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CHAPTER 2

ARMY PERSONNEL

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Detail of active personnel :

Restrictions repealed, 156.

As aides to general officers, 157. As acting U. S. High Commissioner to the Philippine Islands, 157a. As personal physician to the President, 157b.

To American Battle Monuments Commission, 159.

To American National Red Cross

Officers of the Medical Department, 160.
Officer of the Medical Corps, 161.

To board on beach erosion and shore protection, 161a.

To Bureau of the Budget, 162.
To branches, officers-

General provision, 163.

To Air Corps, 164.

To General Staff Corps, 165.

To branches, enlisted men

General provision, 168.

To office of the Chief of Coast Artillery,

169.

To Department of Commerce, 170.

To District of Columbia government, 170a. To Department of State, 170b.

To educational institutions—

For training in aviation, 171.

For training in specialties, 172.

As instructors, Reserve Officers' Training Corps, 174.

As instructors in general, 175.

To Federal Power Commission, 177.
To flying duty, 178.

To Geological Survey, 180.

To National Advisory Health Council,

181.

In connection with Indian education, 182. As Indian agents, 183.

To Inland Waterways Corporation, 184. To inspect accounts of disbursing officers, 185.

To Latin-American Republics and Commonwealth of the Philippine Islands, 186.

To Lighthouse Service, 187.

To Military Academy, 188.

To Mississippi River Commission, 189.

To National Guard duty

General provision, 191.

To command tactical units, 192.

As chiefs of staff of divisions, 193.

As instructors, 194.

As adjutant general of the National Guard, District of Columbia, 195.

Detail of active personnel-Continued.

To Philippine Constabulary, 197.
To recruiting duty, 199.

As instructors in rifle practice, 200.

As servants, 202.

As reporters, 203.

To surveying duty, 204.

As Governor of the Virgin Islands, 205.
To citizens' military training camps, 206.
To United States Disciplinary Barracks,
207.

Active duty of retired officers:

General provisions, 207a.

Retired for disability, 208.

Retired in Class B, 209.

Detail of retired personnel :

Enlistment:

Age limits and physical condition, 246.
Citizenship, 247.

Minors, 248.

Persons barred, 249.

Term-

General provision, 250.

For training in specialties, 251.
In time of war, 252.

Furlough certificates, 254.
Grades:

Enlisted men, 255.

Retired enlisted men, 256.

Relief for overpayments received:

Sergeant-instructors, National Guard, 257.
Army personnel, 258.

As members of courts martial, courts of in-Line and staff; general officers, 259.
quiry, and boards, 211.

As instructors, Reserve Officers' Training
Corps, and educational institutions, 215.
As military attachés, 217.

To National Guard duty, 218.

As adjutant general, District of Columbia
National Guard, 219.

As post commander, 220.
To recruiting duty, 221.

To Soldiers' Home, 222.

To staff duty, 223.

As superintendent, Arlington

Cemetery, 223a.

In time of war, 224.

Discharge or retirement of officers:

Disqualified for promotion, 224a.

In Class B, 225.

Selected for elimination, 226.

Discharge:

Officers; right to trial, 227.

Flying cadets, 229.

Enlisted men-

National Guard commissions; Regular Army
officers, 260.

Passes and permits; forging, counterfeiting,
or altering, 261.

Prisoners:

Confinement:

In penitentiary or disciplinary barracks,
266.

In narcotic farms, 267.

Employment, 268.

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On account of dependent relatives, 230.

For minority, 231.

By purchase, 232.

For misrepresentation of age-

World War, 233.

Spanish War and Philippine Insur-
rection, 234.

Discharge certificate:

Issue in true name, 235.

Replacement when lost or destroyed, 236.
Forging, counterfeiting, or altering pro-
hibited, 237.

Return after settlement of accounts, 238.
Duties:

Enforcement of State quarantine laws,

239.

Supervision of cooking-

Officers of the line, 240.

Officers of the Medical Department, 241.

Duty with troops:

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Army Register-Continued.

Retired officers on active duty, status, 322.

Roll of honor, yellow-fever investigations, Retirement of officers: 308.

Army Regulations, 309.

Regulation of sale of intoxicants, 310.
Regulations in the District of Columbia:
Carrying and possession of weapons, 310a.
Dispensing or prescribing marihuana,
310b.

Sale and possession of narcotic drugs,
310c.

Operation of motor vehicles, 310d.
Practice of the healing art, 310e.

Practice of dentistry, 310f.

In general; date effective, 322a.

In general; rank, 322b.
Chiefs of branches, 322c.
General officers, 322d.
For age, 323.

For disability, 324.
Retiring boards, 325.

For length of service, 326.
Service counted, 327.

Medical Department; service counted, 328.
After Panama Canal service, 331.
After World War service, 332.

