers: Certificates of nonindebtedness required , 928 Final Statements: Allotments deducted on ^5 Amounts noted on, to be expressed in words and figures. ., 874 Assignment of — Not in conformity with regulations 39 Not revocable 35 Not signed by assignor ''(' Officers, except, may purchase as an accommodation -I-IS Regulations governing 35 Shall not be made before discharge 35 To custodian of company fund 38 To post exchange 37 When assigned can not be paid ivith currency 31 Bear same date as certificate of discharge 738 Certificate of discharge lost, paid by auditor 756 Check on distant depository issued in payment, procedure 754 Civil authorities, soldier in hands of, at expiration of term 762 Clothing— Any overdrawn, charged on 107 Any undrawn, credited on 107, HI Discharged while In hands of civil authorities 762 M'hen allowance balances, notation on Ill Contract surgeons may issue, when 169 Deposits- Credits for, noted on, not in accord with deposit sUps 228 Deposit book— Lost — Affidavit required 230 Responsibility for amount paid 230 Not attested 228 Taken up by paymaster 228 Discharged and no other amounts due, subject for indebtedness to United States and indi- viduals 758, 934 Forfeited by desertion, data required on 228 Noted on, in words and figures 228 Paid only on 231 Discharged — At point remote from railroad station 760 Dishonorable, deposits subject for indebtedness to United States and individuals 758 Disability ascertained, noted on 768 Forfeiting all pay and allowances, none issued except 768, 934 For reenlistment, withheld until 736 Fraud, for, not furnished unless 746 Outside United States, transportation furnished, notations on 759 Prior to expiration of term, notations required on 761 Notation of order directing discbarge, not sufBcient 961 Duplicate, furnished in, on discharge, by whom 758 Erasures, interlineations, or corrections on 758 Erroneous, resi>onsibiUty for payments on 763 Extra-duty pay, data requured on 662, 665 Forged, paymaster's responsibility for payments of 753 Form prescribed, number of men discharged same day 767 Furlough, term of service expires while on 739 Held in service — Cause to be shown on 740 Clothing allowance 110 Furnished as of date actually discliarged 762 Noncommissioned officers and members of bands lose status as such, except 710 Pay- Entitled to, until 740 Rate, entitled to 741 To stand trial for an offense ", 743 INDEX. 169 Final Statements— Continued. Identity of soldier— ' Paragraph, Check issued on distant depository, how established 754 Presenting for payment, in doubt, procedure 753 Interlineations on 758 Items to be paid on are those shown 765 Loss of, if reported to any officer, procedure 756 Lost, payment by auditor delayed six months 757 Money amounts noted on, to be expressed in words and figures 874 Not furnished if all pay, etc., is forfeited, except 758 Notification of discharge- Requirements as to 763- Ordnance charges noted on, verified 937 Payment of— Appropriations which will be charged 229, 765 Assigned, can not be paid with currency 31 Fraudulent, responsibility 753 In advance of discharge is illegal 766 Notations required on certificate of discharge 752 Only such correct items as appear on assigned 36 Only when presented In duplicate 764 Paid by redeposit of all or part 226 Post exchange, debts due, collectible from any credits except travel pay 944 Purchase of— Disbursing officer or clerk of shall not 443 Officer may as an accommodation, certificate required 443 Purchase of discharge- Authority for 768 Deposits for, amount of, how treated 773 Notations on, as to previous service 769 Price for, and to be noted on 769, 770 Regulations governing application for 771 Remission of purchase price 772 Travel pay retained by Government 1005 Short payments on, settled by auditor 852 Subsistence, charges for, noted on, report required 939 Transfer of. (See Assigned Accounts.) Transportation furnished on— Deductions by paymaster, account of 997 Notations of, by issuing officer 997 When discharged outside of United States 759 Typewriting machine prohibited in preparation of 719 Foreign Service Pay: Contract surgeons are not entitled to 161 Enlisted men- Ceases with day of return to United States 670 Commences with day of departure from United States 670 Hawaii, not payable for service in 671 In receipt of, not entitled to extra-duty pay 668 Increase of 20 per cent for service outside United States, except 670 Payable on — Additional pay 672 Certificate of merit 672 Pay proper, including service increase 672 Porto Rico, not payable for service in 671 Return to United States delayed by own fault 674 Service, which entitles to 670 Transport service- Attached to, not entitled to, while so serving, except 673 Interisland, Philippine, attached to, are entitled to, if 533 Zeigler Polar Expedition, not entitled to, while on 673 Officers- Additional pay on which increase is computed 529 Allowed for all service outside United States, except 522 Ceases with day of return to United States 522 Charged on monthly pay accounts 49, 524 Delay granted, in returning to United States 530 170 INDEX. Foreign Service Pay— Continued. Officers— Continued. Paragraph. Duty outside United States- Specific, at some particular place and then return 526 Temporary nature, not seriously interfering with travel 525 Hall-pay status before arrival in United States 530 Hawaii, not payable for service in 523 Leave of absence, half-pay status before arri\'al in United States 530 In United States not entitled 528 Mounts, pay for, included in computbig 529 Paid on pay voucher with salary for period covered 49, 524 Panama Canal Commission, serving with, not entitled to 634 Pay proper defined 529 Payable on 529 Paymasters' clerks entitled to 474 Porto Rico, not payable for service in 523 Revenue steamer, officer doing duty on, not entitled to 531 Ten per cent increase allowed on pay proper 622 Temporary duty in United States, not relieved from foreign stations 527 Transport service — Attached to, not entitled, while so serving, except 632 Interisland, Philippines, attached to, are entitled to if. 533 Wholly retired, not entitled 928 Witnesses before court-martial in United States not entitled 528 Veterinarians entitled to 1022 Forfeitures. (Sw Stoppages.) Funds. (.See Public Money; aUo Payments by Express or Registered Mail and Chief Paymas- ters.) Fraudulent Enlistment. (Sec Pay Enlisted Men; aiao «e« Deserters): Discharged for mental incompetency 748 Minority or other fraud ." 746, 1009 Does not count for contmuous service pay, except 692 Not entitled to arrears of pay under, unless 594 Payment made to those serving in 591 Proper payment in, credited to 866 Qualification of gunner or marksman during, nullified if 621 Furlough.: Enlisted men — Pay, shall not receive, while on, unless 681 Retumhig from, not relmbrused for expense of 941 Subsistence furnished while on, cost collected 941 Transportation furnished while on, cost collected 941 Oarnlslinient : Not recognized 979 Guardian, or Committee, when Appointed: Requirements 603 Gun Commanders. (See Pay Enlisted Men.) Gun Pointers. (See Pay Enlisted Men.) Gunners, Field and Coast Artillery. (See Pay Enlisted Men.) Half Pay to Officers: How treated 279 Higher Command in Time of War: Command must be appropriate for grade 635 Officers serving with troops operating against an enemy 535 Orders to assume 536 Pay for, not to exceed that for brigadier-general 535 Voucher, orders, and statement of services filed with 536 Horseshoers. (See Pay Enlisted Men.) Hospital Corps: Acting cooks, rating and disrating 270 How appointed 704 Not entitled to three mo\iths' bonus 637 Number authorized 270 Appointments, privates first class, on reenllstment 268 Enlisted men of, not included as part of effective strength of the army 267 Enlistments for 268 Lance corporal, data required on pay roll 268 INDEX. 1*71 Hospital Corps— Continued. Noneonimissiont'd officers — Paragraph. Appointment of 269 Desertion vacates warrant 709 Applies to first-class privates 709 Pay oommencBS 702 Reduced, may be, by, e.xcept 271 Eeenlistment ol 268 Warrants may be continued on reenlistment, if 208 Privates, first-class — Appointed by 269 Reduced by .-. 271 Hospital Fund: Regarded as a company fund 949 Hospital Matron: Leave, not entitled to pay and rations while on 273 Pay ot 272 Increased Pay: Acting commissary. (See Acting Commissary ot Subsistence.) Acting judge-advocate. (See Acting Judge- Advocate.) Aids. (See Aids.) Brevet rank does not carry 515 Certificate of merit. (See Certificate of Merit. ) Clerks in military employ, none for doing work of court-martial 178 Coast Artillery, for special ratings in 603 Continuous-service pay. (See Continuous-Service Pay.) Dental surgeons, supervising 221 Electricians, casemate. (See Pay Enlisted Men.) Enlisted men at Military Academy 394 Expert riflemen. (See Pay Enlisted Men.) Extra-duty pay. (See ExtrarDuty Pay. ) Foreign-service pay. (See Foreign-Service Pay.) General staff. (Sec Stall Corps.) Gunners. (See Pay Enlisted Men.) Gun commanders. (See Pay Enlisted Men.) Gun pointers. (See Pay Enlisted Men.) Higher command. (See Higher Command in Time of War.) Loaders. (See Pay Enlisted Men.) Longevity pay. (See Longevity Pay.) Marksmen. (See Pay Enlisted Men.) Medal of honor does not carry 659 Mess sergeants. (See Pay Enlisted Men.) Military Academy, officers detailed at. (See Military Academy.) Mounts, pay for. (See Mounts, Pay for.) Observers. (See Pay Enlisted Men.) Ordnance Department. (See Staff Corps.) Philippine constabulary, officers detailed with 551 Philippine Scouts, officers serving with. (See Philippine Scouts.) Planters. (See Pay Enlisted Men.) Plotters. (See Pay Enlisted Men.) Public buildings and grounds, officer in charge of 546 Ratings in Coast Artillery 603 Regimental, battalion, or squadron staff. (See Regimental, Battalion, or Squadron Staff.) Retired officers on active duty. (See Retired Officers.) Sharpshooters. (See Pay Enlisted Men.) Signal Corps, officer detailed in executive offices 547 Special ratings in coast artillery. (See Pay Enlisted Men, Additional Pay.) Volunteers on discharge. (See Volunteers.) War pay 733 Indian Scouts: Authority for 274 Clothing allowance same as other enlisted men 274 Continuous-service pay 278 Deposits may be received from 224 Discharge of 274 Enlisted and reenlisted under direction of 277 Farrier, not authorized 277 172 INDEX. Indian Scouts— Continued. Paragraph. Horseshoers, not authorized 277 Horse, etc., lumished by, increased allowunce 275 Increased pay allowed if 275 Noncommissioned officers of 276 Pay- Continuous service 278 Horse, etc., furnished, increased allowance, if 275 Rate of 274 Travel pay, entitled to 278 Insane : Data required to be filed with each pay voucher 503 Deserters discharged for mental incompetency from fraudulent enlistment 748 DisquaUfled from signing name, law requires 503 Guardian or committee appointed, how to sign accounts 503 Letters of conservatorship issued in one State, creditor moves to another 504 Officers ordered to Government Hospital for, mileage 347, 350 Data required with pay vouchers 603-504 Public funds, in hands of, officer 211 Signature of. 603 Insular AlTalrs, Bureau of. (See Pay Commissioned Officers.) Insurance of Puftllc Money. (See Public Money.) Interpreters to Courts-Martial: Allowances 180 Land-Grant Railroads, List and Maps of. (See G. 0.,41, 1907.) Laundry (sec also Clothing Allowance and Stoppages Enlisted Men): Licensed, revocable by War Department; not a post laundry 948 Post, debts due, not entered on until 948 Charges due, indebtedness to United States 936 Erroneously taken up on abstract of collections, how treated 950 Leave of Absence: Aids, appointed or relieved while on 519, 520 Alaska, officers serving in 291,292 All authorized absence from duty counts as, except 284 Authority for granting 279 Cadets, Military Academy 401 Chiefs of bureau may grant, to those serving immediately under 434 Civil employee attending court as witness 103 Command, assuming, while on transport 324 Commenced, terminates when 288 Commutation of quarters while on 132 When returning to United States, to go on 133 (Contract surgeons- Dates of, indorsed on contract 164 Leave credits, what entitled to 165 Status while on Igg- Cumulative — Amount of, limitations 280 Cadets, Military Academy, on graduation 401 Computation of 281, 282 Information as to, data required in request for 283 One day additional, June 20 to 30, 1910 281 Volunteer service 290 Delays- All counted as, unless 286 Granted only by 286 Unavoidable, returning from, may be excused by 285 Dental surgeons. (See Contract Surgeons.) Departure, day of, is a day of duty 288 Foreign possessions. (See Leave of Absence, Without the Limits of United States.) Foreign service pay— Delay granted in returning to United States 530 Half-pay status before arrival in United States 530 Granted, will be in terms of 288 Officer takes it at his own risk 359 Half pay while on, how treated 279 Hunting leaves, regarded for convenience of Government 234 INDEX. 