1010e. Same-Penalty fo person who offends again conviction, be punished onment not exceeding ment. Id. 1010f. Same-Prov hundred and twen and more effectua purposes," appra apply to the Co and Marine er month to each person .: surviving person whose accordance with this Act paid by the Commissioner erior, out of any moneys in otherwise appropriated, a spefe payable quarter yearly. The mase all necessary rules and regusuch special pensions to the bene ing and continuation of.-Such speay that such person shall file his sad roll in the office of the Secretary the Navy after the passage and apcontinue during the life of the bene suption to pension which beneficiary may Such special pension shall not deprive sue of any other pension or of any benefit, Id. hes or may hereafter be entitled under e or more medals entitled to but one e not to be considered.-In case any ve or more medals of honor, he shall not receive more than one such special pen sul not be considered in applications filed to be paid from appropriations for inaces made, or hereafter to be made, to es under the Act of Congress approved teen hundred and sixteen, shall be paid spaced for the payment of invalid and other e world of the said Act of April twenty-seventh, , is amended atcordinly. Act of June 09), mending Sec. 3, Act of Apr. 27, 1916 (39 HASTIGATE AWARDS OF MEDALS OF HONOR. , etc.—A board to consist of five genof the Army shall be convened by the of War, within sixty days after the approval of this Act › of investigating and reporting upon past awards or e so called congressional medal of honor by or through partment; this with a view to ascertain what medals of f any, have been awarded or issued for any cause other than -hed conduct by an officer or enlisted man in action involvactual conflict with an enemy by such officer or enlisted man or troops with which he was serving at the time of such action. See. Act of June 3, 1916 (39 Stat. 214). 1014j. Same-Name of recipient to be stricken from medal of honor list on finding of board.--And in any case in which said board shall find and report that said medal was issued for any cause other than that hereinbefore specified the name of the recipient of the medal so issued shall be stricken permanently from the official medal of honor list.1 Id. 1014k. Misdemeanor for recipient to publicly wear or display medal after name is striken from list.--It shall be a misdemeanor for him. to wear or publicly display said medal, and, if he shall still be in the Army, he shall be required to return said medal to the War Department for cancellation. Id. 10141. Board given access to records of War Department.-Said board shall have full and free access to and use of all records pertaining to the award or issue of medals of honor by or through the War Department. Id. 1014m. Actual expenses of board payable from contingencies of Army for War Department.-The actual and necessary expenses of said board and its members shall be paid out of any appropriations available for contingent expenses of the Army of the War Department. Id. 'Certain questions were submitted as to the construction of section 122 of the national-defense act, approved June 3, 1916, providing for the appointment of a board of retired officers to investigate and report upon past awards or issues of the so called congressional medals of honor by or through the War Department. Held, that as the statute expressly requires that "in any case in which the board shall find and report" that the medal was issued for any cause other than that specified in the statute "the name of the recipient of the medal so issued shall be stricken permanently from the medal of honor list," the Secretary of War is without discretion to review or control the findings of the board; that the law requires from him administrative action (1) to cause the name of the recipient of the medal which the board finds was improperly issued to be stricken “permanently from the official medal of honor list"; and (2) if the recipient "shall still be in the Army" to require him to "return said medal to the War Department for cancellation"; and that the act requires the Secretary of War to proceed at once to give execution to the findings of the boord in these respects and gives him no authority to postpone action. Held further, that although the provision making it a misdemeanor for the recipient of a medal of honor which the board finds was improperly issued to wear or publicly display the same fails to prescribe a penalty for the offense. nevertheless the statute does not charge the Secretary of War with any duty to enforce this provision (War Dept. Bull. 15, Mar. 24, 1917.) Same-Reenlistment after three years' continuous service_____ 1031b Same May be furloughed to Regular Army Reserve after one year's honorable service__ 1031c Same Three years to be counted as enlistment period in computing continuous-service pay- 1031d Final discharge issued at expira tion of seven years, but account closed on furlough to Regular Army Reserve---‒‒‒‒ 1031e Regular Army Reserve___ 1031f-10310 Composition of ‒‒‒‒‒‒‒ ____ 1031f Same-Organization, training, mobilization, pay, etc., of____ 1031g Enlistments in the Regular Army and in, in force at outbreak of war to continue for one year. Period of enlistments in Regular Army and Regular Army Reserve in force on approval of act_ Discharge of enlisted men of Regular Army and National Guard on termination of emergency. 1031h 1031h 1043a 1043c sioned officer within 20 days with rank of discharge_-_-_-_ 1034a Discharge by purchase may be final or by furlough to Regular Army Reserve Reenlistment of men discharged from Army to accept commissions in National Guard, etc. 1043b Same Computation of continuous service pay.. Computation of continuous service pay of discharged enlisted men serving as officers of National Guard, in Officers' Reserve Corps, etc‒‒‒‒‒‒ Discharge or furlough to Regular Army Reserve on account of dependency of member of family 1043d 1031h 1044a ་་ ་་་ nors.-No person under the age of eighteen mastered into the military service of the e written consent of his parents or guardim.nor has such parents or guardians entitled VALLOL Sec. 27, Act of June 3, 1916 (39 Stat. mis section preceding this paragraph, see paragraphs wd 1034a, and for ensuing provision see paragraph ern of-On and after the first day of Novemand sixteen, all enlistments in the Regular een of seven years, the first three years to be wth the organizations of which those enlisted t as otherwise provided herein, the last four Any Reserve hereinafter provided for. Id. ost, for provision that all enlistments in the Regular my Reserve in force on date of outbreak of war ar but nothing in the proviso shall shorten the term sment after three years' continuous service.three years' continuous service with such oreder a first or any subsequent enlistment, any d for another period of seven years, as above - event he shall receive his final discharge from 24.185. furloughed to Regular Army Reserve after cice.-After the expiration of one year's y enlisted man serving within the continental States whose company, troop, battery, or deVer shall report him as proficient and sufficiently discretion of the Secretary of War, be furVogelar Army Reserve under such regulations as 1er may prescribe, but no man furloughed to the a be made between the Army and the Marine Corps in es have been established by the courts with regard to the who enlisted without the written consent of his parent or over 16 can not avoid his enlistment. In re Morrissey parent or guardian, to do so, must act seasonably, EX (4) Posl. 664); Ex parte Rush (246 Fed. 172); and before the stined the age of 18 years, Ex parte Dostal, supra; Ex parte HubP 761. If the minor is being held for an offense against military we murisdiction of the military authorities can not be ousted by the civil , PX parte Dostal, supra: Dillingham 2. Bocker (163 Fed. 696); Ex parte Rosi, suma. On the general subject, see note in 39 L. R. A., N. S., 454. (Dig. Opin. J. A. G., March, 1918.) |