Reinstatement of

officers

dropped, 311.

dismissed or Retirement:

Members of Army Nurse Corps:

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*

Provided fur

111. Accountability for public property; regulations.ther, That hereafter the accounting for Army supplies or property and the fixing of responsibility therefor shall be according to such regulations as may be prescribed by the Secretary of War. Sec. 1, act of Aug. 29, 1916 (39 Stat. 635); 10 U. S. C. 1301.

An earlier provision, found in R. S. 1139, as amended by act of Feb. 27, 1877 (19 Stat. 242), was superseded by this more general provision.

112. This section, based on R. S. 1220 as amended by the act of Feb. 27, 1877 (19 Stat. 243), was expressly repealed by sec. 1, act of Mar. 3, 1933 (47 Stat. 1429).

113. Accountability for public property; certification of charges to General Accounting Office. That instead of forwarding to the accounting officers of the Treasury Department returns of public property intrusted to the possession of officers or agents, the Quartermaster General, the Commissary General of Subsistence, the Surgeon General, the Chief of Engineers, the Chief of Ordnance, the Chief Signal Officer, the Paymaster General of the Navy, the Commissioner of Indian Affairs, or other like chief officers in any department, by, through, or under whom stores, supplies, and other public property are received for distribution, or whose duty it is to receive or examine returns of such property, shall certify to the proper accounting officer of the Treasury Department, for debiting on the proper account, any charge against any officer or agent intrusted with

public property, arising from any loss, accruing by his fault, to the Government as to the property so intrusted to him. Sec. 1, act of Mar. 29, 1894 (28 Stat. 47); 31 U. S. C. 89.

That said certificate shall set forth the condition of such officer's or agent's property returns, that it includes all charges made up to its date and not previously certified, that he has had a reasonable opportunity to be heard and has not been relieved of responsibility; the effect of such certificate, when received, shall be the same as if the facts therein set forth had been ascertained by the accounting officers of the Treasury Department in accounting. Sec. 2, act of Mar. 29, 1894 (28 Stat. 47); 31 U. S. C. 90.

That the manner of making property returns to or in any administrative bureau or department, or of ascertaining liability for property, under existing laws and regulations, shall not be affected by this act, except as provided in section one; but in all cases arising as to such property so intrusted the officer or agent shall have an opportunity to relieve himself from liability. Sec. 3, act of Mar. 29, 1894 (28 Stat. 47); 31 U. S. C. 91.

That the heads of the several departments are hereby empowered to make and enforce regulations to carry out the provisions of this act. Sec. 4, act of Mar. 29, 1894 (28 Stat. 47); 31 U. S. C. 92.

That all laws or parts of laws inconsistent with the provisions of this act are hereby repealed. Sec. 5, act of Mar. 29, 1894 (28 Stat. 47).

By sec. 3, act of Aug. 24, 1912 (37 Stat. 591), the duties of the Commissary General were to be performed by the Quartermaster General.

The duties of the accounting officers of the Treasury Department are now performed by the General Accounting Office. See 1646, post.

Secs. 1303 and 1304, R. S., post, 1518, 1517, require that deficiency in or damage to any article of military supplies and repairs or damages to arms, etc., due to negligence shall be charged against the delinquent, and that the cost or value thereof shall be deducted from his pay.

114. For text of this section as published in the 1929 Edition, see 113, ante.

115. Accountability for public property; losses due to accident or casualty of war. The second auditor shall audit and settle the accounts of line officers of the Army, to the extent of the pay due them for their services as such, notwithstanding the inability of any such line officer to account for property intrusted to his possession, or to make his monthly reports or returns, if such auditor shall be satisfied by the affidavit of the officer or otherwise that the inability was caused by the officer's having been a prisoner in the hands of the enemy, or by any accident or casualty of war. R. S. 278; 31 U. S. C. 95.

The designation of the second auditor was changed to Auditor for the War Department by sec. 3, act of July 31, 1894.

The duties of the auditors are now performed by the General Accounting Office. See 1646, post.

116. Accountability for public property; loss of vouchers or company books.-Section two hundred and twenty-five is amended by adding at the end of the section the following: "In settling the accounts of the commanding officer of a company for clothing and other military supplies, the affidavit of any such officer may be received to show the loss of vouchers or company hooks, or any matter or circumstance tending to prove that any apparent deficiency was occasioned by unavoidable accident or lost in actual service, without any fault on his part, or that the whole or any part of such clothing and supplies had been properly and legally used and appropriated; and such affidavit may be considered as evidence to establish the facts set forth, with or without other evidence, as may seem to the Secretary of War just and proper under the circumstances of the case. R. S. 225; sec. 1, act of Feb. 27, 1877 (19 Stat. 241); 10 U. S. C. 1302.

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