173 Leave of Absenc^ — Continued. Paragraph. Instructors, military service schools, not counted 295 Leave year- Commences July 1 of each calendar year, with leave year 1911 287 Computation of time 281, 287 Medical Reserve Corps, officers. {See Medical Reserve Corps.) Mileage on. {See Mileage.) Military Academy, officers on duty at 393 Military service schools, instructors and students 295 Militia in encampment, not entitled to pay if on 417 Nurses. {See Nurse Corps.) Pay status while on 279, 280 Paymasters' clerks 481 Payment while on 296, 496 Not to be indorsed on orders 296 Reports — Arrival at any headquarters 466 Close of each month 462 Data required in 463, 464 Resignation accepted while on, pay of 511 Retired officer on active duty 916 Return, day of, is a day of absence 288 Service schools, instructors on absence from, not counted as 295 Sickness, account of .' 279 Students, military service schools, counted as 295 Temporary duty, ordered to, while on 289 Termination of, must find officer at his station 288 Veterinarians, same status as commissioned officers 1025 Without the limits of the United States- Absence from Philippine Islands other than to return to United States 294 Assuming command of troops on transport 324 Commences when returning to the United States 291, 292 Failure to secure transportation on returning to 293 Granted in, to return to the United States 291,292 Time credited in addition is 292 liOngevlty Pay: Computation of^ Colonel, pay of, shall not exceed 538 Lieutenant-colonel, pay of, shall not exceed 538 Major, pay of, shall not exceed 538 On yearly pay of grade 537 Ten per centum for each five years of service 537 Not to exceed 40 per cent 538 Militia in encampment not entitled to 419 Not computed on pay as A. C. S 548 Not computed on pay as aid , 518 Payable to— Officers below grade of brigadier-general 537 Those having assimilated rank 537 Veterinarians 1024 Service counted— Cadets at Military or Naval Academy 541 Suspended without pay, time counts 541 Enlisted, regular or volunteer 540 From date of acceptance 539 Marine Corps 540 Navy 540 PajTnasters' clerks 542 Service not counted for— Clerk or messenger in 544 Contract surgeon 543 Marine Hospital 545 Volunteer time between enrollment and muster in 540 Map— Lana- Grant Railroads. {See G. O. 41, W. D., 1907.) Marksmen. {See Pay Enlisted Men; Additional Pay.) Medal of Honor: Does not carry additional pay 659 174 INDEX. Medical Corps: I'araKraph. Joining first station, mileage to '""' Militia — Attending military service schools. (See Militia.) In encampment, captain and assistant surgeon, pay of 420 Promotion in— Examination lor, lailure to pass 506. 903 First lieutenant to captain, after three years 297 Service computed from date of acceptance 297 Major failing to pass for, retired ^3 Medical Reserve Corps: Pay- Active duty, when on 298 Relieved from, not a final account SOU Appointed from contract surgeon 299 Commences from date of active duty 298,299 Joining first station, mileage to 306 Leave credits, earned as contract surgeon, not entitled to 300 Lonfievity pay, entitled to 298 Pay and allowances first lieutenant, Medical Corps 298 Promotion, not entitled 298 Travel pay on discharge 1013 Retirement 298, 895 Mess Sergeants. (Sec Pay Enlisted Men; Additional Pay.) Messenerors: Military headquarters, at, paid by 100 Appointment 102 Oath 102 Pay 102 Promotions 102 Salaries fixed by annual appropriation act 100 Paymasters- Civil service appointee 491 Emergency appointment 492 Oath of office not necessary 492 Pay commences 491 Pay voucher, approval of 493 Mileage: Accounted for as such 812 Accounts, assignment of. (See Assigned Accounts.) Accounts for, paid by 316 Actual expenses- Accounts for, must be itemized 327 Alaska, for travel In 322,323 Travel In or through, defined 323 Sea travel- Assuming command of troops on transports 324 Authority for payment of actual expense 321 By commercial steamer for own convenience 328 Certain, that is paid for on basis of land travel 302 Charges authorized 325 Coast-guard vessels, Philippine Islands 304 Fees. (Sec Tips below.) In home waters, in Philippines, in Hawaii, and Alaska, none (see Mileage) 321 Isthmian Canal Commission, none 310 Relieved from duty with, ordered for military duty, entitled to 310 Itemized statements required 325 Payable to whom 321 Philippine Islands to San Francisco — Transferred to and joins another organization on arrival 365 Shore expenses, none included in payment of, except 321 Tips- Government transports, not authorized on 325 Must be itemized 327 Rate authorized on commercial steamers, itemized - 325 Transportation furnished — Covering meals and berth 312 By other than official route 311 Witness to issue of annuity goods to Indians, payable from 349 INDEX. 175 M lleage— Continued. Paragraph. Allowances for— Changed durmg performance of journey 319 Rate per mile _ 301 Artillery district- Commanders of— Can not direct travel carrying ^343 May be accompanied by, if authorized by 343 Authorized 301 Cadets, Military Academy- Entitled to, on joining after graduation 306 Not entitled to, if discharged 399 College detail, leave taken without specific orders granting 369 Command ordered to change station, officer sick at time of change 364 Contract surgeons- Allowance same as for commissioned officers, authority for 170 Annulment of contract— At own request 172 Travels without orders before annulment is made 174 Entitled, where to 172 For misconduct or neglect of duty 172 To accept commission 175 While on leave of absence 173 Joining for first duty 172,306 Witness, ordered before court-martial 171 Deductions- Government conveyance used 313 Land-grant railroad on official route, change of station while on leave 367 Transportation furnished — Covering meals and berth 311, 312 Disposition of 329 Longer route than one usually traveled 332 Rate at which made ■. 329 Sleeping-car accommodations 329 Travel for which, must be made 330 Dental surgeons, same as contract surgeons. Discharged to take effect at future date and ordered home 1017 After tender of resignation, entitled to, if 1017 Distances — Between United States and— Cuba, how computed 336 Philippine Islands, how computed 336 Porto Rico, how computed 336 Equal to that from old to new station, land-grant portion how deducted 367 Impracticability of usually shortest traveled route 334, 335 Longer than usually traveled, unless 303 Official tables govern absolutely 333 Orders prescribing longer route 335 Routes established by 301 Shorter route than usually traveled one 335 Table of, compiled by 301 Travel by longer route than usually traveled one, necessity of 334,335 District- Entitled for travel within, when 337, 338, 339 Not entitled to, for travel within, when 339 Engineer corps- Travel expenses of officers, Engineer School, traveling for purposes of instruction 352 In home waters, in Philippines, Hawaii, and Alaska 321 Insane officer sent to Government Hospital for the Insane 347, 350 Inspections- Artillery district — Commanding officer of, if ordered by 343 May be accompanied by, if authorized by 343 No travel orders will be issued, except 343 Authorized bylaw and regulations 340 Department commander, annual, may be accompanied by 342 Entitled to, for certain 341 Militia, expenses in excess of allowance 346 176 INDEX. M Ueage— Continued. Inspection-Continued. Paragraph. Not entitled to, for certain ^■" Ordcre issued under authority of, are competent 345 Philippines Division, in, ordered by 3'*' Special, restricted to officers of ^^^ Troops, of, orders for, shall designate ■'''' Joining for first duty- Entitled to, who are 3"'' Not entitled to, who are 347 Land-grant railroads, list of. (See G. O. 41, \\. D., 1907.) Leave of absence — Change of station — Advantage taken of, while under orders to 362 Grapted before assignment of new station 36", 3C1 Hospital, while In, to which ordered for treatment 368 New, designated whUe on 366 Ordered for future date, takes, orders for new station revoked 363 Sick at time command changed station 364 Under orders for, with command, takes advantage of 364 When ordered to proceed to and report for future orders 361 While on, from station or temporary duty ' 366, 367,368 While on, land-grant railroad involved in travel for which 330 While performing temporary duty from a leave status 368 College detail, on, takes, without specific orders granting 369 Enlisted men commissioned, takes, before joining 306 Ordered while on- Home to await retirement 357 Retired for age, leave expired same day, should have been at his station 357 To rejoin station 354, 366, 368, 359 For temporary duty 354 Station changed while on 366 Temporary duty- Ordered to, while on 354, 368 And station changed prior to leave 367 Ordered to rejoin station from duty with recruits 356 Militia- Encampments- Mileage to army officers attending 315 Inspection of — Data required with voucher 346 Expenses allowed for travel on 346 Itemized statement of 327, 346 Payment of voucher for, made by 346 Tips must be itemized 327 Military service schools, officers of, attending- May be paid on reporting for duty 404 Same rate as for officers of Regular Army 403 Participating in encampment- No provision for payment of mileage to 422 Not entitled— Cadets, officers in command of and traveling with 348 Charge of escort traveling on government conveyance 351 Recruits 353 Engineer corps- Travel expenses, purpose of instructions 353 Engineer officers traveling for purpose of instruction 362 Isthmian Canal Commission, traveling on business of 310 Joining for first duty 347 Orders for travel issued by a governor of a State 379 Required to rejoin station owing to public exigency while on 359 Sent to hospital for insane under escort 347 Subpoena 378 Transferred from one hospital to another 347 From one organization to another at own request 347, 366 Traveling with troops defined 353 Witness Issue of annuity goods to Indians 349 INDEX. 177 Mileage— Continued. Orders— Paragraph. Approval of voucher when not entitled under 373, 374 Competent 301 Conflrmatory, should recite 372 Directing travel, must accompany voucher 317 Duty, specific, to be stated in 370 Effective until 377 Entitled to, in obeying proper 307 Form of, required by law 370 General oflQcers — Ordered beyond limits of their command 371 Ordered to change station, may issue orders for 371 Governors of States can not issue, which carry 379 Inspection of troops, will designate 376 Issued, must be, before commencement of travel, except 372 Longer route than usual prescribed in 335 Payment of troops and posts will designate 376 Philippine Islands to United States in cases of emergency 371 Philippine Scouts under orders from constabulary 380 Reference to several vouchers relating, during month 317 Regulations, travel in violation of, may be approved by 373, 374 Subpoena is not an order, not entitled to mileage in obeying 378 Transportation furnished must be noted on 317 Travel lines of, will not be prescribed, except 375 Will not direct travel beyond limits of command, except 371 Payments — Chief paymaster to make 316 Dissatisfied with amount received, procedure 320 Made from sums appropriated for that purpose 315 Made in department in which journey ends, except 316 Militia, inspection of, expenses in excess of 346 Short, may be adjusted, method 320 Public works, travel in connection with 309 Rate authorized by law 301 Rate per mile changed during performance of journey 319 Resignation tendered, ordered home for discharge, entitled to 1017 Retired officers — Detailed on active duty, may select home on relief from such duty 924 Entitled to, for travel without troops under competent orders 923 Entitled to their homes which they may select 924, 925 Journey home delayed by illness, claim presented to auditor 926 Reasonable time construed as within one year 927 To home must be performed within reasonable time 925 Ordered before court-martial by , as a witness 196 Retired while on leave and ordered home 357 Subpoenaed as witness before court-martial, not entitled to 196 Sea travel. (,See Mileage, Actual Expenses, Sea Travel.) Station changed— Leave of absence — Hospital, while in, to which ordered lor treatment 368 Taken, ordered to temporary duty, then ordered to obey first order 362 While on, land-grant road involved in travel for which 330 Of general officers, may issue orders for personal staff 371 Under orders lor, with command, officer sick at time of change 364 Temporary duty- Ordered to, on completion to obey first order 362 Ordered to rejoin station from, when on leave 355,356 Ordered to rejoin station from duty with recruits while on leave 355 Station changed while on, or leave from station 366, 367, 368 Transportation- Alaska, travel in, entitled to cost of 322 Deductions — Disposition of 329 Must be made for certain travel 330 Rate at which made 313,329,330 Transportation furnished by- Longer route for entire journey 332 For part of journey 332 54748°— 10 12 178 INDEX. Mileage— Continued. Paragraph. Transportation— Continued. Failure to secure, over aided roads 331 Furnished- Can not be, on vessel other than transport 326 Covering meals and berth 312 By other than official route 311 Longer route for entire journey 332 For part of journey 332 May be for entire journey 329 Must be secured for all travel over aided roads 330 Noted on orders directing travel 317,318 On Government conveyance 313 Request of officer over longer than official route 318 Hired, by officer, not entitled to reimbursement 314 Travel- Aided roads, transportation must be secured 330 By commercial steamer for own convenience 327 Engineer officers, for purpose of instruction 352 Escort, with 305 In charge escort traveling on Government conveyance 351 In connection with public works 309 In district- When entitled 337, 338, 339 When not entitled : 339 Inspection of troops, orders will designate 376 Isthmian Canal Commission, on business of 310 Longer route than usually traveled 303, 335 On all business of military character 315 Payment of troops, orders will designate 376 Permission to, does not entitle to mileage 308 Shorter route than usually traveled 335 Transportation may be obtained for entire 329 With Philippine constabulary under orders of 380 Without troops — Defined 305 Determined what is, by whom 305 Troops— Not entitled to, when traveling with 353 Recruits travel with 353 What constitutes travel with 353 Who determines what is travel without 306 Veterinarians, same status as commissioned officers 1026 ^^ouchers for— Orders directing travel must be filed with 317 Paid by chief paymasters 3I6 Supplemental 320 Military Academy: Additional pay— Officer of line serving In quartermaster's office 392 Treasurer, quartermaster, and commissary cadets 39I Appropriations accounted lor under distinct heading gl2 Adjutant, pay of 332 Assistant professors, pay of 3g7 Cadets. {See Cadets.) Chaplain of— Longevity pay, entitled to jgg Pay and allowance of 'jjg Term of service ggg Commandant of cadets, pay of 381 Enlisted men serving at, extra pay of 394 Instructor of ordnance, etc., pay of 385 Languages, associate professor of, pay of 386 Leave of absence of officers on duty at — May be granted by superintendent 393 Superintendent under provisions of Revised Statutes 393 Suspension of studies during 393 INDEX. 179 Military Acaaemy— Continued. Paragraph. Master of sword, pay of 389 Mathematics, associate professor of, pay of _ _ 386 Military hygiene, professor of, pay of 384 Music, teacher of— Longevity pay, entitled to 390 Pay of 390 Retirement, entitled to 390 Professors, pay of _ 383 Senior assistant instructors, pay of 387 Superintendent, pay of 381 Military Attaches: To embassies and legations- Commutation of quarters, entitled to, from 130 With foreign army in the field to obtain military information- Commutation of quarters, entitled to, from 130 Military Commissions: Expenses of, paid by pay department 176 Military Prison Guards. {See Pay Enlisted Men.) Military Prisoners: Disposition of effects of escaped 220 Reward for apprehension of escaped 220 Mllltla: Encampment, participating in, with Regular Army — Government employees entitled to pay 421 Mem,bers of in joint maneuvers- Detailed by Secretary of War, but not mustered, not entitled to pay 411 Mileage, not entitled to 422 Mounts, below grade of major- Entitled to, when required to be mounted ., 413 Pay for— Oflacers of cavahy and field artillery assigned to duty with, entitled to when mounts are owned and maintained at place of duty 558 Retired officers, assigned to duty with, not entitled to, unless order provides 559 Organization, grades authorized while at 412 Pay- Captain and assistant surgeon, of grade 420 Ceases and commences, when 410, 414 Continuous service, not entitled 419 Held to camp subsequent to departure of troops 416 Hospital, entitled to while in, if 414 Leave, not entitled to 417 Longevity, not entitled to _ 419 Officers filling vacancies in lower grade 418 Ordered to camp in advance of troops 416 Same as like grades in Regular Army 409 Thirty-first day of month counts as one day 415 Payment of, while at, rules governing 410, 414 By Army paymasters, when 409 Retired officer, assigned to active duty to inspect 912 Entitled to active duty pay 912 Entitled to pay as militia officer 421 Unless on active duty status 913 Signatures on rolls must be personal 416 Inspection of, by officers of the Regular Army- Mileage- Allowance for, less than expenses incurred 346 Appropriation reimbursed, method 346 Data required with voucher 346 Voucher covering any excess paid by 346 Military service schools, officers of, attending— Commutation of quarters- Captain and assistant surgeon ^ 406 Ceases when 407, 408 Commences when 405 Due only when in actual attendance 405 Entitled to, of grade 403 Quarters in kind can not be furnished 404 180 . INDEX. Mllltia— Continued. Military service schools, officers of, attending— Continued. ParaRraph. Commutation of subsistence- Ceases when 407, 408 Commences when <05 Due only when in actual attendance '^05 Payable by pay department 404 Rate authorized - - . . . - 403 Entitled to— Commutation of quarters of grade 404 Commutation of subsistence at 404 Mileage 404 Mileage- May be paid on reporting at school 404 Same as officers of Regular Army 404 Reexamination after close of school term 407 Student officers- Promotion of, from date of acceptance 404 Vouchers — Authority for attending filed with first 405 Certificate of attendance filed with 406 Mounts, Pay Tor: Accounts prepared in advance should not include 49 Accrues only where mounts are actually available at station 554 Artillery districts, staff officers, who are certified as required to be 560 Authority for 552, 553 Certificate specifying exclusive ownership and place of maintenance 553 Educational institutions, officers cavalry and field artillery, assigned to duty with, entitled to, when mounts are owned and maintained at place of duty 558 Entitled to, who are 555, 5G0 Foreign service when on, payable in department where serving 49 Foreign service increase computed on 529 Furnished to officer required to be mounted below grade of major, not entitled to 552 Militia, organized, retired officer assigned to active duty with, not entitled to, unless order assigning provides '. 559 Officers of cavalry and field artillery assigned to duty with, entitled to, when mounts are owned and maintained at place of duty 558 Officers who are viewed as on mounted duty 555 Temporarily attached to staff corps, quartermasters constructing 556 Orders to state duty requiring 556 Payable when on foreign service in department where serving 49 Paymasters to base payments on certificates 553 Retired army officer, when assigned to organized militia, not entitled, unless 559 Recruiting service and college details not entitled 559 Professor of military science, detailed, not entitled 559 Temporary absence, sickness on leave, mounts at regular station 554 Temporary duty requiring mounts, future orders to show authority for 553 Veterinarians, cavalry and field artillery, officers required to be mounted 557 When not furnished, officer provides at his ovra expense 552 When assigned to duty preventing use of mount, not entitled 558 Noncommlssionecl Officers : Appointment of— ArtiUery district commanders, made by 703 Can not be antedated 704 Coast Artillery Corps, made by 700 Coast artillery companies, made by 793 Company absent from headquarters 704 Company, when effective 704 Company, by regimental commanders 703 Chief mechanics, cooks, farriers, horseshoers, mechanics, artificers, saddlers, wagoners, musicians, trumpeters, and first-claas privates, enlisted as privates and appointed by respective company commanders 705 Cooks, farriers, etc. 704 Data as to, required on pay rolls 718 Engineer Corps, when effective 701 Hospital Corps, made by and when effective 269 702 Indian scouts, made by 276 None in excess of those authorized by law 703 INDEX. 181 Noncommlsslonea Offlcers— Continued. Appointment of— Continued. Paragraph. Ordnance Department, made by and when effective 707 In Manila, when cflective .' 707 Post, made by and when effective 702 Published in orders, will be ; 704 Service school detachments 717 Signal Corps, made by and reduced when effective 706 Subsequent to orders reducing number of 711 Temporarily, by company commanders 703 Assignment of pay previous to discharge not valid 32 Bonus for reenlistment, not entitled to 632 Desertion vacates warrant 709 Engineer Corps, promotions and reductions 701 Extra-duty pay, mustered for 66S Held in service beyond expiration of term of service 710 Hospital Corps (see also Hospital Corps) — Appointed by 269 Pay commences— Acting cooks 270, 699 Corporals 269 Privates, first-class 269 Sergeants 702 First-class 702 Reduced, may be by, except 271 Reenlistment of 268 Warrants, may be continued on reenlistment if 268 Indian scouts- Appointed by 276 Number authorized 276 Mess sergeants, additional pay for 624 Military prison, number authorized for 712 Pay rolls, data required on- All changes In rank or grade 718 If warrant is continued 099 Porto Rico Regiment of, may be reenlisted 783 Post, made by and when effective 702 Promotions — Can not be antedated 704 Subsequent to orders reducing number of 711 Recruiting service — Any excess of number allowed by law, not entitled to pay of rank 715 Appointments terminate when relieved from 716 Assigmnent to, will be made as privates 714 Bonus 633 No reduction of, without approval of Adjutant-General 716 Recruit depots, number authorized for 712 Infantry band, one company at each (see also Pay, Enlisted Men.) 713 Temporary appointment of, by authority of Secretary of War 712 Recruiting stations, number authorized for 714 Reduction of — Cooks, farriers, etc 705 Effective on date of receipt of orders, except 709 May be made by 699 Sentence of court-martial, when effective 709 Transfer of carries, unless 708 Reenlistment — Data required on pay rolls if warrant is continued 699 Discharged for convenience of Government and reenlisted 736 Warrant may be' continued on, if 699 Signal Corps, made by and reduced, when effective 706 Transfer of, carries reduction unless 708 Transfer to casual detachment for discharge 710 Warrant — Data required on pay rolls if, is continued 699,700 May be continued if reenlistment is accomplished by 699, 700 Vacated by desertion 709 182 INDEX. Notlflcatlon or Dlscliarge: Paragraph. Blanks furnished by Adjutant-General of the Army 703 Not received, payment of final statements refused unless 764 Requirements as to 763 Nurse Corps: Allowances, none payable by Pay Dejiartment 424 Authorized 423 Discharged, paid on rolls prepared by 430 Leave of absence — Duration indorsed on appointment -129 None for illness with pay 427 Pay while on, not affected 427 Paymaster, name of and date making last payment indorsed on appointment 429 Reserve nurses, regulation governing 428 Number authorized 423 Pay— A dditional for length of service 424 Additional for foreign service, except Hawaii and Porto Rico 424 Chief nurse 424, 425 Authority Secretary of War 425 Not to exceed 424 Same as other nurses, when 425 Nurse 424 Paid I ly 423 Reserve nurse 423 Superintendent 423 Payments — Final, when ordered home for discharge 430 Monthly, on pay rolls 426 Noted on appointment 426, 429 Pay rolls, paid on, furnished by pay department 426 Reserve nurse may bo assigned 423 Service, how computed 424 Station changed or, to be indorsed on appointment 430 Oaths: Administration of, proper officer to 182 Fees to civil ofBcors for administering 183 Of office ig2 Observers. (See Pay Enlisted Men; Additional Pay.) Officers : Absent from station- Paymasters require evidence of 296 Aids. (Sec Aids.) Arriving at any headquarters will 48g .Assigned accounts. (See Assigned Accounts.) Beneficiary of. (See Beneficiary.) Cortiflcate of merit entitles to additional pay 659 Chaplains. (See Chaplains.) Commutation of quarters. (See Commutation of Quarters.) Deceased. (See Deceased; alio Beneficiary of.) Details carrying increased pay. (See Increased Pay.) Discharged or dismissed. (See Pay Commissioned Officers.) Examination of, for promotion gQg qqj Final statements, may purchase as an , certificate required '443 Foreign service pay. (See Foreign Service Pay.) Guardian or committee of gQ3 Higher command , exercise of 535 636 Identity of, to be established before payment 876 Individual service report 4g7 Insane. (See Insane.) Leave of absence. (See Leave of Absence.) Longevity pay. (See Longevity Pay.) Medical Corps. (See Medical Corps. ) Medical Reserve Corps. (See Medical Reserve Corps.) Mileage. (See Mileage.) Military Academy, on duty at. (See Military Academy.) Militia. (See Militia.) INDEX, 183 Officers-Continued. Paragraph. Mounted pay. (Sm Mounts, Pay for.) Ordnance Department. (See Pay Commissioned Officers.) Pay of. (See Pay Commissioned Officers.) Paymasters. (See Paymasters.) Philippine Constabulary, officers detailed with 55I Philippine Scouts. (See Philippine Scouts.) Porto Rico Regiment. (See Porto Rico Regiment.) Promotion of. (See Pay Commissioned Officers, Promotions. ) Recommendations and requests — In behalf of, filed with their records 4gg Resignation of. (See Pay Commissioned Officers.) Retired. (See Retired Officers.) Vacancies. (See Pay Commissioned Officers, Promotions.) Witness- Before civil court, fees 207 208 209 Por Government 209 Before congressional committees 208 Omclal Communications. (See Army Regulations Governing): Chief paymaster who forwards those from subordinates will 458 Letters of transmittal — _ With accounts gig Paymaster and chief, between 4gg Signatures of detailed paymasters 441 Suspensions, relative to, data given in g49 Opinions or Decisions, not authority on points incidentally referred to 167 Orders : Approval of journey when not performed under , 373 Civilian witnesses, vouchers of, must be accompanied by 19g Clothing table showing allowances published in 106 Coast artillery, ratings in, published in 616 Commutation of quarters — Of assignment filed with first voucher 127 Of relief filed with last voucher 127 Copies of, not duty of, who to make for file with vouchers 877 Effective from date of receipt 29 Expert riflemen, etc., qualification published in 605 Extra-duty pay named in, before entering on detail except 662 Gunners, qualifications of, published in 616, 617, 623 Higher command, filed with voucher with statement of services 536 Leave of absence granted in periods of 288 Payment, fact of, not to be indorsed on leave 296 Mileage- Artillery districts- Commanding officers of, can not issue orders carrying 343 Confirmatory, should recite 372 Directing travel must be filed with voucher 317 Duty, specific, to be stated in 370 Effective until 377 Entitled to, in obeying proper, of President or 307 Form of order required by law 370 General officers ordered— Beyond limits of their command may issue orders for, when 371 Change ol station may issue orders for personal staff 371 Governor or adjutant-general of State can not issue, which carry 379 Inspection duty, may be issued under authority of 345 Inspection of troops will designate 376 Issued before commencement of travel, unless 372 Limit of command, travel not to be directed beyond, except 371 Longer or shorter route than usual prescribed in 334,335 Payment of troops, will designate 376 Philippine Islands to United States, emergency 371 Philippine Scouts, who travel on, issued by constabulary 380 Subpoena to appear before court-martial not an order covering mileage 378 Transportation issued, notation of, must be made on 317, 318 Travel, lines of, will not be prescribed in, except 357 Noncommissioned officers, appointment of, published in. (See Noncommissioned Officers.) 184 INDEX. Orders— Continued. Paymasters' clerks. (See Paymasters' Clerks.) ParsKraoh. Payment of troops at exceptional places, orders issued by 678 Sentences published in, must be noted on pay rolls 967 True copies of, disbursing officer can not make, for file with 875 Pay: Advance of one month's not au thorited * None for salary not actually due 3 Aids. {See Aids.) Allotments. (See Allotments.) Assigned. (See Assigned Accounts.) Cadets, Military Academy. (See Cadets.) Chaplains. (See Chaplains.) Clerks, headquarters ^^ Computer artillery board 158 Contract surgeons. (See Contract Surgeons.) Dental surgeons. (See Dental Surgeons.) Deserters. (See Deserters.) Discharge. (See Pay on Discharge.) Enlisted men. (See Pay of Enlisted Men.) Expert accountant, Inspector-General's Department 266 Half pay while on leave, how treated 279 Hospital Corps. (See Hospital Corps.) Hospital matron. (See Hospital Matron.) Indian Scouts. (See Indian Scouts.) Leave of absence, while on. (See Leave of Absence.) Medical Corps. (See Medical Corps.) Medical Reserve Corps. (See Medical Reserve Corps.) Messengers, headquarters 102 Military -Vcademy, officers on duty at. (See Military Academy.) MUltia, officers of. (Sec Militia.) Mounts, pay for. (See Mounts, Pay for.) Nurses. (See Nurse Corps.) Officers. (See Pay of Commissioned Officers.) Paymasters' messengers. (See Messengers.) Paymasters' clerics. (See Paymasters' Clerks.) Philippine Scouts. (See Philippine Scouts.) Porto Rico Regiment. (See Porto Rico Regiment.) Retired enlisted men. (See Retired Enlisted Men.) Retired officers. (See Retired Officers.) School detactunents. (See Pay Enlisted Men.) Translator 993 Veterinarians. (See Veterinarians.) War 733 Witness. (See Witnesses.) Pay Department! Command, officers of, can not exercise, in the line Funds, distributes and accounts for pay of the Army Manual, force of OrganlJation— Officers, numt)er of Original law authorizing Vacancies— FUledby Paymaster-General, office of, filled by Volunteers, number authorized Paymaster-General: Comptroller, request for decision by, from a paymaster 154 Duties- Allotments, recording of 432 Deposits, recording of 432 Distances, determination of 432 Examination — Accounts of paymasters 432 Financial and administrative of his department 432 Funds- Distribution of, to paymasters 432 Guard against excess in liands of paymasters 432 INDEX. 185 Paymaster- General— Continued. Duties—Continued. Paragraph. Mileage, establishes routes for payment of 432 Perfonned under direction of the President 431 Efficiency reports of subordinates- Data to be noted on 436, 437 Not otherwise reported on 435 Examination of accounts, made within sixty days from receipt 433 Individual service reports of paymasters, verification of 467 Leave of absence — May grant to subordinates serving immediately under 434 Issues circular for 982 Notifies officers of overpayments made by his department 980 Paymasters. (See also Chief Paymasters); Accounts — Closed — Actual money balance only transferred 448, 806 Actual transfer of entire balance 826 Ceasing to act, list of outstanding checlcs 93, 451 Inspection report required 450 Leave of absence of more than ten days 826 Relief from duty by discharge or retirement 451 Suspensions charged on resuming duty 448 To rebond 448 Transfer of funds will vary in amount from 806 Letters of transmittal to accompany 818 Not closed — Absence of less than ten days 449 In Treasury 815 Station changed within department 449 Rendered and forwarded 81 6, 818 Will be inspected by chief paymaster 456 Acting as- Designated "special disbursing agent" 442 Exchange for funds, profit, how accounted for 442 Funds, method of handling 442 Balances except current appropriations deposited, when 440 Bonds. {See Bonds.) Books required to be kept 813 Cash balances — Taken up on account-current to be verified by disinterested officer 825 Change of station outside department- Balances transferred 826 Dates of departure and arrival reported 465 Quartermaster's supplies, disposition of 446 Suspensions charged on resuming duty 448 Check books. (See Check Books.) Checks. (See Checks.) Chiefs. (See Chief Paymasters.) Claims— Can not be interested in any against United States 443 Communications, ofiicial. (See Army Regulations; see also Official Communications. ) Comptroller, may request decision of, through 154 Control, under that of 453 Damage to personal property by enlisted men, method of settlement by 942 Decision of Comptroller, request for, forwarded through 154 Deposits of public funds made promptly by 795, 79fi Of enlisted men liable for amount and interest if not taken up by 858 Descriptive lists, responsibility for payments on 576 Detailed, will sign as - - 441 Authority for, act Congress approved February 2, 1901. Disbursements by, made under order of superior officer 856 Disbursing account, statement answered promptly 800 Duties, pay troops under direction of 438 Endorses fact of payment on contracts of 160 Erroneous payment, responsible for 859 Chargeable to officer certifying 859 186 INDEX. Paymasters— Continued. Paragraph. Errors- Check drawn to correct, in deposit of balances 793 In payment to deserter credited before 857 Proper payment in fraudulent enlistment credited before 866 Fees ol civilian witnesses refusing to appear, how tendered 204, 205 Final statements — Responsibility for payment of fraudulent 753 Shall not be interested in purchase of ^^"^ Funds, private, advanced for proper performance of duty 444 » Transfer of. (See Public Funds. ) Gambling on any game of chance prohibited 44r) Identity of claimant established before payment to 753 Leave of absence, more than ten days — Closes accounts 826 Departure and return, dates of, reported 463 Each change of address reported 464 Monthly report forwarded during 462 Register arrival at any headquarters 466 Weekly statements not required 469 Liability- Accepting gratuity for payment of public money 845 Accepting receipt without payment 844 Concealment of public funds for purpose of fraud 839 Exchange of funds except for 837 Expenditure beyond amount of appropriation, except 846 Extra pay not authorized by law 834 Failure to deposit funds as required 843 Improper delivery ol public funds 839 Loaning of public funds 841 Misuse of public funds 836, 842 Nonrendition ol accounts 811 Payment of less than receipt calls for 840 Private business with public funds 835 Unlawfully disposing of public money 838 Official communications. (See Army Regulations; see aim OlTicIal Communications.) Orders- Copies of, not duty of, to make for file with vouchers 877 True copies of, can not certify, for file with vouchers 875 Ordnance charges, will verify 937 Payment pay accounts, foreign service and Alaska, make no payments unless satisfied require- ments complied with 48 Payments. {See Public Money and Payments by Express or Registered Mail.) Erroneous, due to construction of law after 985 To troops in person, unless 677 Quartermaster's supplies, disposition of 446 Recommendations and requests in behalf of, filed with their records 468 Reports {see also Reports, Paymasters)— Arrival at any headquarters 466 At close of fiscal year, outstanding checks 86 Change ol station 465 Chief not to call for, in addition to those 457 Efficiency, made by chief paymaster 460 By chiefs of bureau 435 Individual service 467 Leave of absence, Hon 463,464 Monthly— Data required In 461 If absent from station 462 Temporary duty 465 Troops, if not paid monthly 571 Weekly statements of funds on hand 469 Responsibility- Descriptive lists, payments made on 576 Final statements, payment on fraudulent 753 Fraudulent vouchers, responsible for payment of 753 Identity of claimant before payment 753 INDEX. 187 Paymasters— Continued. Paragraph. Rolls, designated to pay, furnished duplicate copies 722 Separated Irom service, any check not presented within 93 Signature, ofDcial, lumished depositary, when , 439 Stoppages, requesting entry of, should furnish 935 Subsistence charges verified and 939 Suspensions will not be charged until reported by Auditor lor War Department 8S1, 853 Transportation, will immediately apply for, when ordered abroad 447 Troops, payment of, by 4.38 677 If not paid monthly, fact reported by 57I In the field, in person, unless 577 Unexpended balances deposited at end of year 440 Deposited to credit of 801 Who may hold...; 455 Voluntary refundment of amount disallowed 862 Vouchers- Account current, to be numbered and folded 829 Copies of orders for file with, not made by 877 Identity of claimant before payment of 753, 876 May be forwarded to include the 16th of month 820 Memorandum, prepared in office of paymaster 496 True copies of orders for file with, can not be cerl ified in hfa own accounts by 875 Paymasters' Clerts: Appointment of, 470 Assignment of 470, 483 Baggage allowance 489 Change of station, order for paymaster, carries 488 Claims, prohibited from being interested in any 443, 482 Court-martial, doing work of, no extra pay 178 Detailed paymaster to report on clerk assigned him 472 Final statements, shall not purchase 443,482 Hospital charges _ 105 Leave of absence 481 Orders, not duty of, to make copies of, for file with 877 Pay- Entitled to, from 471 Increase for service as 473 May draw on 16th and last day of month 476 On foreign service may deposit vouchers for, with 477 Entitled to 10 per cent increase 474 Rate per year 473 Service as clerk in pay department at large _ . _ 479 Voucher — Approval of, when required 476 Assignment of, prohibited 477 Paymaster-General's office, number on duty in 483 Property lost or destroyed, entitled to reimbursement 480 Relations with paymaster unsatisfactory 472 Service as, counts for longevity pay if commissioned 542 Suspensions against, will be noted on 478 Travel allowances- Actual expenses for all sea travel, except 484 Change of station of paymaster carries 488 Journey performed by other than shortest usually, etc 334 Paymaster traveling without funds 490 Payment of troops 488 Rate per mile 484 Sea travel, actual expenses for all, except 484 Stateroom or berth on commercial steamer 486 Transportation — Reimbursement of cost to Government, if not obtained 487 Which includes subsistence 486 Unsatisfactory to paymaster 472 Vouchers — Approval of, when required 476 Assignment of, prohibited 477 Not duty of, to prepare, on which officers demand payment 877 Witness before civil court 210 188 INDEX. Paymasters' Messengers. {Sec Messengers.) Payments by Express or Registered Mall: Checks— Paragraph. And currency for each organization 642 Company commander to indorse 653 DrawB on depository designated if practicable 643 Error or informality in 652 Individual 641 Made wholly by, rolls not to be signed by enlisted men 722 Only official, used in making 68 Command absent from post- Paymaster holds rolls 057 When package is received 657 Commanding officer of post — • Designates officer to receive package 646 Designates paying officer 642 Responsible for safety of package 647 Currency, exact amount for each man 641 Declining to receive pay 655 Deposits, how made 658 Deserter, pay of, can not be used to pay debts 650 Must be returned to paymaster 656 Payment to, technical delivery before desertion, authorized indebtedness may be .liqui- dated 650 Deserting before pay is distributed 656 Discharged, If to be, before package can reach post 655 Dying before pay is distributed 655 Error or Informality reported 050 Funds to be distributed within twenty-four hours 647 Marks to be placed on package 644, 645 Method to be observed by paymaster 644,645 Not delivered to soldier 655 Package — Carefully examined when received 047 Contents and number of envelopes verified 648 Excess or shortage in 049 For company opened, when 048 For each organization 643 Marking of 644, 645 Method of arranging 644, 645 Opened In presence of witness 647, 648 Safety of, responsibility for 047 Pay returned — Data required on abstract of collections 823 ■ Signature of soldier not to be canceled 655 To be taken up in collections 655 Paymaster to put up money In presence of witness 644 Places beyond express delivery 646 Quartermaster may transport funds 640 Kesponsiblllty for funds 640 Eolls— Copy sent with package to be returned 651 One copy sent with package 643 Secretary of War is authorized to arrange for 639 Shortage or excess in package 649 Term of enlistment expiring before package can reach post 655 Witness to payment, method observed 654 To money put up by paymaster 644 Pay or Commissioned omcers: Absent without leave. (See Absent without Leave.) Absent from station — Paymaster may require evidence of 296 Accounts for, must Include entire compensation, except 48,49 524 Acting commissary. (See Acting Commissary of Subsistence.) Acting judge-advocate ; 521 563 Aids. (See Aids.) INDEX. 189 Pay of Commlsslonea Offlcers— Continued. Appointments — During recess of the Senate— Paragraph. Cease unless confirmed at adjournment of Senate, unless 501 Name withdrawn before confirmation 502 Effective from date of acceptance 497,498,499 In volunteers, officer Regular Army, entitled to pay from 600 Assignment of pay accounts. (,See Assigned Accounts.) Battalion staff. (See Regimental, Battalion, or Squadron Staff.) Brevet rank does not confer increase of pay 515 Bureau of Insular Affairs assistants to 569 Certificate of merit entitles to additional pay 669 Chaplain. (See Chaplains.) Checks, only official used in making payments 68 Chief of staff corps or department detail shall not hold beyond 507 Chief ordnance officer, detailed as, by President 568 Chief telegrapher Executive Office 547 Civil authorities— Not entitled to pay after conviction by, though released on bond, pending appeal 975 Not entitled to pay while in hands of, unless 584 Commences 497, 498 Commutation of quarters. (See Commutation of Quarters.) Deserters dropped from rolls after three months' absence 976 Detached service may be paid outside department in which stationed 496 Detailed to staff corps or departments (see also Staff Corps and Staff Details)— Pay commences 565 Pay for, ceases on retirement though detail may not have expired 507 Retired, before expiration of detail 607 Discharged— Entitled to pay until 610, 512 Failure to pass mental examination, entitled to one year's pay 506 Will not receive final pay until 509 Dismissed hy sentence of court-martial, entitled to pay until 510, 513 By illegal court and successor appointed and accepted, would separate him from service. . 514 Double payments to, who will receive credit 47, 863 Duplicate or memoranda voucher required for, prepared by paymaster 496 Final, requirements before payment 509 Foreign service. (See Foreign Service Pay.) General offlcers can not be retired until 508 General staff, captains and lieutenants detailed in, entitled to ^ 564 Guardian, creditor moves to another State, payment may be made direct 504 Half pay while on leave, how treated 279 Held in active service after time for retirement, entitled to pay for such time 901 Higher command in time of war 535, 636 Holding office, salary S2,600, shall not be appointed to any other, except 907 Identity of officer to be established before payment 875 Insane — Disqualified from signing name, law requires (see Insane) 503 Voucher, data required to be filed with each (see Insane) 503 Insular affairs, Bureau of, assistants to - 569 Leave of absence. (.See Leave of Absence. ) Longevity. (See Longevity Pay.) Medical Corps. (See Medical Corps.) Medical Reserve Corps. (See Medical Reserve Corps.) Mileage. (See Mileage.) Military Academy. (See Military Academy.) Military attachfe. (See Military AttachiSs.) Mounts. (See Mounts, Pay for.) Not entitled— After conviction by civil authorities, though released on bail 975 For absence without leave, unless 974 If indebted to United States, until 977 Ordnance Department- Chief ordnance officer detailed by President on staff of 668 Detail of second lieutenant in, entitles officer to 666 Principal assistant hi, entitled to 567 Pay table 494 190 INDEX. Pay of Commlssloneil Omcers— Continued. Payments- Paragraph. Can not receive, for two staff appointments 550 Duplicate, who will receive credit 863 Duplicate, without disregarding regulations 865 Foreign service and Alaskan accounts, requirements to have been complied with 48, 49 Defective, should l>e returned for correction, or 49 Identity of officer to be established before any, are made 876 Made in limits of department in which serving, unless 496 Monthly, on account certified 495 None for salary until actually due - 3 Only official checks used in making 68 Outside own department without authority, responsibilit y 496 While on leave, not required to be indorsed on order 296 Philippine Constabulary- Assistant chiefs, officers detailed as, entitled to 55l Chief of, officer detailed as, entitled to 551 Philippine Islands, officers returning from, to procure certificates of nonindebtedness 609 Philippine Scouts. (See Philippine Scouts.) Porto Rico regiment. (See Porto Rico Regiment.) Promotions- Appointed to new office, entitled to pay from 497 Appointed by, from dale of acceptance of commission 498 Arising from officer being appointed to new office 497, 499 Due to separation from active service, when effective 5J0 Entitled to pay from date of vacancy, except 497 Failure to pass examination for 506, 903 Not effective until day following retirement, etc 499 Seniority by, from date of vacancy, except 498, 499 Staff appointment, is not a promotion, but is 498, 499 Vacancy for, commences to run day following retirement, etc 499 Public buildings and grounds, officer in charge of, entitled to 546 Rank and command, suspension of, does not forfeit pay 986 Rate of, for each grade 494 Regimental staff. (Sec Regimental, Battalion, or Squadron Staff.) Resignation- Accepted while on leave, to date of acceptance of 511 While on duty, to date of receipt of acceptance of 611 At future date to include that date 611 Final payment shall*not be made until 509 Paid to include 611 Retired officers. (See Retired Officers.) Retirement not effective until 610 Signal Corps, officer of, detailed iaexecutive offices 547 Signatures- Insane, or mentally incompetent disqualified from making, law requires 503 Physical hiabillty to make, requirements 605 Squadron staff. (See Regimental, Battalion, or Squadron Staff.) Staff. {See also Staff Corps and Staff Details)— Appointed in, pay commences 498, 499 Can not receive pay for two appointments in 55O Chief ordnance officer, detailed by President on staff of 668 Detailed in staff department- Pay commences 565 Retired before expiration of detail 507 Principal assistant ordnance department, entitled to 567 Stoppages. (See Stoppages.) Transfer ol pay accounts. (See Assigned .Accounts.) Vacancy. (See Promotions under Pay, Commissioned Officers.) Volunteers (5ee Volunteers.) Vouchers — Correctness of facts must be signed by officer 875 Cover entire pay for one or more calendar months 524 Defective, should be returned for correction, or 49 Insane officer, data required with 503, 604 Original, certified in all cases, memoranda prepared by paymaster 496 Signed by amanuensis, certified by two witnesses 60S Wholly retired, shall not receive final pay until 509,928 INDEX. 191 Pay of Enllstea Men: Absent Irom pay table— Paragraph. Credit taken therefor 723 Turned over to company commander 723 Absent without leave. (See Absent Without Leave.) Additional pay- Expert riflemen, marksmen, and sharpshooters- Accrues for one classification only 603 Ceases on transfer to some organization not so armed , except 604 On expiration of enlistment , 604 Classification, reduced, given to enlisted men who fired and failed 608 Holdover, entitled to December 31, 1909 612 None granted in future, except 613 Commences date of qualification 604 Discharged and reenlisted, both organizations armed with the rifle in which qualifi- cation is authorized, right to lor one year 607 Discharge or descriptive list, show date and grade of qualification 614 Final statements — Show date and grade of qualification, order not received, etc 605 Fraudulent enlistment, qualified during, nullifies if 621 Holdover classifications .• 612, 613 Muster and pay rolls— To give number, date, and source of order 605 Order, number and date of, must show on pay roll 605 Philippine Scouts, when qualified, pay of 781 Qualified in 1908, entitled during current enlistment, provided 607 Qualify, those who can not 606 Qualification, as published in department orders 605 Of marksmanship, not annulled by desertion 620 Bate, for not more than one classification 603 Reduced classification 608 Reenlisting in organization armed with rifle, qualifying in lower grade 605 Reenlistments and transfers of 607 Target year, commences, ends 604 Transfers to service school detachments for convenience of Government 610 Transfers to Hospital Corps for convenience of Government 609 Post noncommissioned stafi, not for convenience of Government 611 Gunners, first and second class; gun pointers; and commanders; observers, first and second class; chief loaders, chief planters, plotters, and casemate electricians- Accrues for one classification only 603 Commences and ceases 615 Desertion does not annul qualification of 620 Discharge or descriptive list to show date and grade of qualification 614 Eligible, who shall be 622 Fraudulent enlistment, qualified during, nullifies, if 621 Holding artillery rating, can not be detailed as mess sergeant, or for extra-duty pay . . 622 Rate of 615 For not more than one classification 603 Gunners, first and second class — Classification extended 617 Discharged before expiration of enlistment, reenlists, time between counts for three- year period 615 Entitled to three years from date of qualification, provided 615 Examination of enlisted men of artillery not members of companies or battalions qualifying, entitled to 616 Prevented from, prior to expiration of three-year term to be in force until 617 General information relating to 615 Holdover classification 617 Muster and pay roll to give number, date and source of order 615 Order number and date must be shown on pay rolls 615, 617, 623 Qualification of 615 Not annulled by desertion 620 To be noted on discharge or descriptive list 614 Rates of, for 603, 615 Eating or disrating of 622 Held in artillery, will not be detailed as mess sergeant or on extra duty 622 Time between discharge before expiration, and reenlistment, counts for three-year period 615 192 INDEX. Pay or Enlisted Men— Ck)nlinued. Pari>i;raph. Additional pay -Continued. Gtumers. first and second class— Continued. Transfers to service scbool detachments 010 Relative to, applies equally to 619 Mess sergeants- Additional compensation when mess steward, not payable by pay department 625 Not affected by merging of his organization into a general mess temporarily 628 Does not accrue during nonperformance of duty or while on furlough 627 Can not be detailed while holding artillery rating 622 Details for, first sergeant and color sergeant, not eligible 629 May be made from 625 Organizations entitled to 625 Pay rolls to show dates of entering and termination of duty 825 Rate of 624 When detailed by special authority of Secretary of War, or Surgeon-General, pay from commencement of duty '. 626 Mess stewards, not payable by pay department 625 Retirement terminates additional pay 890 Transferred to fill vacancies caused by assignment for duty with militia, for convenience of Government 618 Allotment of. (S« Allotments.) Amounts due in prior enlistment, how settled 731 Appropriations, from those not current 455 Arrears of, not to exceed two months 570 Arrested and convicted by civil authorities while on furlough'. 588 Assignment of, not recognized 32 Awaiting result of trial not entitled to receive 580 Bands, recruiting depots, recruits attached to for Instruction are not entitled to pay of bands- men 713 Blacksmith, pay and grade 630,631 Bonus for reenlistment- Acting cook. Hospital Corps, not entitled 637 Discharged for convenience of Government after having served more than half period sub- sequent to May 11, 1908, terminates first period 635 Discharged before May 11, 1908, reenlists within three months, entitled to 636 From Marine Corps after May 11, 1908, four years' service, reenlists, entitled to at rate on discharge 636" Entitled to, who are 632 633 In first enlistment period on May 11, 1908, prior service does not affect right lo 634 Noncommissioned ollicers not entitled to 632 Recruiting service entitled to 633 Pay included in, rate receiving at date of discharge 632 Philippine Scouts, not entitled 778 Private of band transferred to casual detachment, entitled to, on reenlistmen t 638 To whom payable 632 033 By express. CS« Payments by Express or Registered Mail.) Can not be withheld on theory that soldier will desert 679 Captured by enemy 573 Certificate of merit. (.See Certificate of Merit.) Cheeks- May be given in part payment in foreign possessions 81 Payment by express or registered mail. (See Payments by Express or Registered Mail.) Chief paymaster responsible for 543 Civil authorities (see also Civil Authorities)— Arrested by, released on bail, trial indefinitely postponed 585 Discharged without trial, right to, restored 584 Case "nol-prossed," right to, restored 587 Settled out of court 580 Convicted while on furlough 588 Detained by, as witness Irefore state court 583 Discharged by, after three trials 58g Due at date of withdrawal by , not disallowed 59O 749 No pay for time in hands of, unless 584 975 While in hands of. at expiration of term 749 7g2 Clothing allowance. (See Clothing Allowance.) ' Coast artillery, pay for special ratings in (tee also Pay Enlisted Men, Additional Pay) 622 Continuous-service pay. (See Continuous-Service Pay.) INDEX. 193 Pay Of Enllstea Men— Continued. Paragraph, Debts due United States, order o£ precedence 936 Deposits of. (See Deposits.) Descriptive lists- Change in pay after issue, requirements 670 Ciothing allowance, notations as to, required on lU Detailed for duty with militia 575 Laundry, notations as to, If detached, required on 948 Paymaster's responsibility for payments made on 576 Who will be paid on 674 Deserters. {See Deserters.) Discharged. (See Discharged.) Enlistment periods. (See Continuous-Service Pay.) Entitled to, for days of enlistment and discharge 752 Erroneous payments, fact reported to company commander 682 Erroneous payments (see also Deserter) , 867 Extra pay for service at Military Academy 394 Extra-duty pay. (Sec Extra-Duty Pay.) Farrier, pay and grade 630, 631 Final statements. (See Final Statements.) For length of service. (See Continuous-Service Pay.) Foreign-service pay. (See Foreign-Service Pay.) Fraudulent enlistment, payments made to those serving in 691,866 After discovery of, and not tried, waives fraud 595 Discharged for, on habeas corpus, not entitled to pay, travel pay, or allowances 693 May be tried for desertion or for, or restored to duty without trial 592 Not entitled to arrears of pay under, unless 594 Not required to refund, for service in (see also Fraudulent Enlistment) 691 Furloughed soldiers will not be paid, except 681 No reimbursement for expense while on 941 Held to service- Cause shown on final statements 740 Enlistment period, when 681 Entitled to pay until 740 Final statements furnished as of date, except 762 Prisoner awaiting dishonorable discharge 744 Rate of pay to which entitled 681 , 741 To stand trial for an offense 743 Horseshoer 630,631 Hospital Corps. (See Hospital Corps.) In person, when paid 577 Indian scouts. (Seclndian Scouts.) Mechanic 630, 631 Military prison guards- Authority for 712 Noncommissioned officers 712 Militia, detailed for duty with 575 No reduction of, under act of May 11, 1908, who were in service on that day 679 Nbncommissioned officers. (See Noncommissioned Officers.) Overpayments may be deducted from travel pay and deposits 934, 1003 Paid monthly, unless 671,677 Pay rolls. (See Pay Rolls.) Philippine Scouts. (See Philippine Scouts.) Porto Rico regiment. (See Porto Rico Regiment. ) Post laundry, indebtedness to, method of settlement 948 Rate for each grade -. 672 Ratings in Coast Artillery, additional pay lor (see Pay Enlisted Men; Additional Pay) 622 Reenlisted pay (see also Continuous-Service Pay) 676, 677, 678 Retired. (See Retired Enlisted Men.) School detachments- Noncommissioned officers, appointment of 717 Not armed with rifle 610 Organization of 717 Transferred to 010 Short payments on final statements and pay rolls 94, 852 Stoppage of. (See Stoppages Enlisted Men.) Transfer, when effective 732 Travel pay. (See Travel Pay.) 54748°— 10 13 194 INDEX. Pay ol Enlisted Men— Continued. Paragraph. Trial, awaiting result of, none 580 War pay, 20 per cent increase on pay as fixed by law 733 Will be on pay rolls, except 574 Withheld, can not be, on theory that soldier will desert 579 Pay on Dlscbarge: Certificate of discharge — Final statements will bear date of 738 Lost- Certificate issued in lieu thereof 755 Final statements settled by auditor 755 Notations as to final payment required on 752 Checks issued on distant depositary, account of, procedure 754 Court-martial sentence- Discharged by expiration of term — In confinement undergoing sentence 742 Sentence, while awaiting 742 Trial, while awaiting 742 Discharge certificate- Final statements will bear same date as 738 Lost- Certificate issued in lieu thereof 755 Final statements settled by auditor 765 Notations as to final payment required on 752 Discharged — Civil authorities— .\fter conviction and pardon by 751 After conviction by, but before pardon by 751 While in hands of, without honor 760 Confinement, while In, by expiration of term 742 Convenience of the (lovernment to reenllst 736 Desertion, by reason of, without trial forfeits 259 Disability, for, ascertained, noted on final statements 758 Dishonorable- Awaiting, not entitled to pay and allowances between expiration of term of enlistment and discharge 744 Terminates interest on deposits 236 When effective, can not be postponed, but when held in hospital after expiration of sentence 745 Expiration of term, will not be reenlisted until 737 Final statements furnished in duplicate 758, 764 Fraud, by reason of, not furnished final statements unless 746 Furlough, while on, by expiration of term, when effective 739 Held to service. (See alao Final Statements.) Entitled to pay- Rate 741 Until 740 To stand trial 743 Insanity, for, after apprehension in fraudulent enlistment 748 Minority concealed or other fraud 746 Notification of discharge, requirements as to 763 Number of men to be, on same day, form prescribed 767 Outside the United States, notations as to transportation 759 Pay , entitled to> for day of discharge- 752 Price for purchase of discharge 769 Prior to expiration of term — Convenience of Government to reenllst 736 Death of parent 735 Notations required on final statements 761 , 769 Will not be, except 734 Purchase — Authorized 7g8 How noted on abstract collections 323 Notations on final statements as to previous service 769 Price of 769 To be noted on final statements 770 Regulations governing applications for 77I Remission of purchase price, who may , 772 INDEX. 19f, Pay on Discharge— Continued. Paragrajjli. Discharged— Continued. Recruits are entitled to, unless 747 Sentence, while awaiting, by expiration of term 742 Surgeon's certificate of disability ascertained, noted on finals _ 758 Trial, while awaiting, by expiration of term _ 742 Dishonorable discharge, when effective 745' Final statements. (See Final Statements.) Furlough, term of service expires while on 739 Held to service — Cause shown on final statements 740 Entitled to pay — Rate 741 Until 740 Final statements furnished as of date, unless 762 Prisoner awaiting dishonorable discharge not entitled to 744 To stand trial 743 Identity of soldier presenting final statements in doubt, procedure 753 Purchase of discharge — Authorized 768 Notations of previous service and purchase price on final statements 769, 770 Organization commander should forward money for deposit before 773 Price for, and to be noted on final statements 769, 770 How treated if received after discharge 773 Regulations governing application for 771 Remission of purchase price, who may 772 Pay Rolls: Additional pay. (See Pay Enlisted Men; Additional Pay.) Allotments, deducted on 25 Amounts due in prior enlistment, settled by auditor 731 Cadets, Military Academy, are paid on 395 Calculations on, made by paymaster 726 Changes on, none permitted after presentation to paymaster 725 Clothing allowance. (See Clothing Allowance. ) Coast artillery — Detached men of, how mustered 720 Ratings in, data required on 623 Corrections on, before forwarding 725 On rolls, before payment 727 Court-martial sentence — Fine, full amount of, not deducted, notation required on 729 Published in orders, company commander must note on 967 Remitted, excess of legal limits, notation required on 730 Data required on 718 Deserters- Account of, method of settlement 258 Not to sign, pending trial 245 Settlement with, not made until 257 Detached men, how mustered 720 Duplicate copies to paymaster designated to pay 722 Erroneous payment noted on 582 Expert riflemen, etc. , data required on 603, 605 Extended in lead pencil not accepted 726 Extrarduty pay, data required on 663 Figures — Change in those, showing pay received, certified to 727 Use of, for name of months, not approved 721 Fines- Full amount of, not stopped, notation required 729 Remitted as exceeding legal limits, notation required 730 Gunners — Data required on 615 If holding ratings in Coast Artillery 623 Holdover or extended classifications 617 Hospital Corps, lance corporal, data required on 208 Hospital, men in, how mustered 720 Mess sergeants, to show date of entering and termination of duty 625 196 INDEX. Pay RoUs— Continued. Pariigraph. Method of submitting T 18 Making on typewTitCT madiine, blacl^ record ribbon 719 Caibon copies proliibited 719 Militia participating in encampment— If in camp longer than presecribed period, authority filed 41G Signatures to, must be personal 41tJ Name of paymaster mating payment to appear on, where 879 No settlement on, until a balance is due soldier 728 By company commander strilsing a balance 728 Noncommissioned olficers— Change of ranlt or grade, orders to be noted 718 Data required on 718 If warrant Is continued G09 Nurses paid on, certified by officer under whom serving 42G Ordnance charges noted on, will be verified 937 Paymaster making payment on, name of, to appear where 879 Payment of— By check or currency shipped by express. (See Payments by.) Orders for, at exceptional places, issued by 578 Paymaster designated to make, furnished duplicate copies 722 Witness to, will sign 654 Post e.Ychange, debts due, will not be entered on, until 944 Post laundry, debts due, not entered on, tmtll 948 Ratings hi Coast Artillery, data required on 605 Retained, not changed without authority 725 Short payments on, credited on next roll 852 Accrued in prior enlistment, settled by auditor 731 Signature by mark witnessed by 722 On, when pay is returned 055 Only one roll required to be signed 722 Not required when payment by check 722 Signed by all present 722 Stoppages — Noted on, should show 935 Subsistence — Charges for, noted on, will be verified 939 Data required on 938, 940 Subvouchers to, when men are not present for pay : . . , 723, 724 Sum of each page entered in ink 726 Transfers of enlisted men, data required 732 Transportation charges for, noted on, data required 940, 941 Typewriting machine, use of authorized, provided 719 Warrant continued, data required I399 Who are carried on each 71g Who will be paid on 574 Witness to payment — Contract surgeons may sign as 168 Veterinarians may sign as IO27 Will sign 654 Pblllpplne Constabulary: Assistant chief, officer detailed as, entitled to 55I PlLiUpplne Scouts: Authority for 774 Beneficiary of. (See Beneficiary.) Enlisted men — Additional pay lor sanitary work 777 Allotment of pay, can not make 7g2 Bonus for reenlistment, not entitled 77g Clothing allowance — Fixed, to be, by Secretary of War 774 Rate established. 779 Continuous-service pay, fixed by Secretary of War 777 Deposits, may make .- 224 Enlistment period, entitled to on reenlistment within three months, except 777 Number authorized 774 INDEX, 197 Plilllppliie Scouts— Continued. Paragraph.- Enlisted men— Continued. Pay- Additional- Expert riflemen, sharpshooter and marksmen 781 Detailed with band does not deprive tor marlcsmanship 781 Continuous service, fixed by Secretary of War 777 Fixed, rate to be, by Secretary of War 774 Kate established 777 Rations, to be fixed by Secretary of War 774 Travel pay- Same as for enlisted men of Regular Army (sec Travel Pay) 780 Officers — Allowances same as for lilje grade in Regular Army 774 Captains selected from 774 Majors selected from 774 Lieutenants appointed from, for term of four years 774 Longevity pay, service in, counts for 774 Natives of Philippine Islands- May be appointed second or first lieutenants 774 Pay and allowances same as for Regular Army 774 Pay— Officers detailed with — Captains and first lieutenants commences date of vacancy, entitled to from 776 Commences on date of reporting in person 775 Detached for duty with civil government 775 Same as for like grades of Regular Army 774 Planters, Plotters, etc. (SecPayBnllstedMen— Additional Pay.) Porto Rico Regiment: Enlisted men — Allotment of pay, can not make 789 Clothing allowance same as for Regular Army 783 Continuous service pay, time served in counts for 786 Deposits may make 224 Enlistment period 787, 788 Term three years 783 Pay and allowances same as Regular Army 783 Reenlistment not prohibited 783 Travel pay same as for Regular Army 783 Foreign service pay, not payable for service in Porto Rico 785 Officers — Allowances same as for officers of Regular Army 783 Appointment and promotion of 783 Field, will be detailed from Regular Army not below rank of captain 783 Longevity pay, service in, counts for 7.S3 Mileage same as for officers of Regular Army 783 Promoted — Effective from date of vacancy 784 Up to and including captains 783 Pay same as for like grades of Regular Army 783 Post Bxcliange: Amounts due, can not be deducted from travel pay 944 Collections for— At a distance, procedure 946 Erroneously taken up on abstract of collections 950 Credits , limit of 944 Not incumbent upon paymasters whether in excess of limit 945 Debts due— By a deserter can not be deducted from any balances 965 Collectible from any credits, except , 944 Not to be noted on pay rolls until 944 Order of precedence 936 Final statements cashed by 37 Identity of, in doubt, procedure 947 Regulations governing credit at : 944 198 INDEX. Prisoners: Paragraph. Disposition of effects escaped 220 Reward for apprehension of escaped 220 Promotion of Officers. (See Pay Commissioned Officers, Promotions.) Public Monej': Accounts. (See Accounts.) Accounting ofBcers, settlement with paymasters SCO Accounts-current. (See Accounts-Current.) Acts of Congress- Effective on date of approval 867 Payments made in contravention of. 867 Advance of pay not authorized 144 Alaska, disbursing ofhcers in — Authorized to keep, in personal possession 797 Checlss authorized to exchange for cash with 797 Applied solely to objects for which made 790 Appropriations. {See Appropriations.) Available on July 1 unless earlier date is specified 792 Balances over deposited, method of correcting 793 Bonds. (See Bonds.) Books which paymasters are required to keep 813 Certificate of deposits. (See Certificate of Deposits.) Checks, charge for collection of 794 Collections, army paymaster's, check for, dated 83,828 Deposited, will be promptly 795, 796 Depositories— "Disbursing officer's receipt" given by, for 799 Statement of disbursing account answered promptly 800 Transfer of, from one to another not authorized 798, 802 Two or more in same place 798 Deposits by enlisted men, paymaster liable for amount if not accounted for 858 Disbursement of, by pay department accounted for as 812 Disbursing account, statement of, answered promptly 800 Disbursing officers, voluntary payment of amounts disallowed 862 Erroneous expenditure of, on orders from superior 856 Errors— In facts, responsibility for erroneous payments 859 O verdeposit of balances, method for correcting 793 Estimates for, made by chief paymaster 464 Expenditures of, made in obedience to orders from superior 856 Foreign exchange allowed to acting paymasters 442 Fraudulent enlistments, payments made to those serving in 866 In personal possession, if authorized by Secretary of War 796 Insurance of, by officers not authorized 794 Invoices— For transfers of, data required on 808, 872 Money, amounts on, will be expressed in 874 Laws protecting — Acceptance of any gratuity for making payment of, penalty 845 Business, private, carried on by use of, penalty 835 (Conversion of, for personal use 844 Deposited in any place not authorized, penalty 841, 842 Disposition ot funds 836, 841 Expenditure of, beyond amount of appropriations, penalty 846 Failure to make deposit of, as required, penalty 843 Loaning of, prohibited 836, 841 Pay fixed by law, nothing extra for disbursing funds, unless 834 Payments — Made only in 837 To an employee of leas than amount entitled to 840 Public property, concealment of any, penalty 839 Receipt of, by others than those authorized 839 Taken, and no payment 844 Salary, paying of less ttian receipt is taken for 840 Sale of any draft at a premium or otherwise 838 Used for any trade or business, penalty 835 INDEX. 199 Public Money— Continued. Paragraph. Liability— Aqcounts not rendered as provided by law 311 For retention of, if not authorized by law gH Of government— -Assumed by and resting wholly on 792 Failure to appropriate ' 792 Mileage, appropriations for, accounted for, method 812 Payments — Double, to an officer, credit given to whom 863 Erroneous, due to erroneous statement of facts 859 Due to construction of law after 985 Made in disregard to regulations, responsibility for 864 Made in good faith by paymaster 865 None to any person for compensation who is in arrears 977 Penalties for illegal use of. 811,835,840,841,842,843,844,846 Receipts. (See Receipts.) Settlement with paymasters by accounting officers 860 Statement of disbursing account answered promptly 800 Stoppage made by one department for another, disposition of 803 Suspensions. (See Suspensions.) Transferred — Can not be checked against until actual credit has been given 805 Invoices and receipts for cash 808 Must be sent to the depositary and not to the officer, except 805, 826 One appropriation to another 804 One depository to another 798, 802 One officer to another 805 Original receipts for cash not forwarded until 807 Rebonding 806, 814 To be reported as in transit for deposit upon receipt of invoice until 805 Unexpended balances, deposited to credit of 140, 791, 801 Vouchers. (See Vouchers.) Purchase ol Dlscliarge. (See Discharge.) Quartermaster's Supplies: Disposition of 446 Receipts : Blanlc, giving or taldng of in, prohibited 848 Checli: boolis- Issuing officer will be furnished 70 Transfer of, furnished in duplicate 69 Deposit fund, separate, for amounts deposited for credit of 227 Effects- Deceased soldiers 218 Deserters 240 Escaped military prisoners 220 Fees, civilian witness refusing to appear 205 Final statements paid in cash, for deposit, written order will answer 226 Furnished by a depository for public money, will set forth 799 Issued only for 847 , 872 Money amounts on, will be expressed in 874 Not taken when payment is wholly by check 870 Refundments— Descriptive, in duplicate, will be issued 984 Duplicate furnished person making refundment 984 Original forwarded to Paymaster-General 984 Separate, furnished for each individual case 847 Stoppages, Paymaster-General, may direct that, be given for 847 Taken for a greater sum than that paid , penalty 840, 844 Transfer of funds- Data required on invoices and receipts 808,872 Not forwarded before 807 Not taken if made by check 805 Recruiting Service. (See Noncommissioned OfHcers.) 200 INDEX. Regimental, Battalion, or Squadron Staff (swobo Staff Details): Paragraph. Appointment of 561 Commissary not entitled to additional pay as A. C. S 549,562 Entitled to pay of grade 561 Mounts. (See Mounts, Pay for.) Philippine Scouts, battalion staff, appointed from 774 Regimental quartermaster may receive additional pay as A . C. S 550 Reporters : Authority for employment filed with voucher 186 Before courts-martial, compensation of 1B6, 187 Carbon copies if furnished by 186 Courts of inquiry, compensation of 186 Employment of— Authorized for general courts only 187 Board of officers other than, pay from contingencies of the army 189 Retiring boards, authority obtained from 188 Pay of, employed before military courts 186, 187 Retiring boards, compensation of 186 Authority for employment 188 Transportation furnished, deduction for 186 Reports: Allotments- Death of allottee 27 Discontinued — Before expiration of period 9 By death, discharge, or desertion H Receipt of, acknowledged by Paymaster-General 9 Forwarded by registered mail, when 7 Names of allotters 7 Transfer of allotter 17 Arrival at any headquarters 460 Checks- Outstanding, three years or more 85 Paymaster ceasing to act 93 Chief paymaster- Efficiency reports on subordinates 460 Monthly, data required in 469 Prohibited from calling for, except 467 Deposits- All , scope of 224 Deserter who has 224 Soldier, transferred, who has 224 Disbursing account, statement of, answered promptly 800 Efficiency, made by chiefs of bureaus 436 Final statements, nonreceipt or loss of 756 Individual service 467 Leave of absence, data required 463, 464 Monthly , required 461 Officer absent from command 462 Ordnance, charges for, will be verified 937 Paymasters (sec also Paymaster's Reports)—^ Change of station 465 Chief not to call for, in addition to those 457 Efficiency made by chief 460 By chiefs of bureau 435 Should set forth all facts concerning 436 Individual service 467 Leave of absence, if on 463, 464 Monthly, dataetent persons, requirements 503 Marie, made by a, to be witnessed by 722, 871 Millta participating in encampment- Pay rolls, to, must be personal 416 Of enlisted men to paymaster for identification 763 Official, furnished depositaries when 439 Physical Inability to make, requirements 505,871 Soldiers' Home: Effects of enlisted men, unclaimed, go to 219 Funds for support of 952 Officers detailed for duty at 922 Retired officers detailed for duty at 922 Staff Corps, General. (Sccaijo Pay Commissioned Officers): Captains and lieutenants while so serving, pay and allowances of 564 Judge-advocate, pay of 521,563 Pay from date detail is effective 565 Stair Details. {See also Regimental, Battalion, and Squadron Staff): Artillery districts 560 Authority lor, act Congress approved February 2, 1901. Battalion and squadron ' 56i Battalion engineers §61 • Ordnance department- Chief ordnance officer, assignment by President 568 Detail for duty with 566 567 For duty in, second lieutenant pay as first lieutenant 566 Regimental 5gj Stoppages; Enlisted men — Absent without leave, pay for such time treated as, when 602 Authority for g32 Camp and garrison equipage charged separately 936 Company fund, limited to loss of money x>ertalnlng thereto 949 Company tailor, has precedence over those for , 936 Damage to personal property, method of settlement 942 Deserters. {See Deserters.) Discharge remits unaccrued court-martial fines 972 Due In a prior enlistment may be stopped 933 Final statements, verification of charges for subsistence 939 Forfeitures- Ailotments^- Desertion forfeits any unpaid 24 Have precedence over 20 Accrue from date of last payment, except 957 Allowances not included in, unless specified 960 All pay for specified period, stoppages due at date of sentence, priority 953 By illegal court may be repaid ^73 Clothing allowance, can not be collected from 964 Commencement of ggy Company commanders responsible for proper notation of 967 Company fund debts not deducted from, of a deserter 966 INDEX. ' 205 stoppages— Continued. Paragraph. Enlisted men— Continued, Forfeitures— Continued . Deposits- Court-martial forfeitures can not be deducted from 934 Desertion forfeits 223 Dishonorable discharge subject for indebtedness to United States or individuals. . 934 Exempt from liability for private debts 223 Made during fraudulent enlistment not forfeited 232 Sentence of court-martial, can not be forfeited by 223,934 Subject for indebtedness to United States or individuals 934 Deserters 258 Discharge remits unaccrued 972 Erroneous payment to deserter, paymaster credited from 857 Executed sentence can not be set aside except by 973 Fines unaccrued remitted by discharge 972 Full amount of, not deducted on pay rolls, notation required 729 In excess of legal limits, legal part will be executed 951 Legal limits, if in excess of— Collected, may be refunded 973 Part within, will be executed 951 Legal, that may be imposed by courts-martial 951 Limitations as to sentence of courts-martial 951 Month's pay, of a, includes, except 958 Rate of 957 Order of 936 Post exchange debts not payable from deserters' forfeitures, but may be from others.. 965 Priority of indebtedness and forfeitures 963 Rate of pay to cover, not reduced by allotments 962 Rate of month's forfeiture 957 Reduction in grade and month's pay, rate 957,959 Remittal of — By department commander of men under his command 970 Operates only on and after date of order of 969 Satisfied, can not be remitted 971 Sentence which includes both confinement and forfeitures 971 AVhen more than one sentence, when effective 963 Responsibility— For collection of 968 For notation of 967,968 Soldiers' Home receives benefit of all, over and above 952 Stated amount on release from confinement not exempt 954, 955, 956 JIO of his pay for six months construed to mean 961 Two or more running concurrently, example 962 Furlough, transportation and subsistence, furnished while on 941 Garnishment, etc., not recognized 979 Hospital fund, same as company fund 949 Individuals, in favor of 934,936 Laundry- Charges due post, indebtedness to United States 936 Descriptive list, charges for, noted on if transferred 948 Established by private individuals at a military post 948 Licensed, revocable by War Department, not a post laundry 948 Method observed 948 Not to exceed $2 per month 948 Post, debts due, not entered on until 948 Notations of should show 935 Ordnance, verified by paymaster 937 Overpayments can be collected from any amounts due 934 Paymasters requesting entry of, should furnish 935 Post exchange— At a distance, method observed 946 Can not be collected from travel pay 944 Credit extended not to exceed 944 Debts due, not noted on pay rolls untU 944, 947 Identity not shown, method observed 947 Subject to "priority of those for company tailor 93G Missing Page Missing Page 208 INDEX. Transportation: I'aragraph. Civilian witness, deduction ii furnished 105 Deserter- Claim for, priority over forfeitures after apprehension 9(i3 Furnished to or on account of -t'* * -^"'- Wltness at trial, furnished to -•>! Discharged— Outside United States, notation required on final statements 769 Furnished enlisted men. (Sec also Travel Pay.) Deductions by paymaster, account of 997 Discharged soldiers, notations required on final statements 997 Dishonorably discharged, from military prison to home, sentence illegal 998 To reach paymaster 997 Mileage — Deductions — Disposition of 329 Longer route, furnished for entire journey 332 Furnished for part of journey 332 Rate at which made 329 Sleeping-car accommodations 329 Station changed while on leave, land-grant road involved 330 Failure to secure, over aided roads 331 Furnished — Covering meals and berth 312 Noted on orders directing travel 317 Other than official route, covering meals and berth 311 Government conveyance used 313 Hire of, by officer in performance of journey 314 May be secured for entire journey 329 Orders presented as authority for journey, notation as to ." 317 Travel for which transportation must be secured 330 Officers ordered to sail on transport to Immediately apply for 447 Pay rolls, data required on, when charges for, appear 940 Paymasters' clerks. (.See Paymasters' Clerks.) Reporters, deduction If furnished 186 Retired soldiers entitled to, in kind to their homes 886 "Witness at trial of deserter If furnished 261 Travel Pay: Cadets Military Academy, If discharged 399 Enlisted men — Allotments can be collected from 1003 Allowed from place of discharge to place of enlistment 994 Clothing, indebtedness tor, can not be collected from 1003 Commission, discharged to accept, not entitled to 1010 Court-martial fines can not be collected from 1003 Death of parent, discharged accovmt of, entitled to 1002 Deserters — Discharged by reason of, without trial, not entitled to 259 Insanity, discharged for, after apprehension in 748 Restored to duty without trial, not forfeited unless 243 Discharged — Account of death of parent, entitled to 1002 At point remote from railroad station 760 Cause for, determines right to travel pay 761 Civil authorities, while in hands of 749, 750, 761, 1004 Dishonorable, by sentence of court, not entitled to 1007 Fraudulent enlistment, account of, not entitled 746, 1009 Furlough, while on, points between which entitled 1000 Insanity, for, after apprehension in fraudulent enlistment 748 Minority, for,' concealed at enlistment, not entitled 746, 1009 Orders for, recite "Not entitled" not conclusive IO02 Own convenience, not entitled IOO6 Particular place, at a, on request of soldier 999 Purchase, travel pay retained by Government lOOS To accept commission, not entitled lOlo Without honor — Account own misconduct, entitled to lOOl By reason of desertion, not entitled 239, 1008 While in hands of civil authorities serving sentence not entitled to 75O INDEX. 209 Travel Pay— Continued. Paragraph. Enlisted men— Continued. Dishonorably discharged by sentence of court, not entitled 1007 Distances — Between United States and— Cuba, how computed 336 Philippine Islands, how computed 336 Porto Rico, how computed 336 Entitled to, unless discharged as punishment for an offense 994 Fraudulent enlistment, discharged for, not entitled _ 1009 Furlough, discharged while on, points between which entitled 1000 Indebtedness — Clothing, for, can not be collected from 1003 Fines can not be collected from 1003 Overpayments and allotments may be collected from any amounts due 1003 Post exchange, to, can not be collected from 944 Indian scouts entitled to, on discharge 278 Insanity, discharged for mental incompetency after apprehension in 748 Minority concealed at enlistment, discharged for, not entitled 1009 Orders for discharge recite "Not entitled'* not conclusive 1002 Overpayments may be collected from 1003 Philippine Scouts entitled to 780 Points between which entitled '. 994 Post exchange, indebtedness to, can not be collected from 944 Purchase of discharge, travel pay retained by Government ' — 1005 Rate per mile allowed for 994 Retired, not entitled 886 Sea travel — Certain, which is paid for on basis of land travel 994 Subsistence and transportation only allowance for 994 Shortest usually traveled route, what constitutes 996 Transportation furnished- Deductions by paymaster, account of 997 Dishonorably discharged, sentence illegal 998 To military prison 998 For sea travel by longer route 995 To reach paymaster 997 Officers- Actual expenses only for sea travel 1011 Allowed from place of discharge to 1011 Appointment, place of acceptance considered place of residence 1012 Discharged — At place of acceptance of commission, not entitled 1012 As punishment for an offense, not entitled lOli Dismissed by executive order, entitled to 1020 Effective at future date, ordered home, entitled to mileage 1017 Failure to pass mental examination for promotion, entitled 1019 For own convenience, not entitled 1006 Leave of absence, while on, points between which entitled 1000 Medical Reserve Corps. (,See Medical Reserve Corps. ) Orders for, silent as to date, effective 1014 Dismissed by executive order, entitled to 1020 Erroneous payments to, chargeable against 1018 Leave of absence, discharged while on 1000 Medical Reserve Corps, appointed from contract surgeon, not entitled to place of making contract ^'" Orders for discharge silent as to date effective- Discharge effective '"14 Entitled to travel pay, not mileage 1014 Overpayments chargeable against 1018 Points between which travel pay is allowed 1000, 1011 Rate per mile allowed for 1**^1 Resigned- Effective future date, ordered home, entitled to mileage 1017 Not entitled unless tendered account disability incident to 1015 Resigned and is honorably discharged not entitled 1016 Voluntary, not entitled 101^ 54748°— 10 14 210 INDEX. Travel Pay — Continued. O fl&cers— Cont i nued. Sea travel— Paragraph- Actual expenses only for 1011 Certain, which is paid for on basis of land travel lOU Wholly retired not entitled to 930 Vacancies : Commence 499 Vetorinarlans: Assignment of pay vouchers 43 Beneficiary of. l,Sce Beneficiary.) Commutation of quarters, not entitled 1023 Foreign-service pay, entitled to 1022 Leave status- Same as for commissioned officers [see Leave of Absence) 1025 Longevity pay- Entitled to count time served as {see Longevity Pay) 1024 Mileage— Same as for commissioned officers {see Mileage) 1026 Moimted pay. iS(c Mounts, Pay for.) Pay and allowances of 1021 Payments to enlisted men, may witness 1027 Transfer of pay vouchers. {See Assigned Accounts.) Volunteers: Assistant surgeon with rank of captain in militia, entitled to 1030 Enlisted men- Discharged from service as, can not be counted as an enlistment period 6y4 Extra pay on discharge- General staff, shall extend to all when 1033 Law providing for, is permanent until repealed by Congress 1032,1033 One month for service within the United States 1032 Two months for any foreign service 1032 Foreign service two months' extra pay on discharge 1032 O^icers, Regular Army, appointed to grade in, entitled to pay from 500 Pay and allowances same as for Regular Army 1028, 1029 Pensions, same footing as for like grades in Regular Army 1029 Promotion by seniority 1031 Vouchers : Account-current, folded separately, not fastened to account-current 829 Actingcoramissary of subsistence, certificate required with 549 Blank, will not be signed in 870 Checks Issued in paymen t of, notations required 872 Civilian witness, must be accompanied by 198 Commutation of quarters — Dates, specific, ofarrlval or departure noted on 127 First and last voucher, order of assignment or relief filed with 127 Militia, officers of, data required with 405 Data to be noted on 872 Date of payment to be even with that of check 872 Duplicate or triplicate not required unless 868 Errors on any, exceeding 20 cents 850 Experts as witnesses before courts-martial, authority filed 179 Expressing of, to Paymaster- General not advisable 819 Facts entered on, correctness of, to be certified to by 875 Fees, civilian witness, refusing to appear 205 Final statements, money amounts on, expressed in 874 Forwarded with accounts or explanation made 818 Fraction of a cent, method of treating 873 Fraudulent, paymaster's responsibility for payments made on 753 Identity of person presenting, unknown 753 370 Insane, etc. , certificate and data required with 503 Memorandum prepared In office of paymaster 495 Mileage- Inspection ol militia, data required with 246 Order directing travel must be filed with 317 Paid by chief paymaster 316 452 INDEX. 211 VoacHers— Continued. Militia- Encampment, participating In — Paragrapli. If tield for a longer period tlian that prescribed 416 Signatures to pay rolls must be personal 416 Inspection of, data required with, for mileane 346 Military service schools , officers attending— Authority for attending, filed with first 405 Certificate of attendance filed with 405 Date of reporting noted on, all 405 Money amounts noted on, will be expressed in 874 Mounts, pay for— Certificate as to being mounted at own expense 553 First voucher requirements 553 Numbered— Consecutively throughout entire year 878 Series commences on 1st of each January 878 Original will accompany account, unless 869 Fai)ersin support of, to be attached, not pasted to 879 Pay rolls, name of paymaster paying entered on, where 879 Paymasters' clerks, approval of, is required when 475 Paymasters' messengers must be approved 493 Payment of— Cash, with, receipt must be obtained 870 Check, with, receipt will not be taken 870 Date of, to be even with that of check 872 Duplicate payment of, credit to whom given 863 Fraudulent, regulations defective to prevent payment of 865 Identity of claimant to be established before 753, 876 Physical inability to sign, requirements 505 Preparation of— For forwarding to Paymaster- General _ 819 On which officers demand payment, not duty of 877 Receipt, any change in, must be certified to 727 R«;eipted, will not be, when paid wholly by check 870 Reporter, certificate required with 187 Signature to, must correspond with 871 Signed by "mark" must be witnessed by 722.871 Will not be in blank 870 Spiulous, paymasters liable for payment of 753 Witnesses : Account, assignment of. {See Assigned Accounts.) Civil courts- Civilians in government employ, paid by civil authorities 210 Enlisted men- Entitled to pay during detention as 583 Not allowed travel pay from army appropriations 207, 208 Oflacers- Not allowed mileage from army appropriations 207, 208 Testifying for United States before, paid from 209 Ck>mmittees of Congress, etc— Enlisted men not allowed travel allowances from army appropriations 208 Expenses of, paid by committee 208 Officers not allowed mileage when appearing before 208 Military courts. (See also Courts- Martial.) Advance pajTnent of 204, 205 Civilians in government employ — Allowances of 190 Deputy United States marshals and marshals are 192 District of Columbia, employees are 191 Postmasters are 191 Travel allowances of 190 Civilians not in government employ- Allowances of 193 Expert, authority for 179 Furnished transportation 195 212 INDEX. Witnesses— Continued. Military courts— Continued. Civilians not in government employ— Continued. Paragraph. Piiilippine Islands, civil-government employees are not 197 Refusing to appear 204,205 Retired officers subpoenaed are 196 Transportation furnished on transport or by quartermaster 195 Travel allowances of 193 II subpoena is served after reporting to court 199 Compensation, rates of, not retroactive 194 Contract surgeons, entitled to, mileage when ordered 171 Depositions of, certified by judge-advocate of court 203 Expenses of, paid by 176 Navy and Marine Corps, expenses payable from 206 Officers- Summoned as, not entitled to foreign-service increase before courts in United States.. 628 Refusing to appear, fees tendered, except 204, 205 Retired army officer subpoenaed or ordered 196 Subpronaed for distinct cases, same day 201 Summary court, certificate required 200 Travel allowances- Advance payment of 204, 205 In government employ 190 Not in government employ 193,195 One journey, several cases 201 Return journey , 202 Vouchers - Accompanied by i-ertificate of judge-advocate or 198, 199,200,203 Order convening the court., 198 Items set forth in detail and attested by affidavit 193 o 1