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CHAPTER 2

ARMY PERSONNEL

Accountability for public property :
Regulations, 111.
Certification of charges to General Ac-

counting Office, 113. Losses due to accident or casualty of war,

115.

Loss of Fouchers or company books, 116.
Additional officers, 117.
Appointment of officers :

Oath of office, 118.
General officers, 119.
Chiefs of branches and assistants, 120.
Second lieutenants, 121.
From graduates Military Academy, 122.
From cadets discharged for deficiency, 123.
Provisional appointments discontinued,

124. In Air Corps, 125. In Judge Advocate General's Department,

126. In Medical Department, 127.

Chaplains, 128 Appointment and removal; members of the

Army Nurse Corps, 129. Appointment of warrant officers, 130. Appointment of contract surgeons, 132. Appointment of field clerks, discontinued,

133. Assignment:

To branches, 134.
Restrictions repealed, 135.

To Field artillery School, 137.
Civil rights :

Immunity from arrest, 139.

Voting in territories, 140.
Classification of officers, 141.
Command;

Brevetted officers, 142.
Oficers of the Air Corps, 143.
Officers of the Medical Department, 145.
Contract surgeons, 146.

Dental surgeons, 147.
Commissions :

Execution and delivery, 148.
In the several branches, 149.
Posthumous, 150.

Retired officers on promotion, 151.
Deserters :
During World War; military status con-

tinued, 152. Reward for apprehension, 153.

Detail of active personnel :

Desertion :

Penalties and disabilities, 154.
Disabilities removed by subsequent hon-

Restrictions repealed, 156.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 Commis-

sion, 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 pro-

tection, 161a.
To Bureau of the Budget, 162.
To branches, omcers-

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' Train-

ing 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 Republies and Com-

monwealth 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.

orable service, 155.

Detail of active personnel–Continued. Enlistment:
To Philippine Constabulary, 197.

Age limits and physical condition, 246. To recruiting duty, 199.

Citizenship. 247. As instructors in rifle practice, 200.

Minors, 248. As servants, 202.

Persons barred, 249. As reporters, 203.

Term To surveying duty, 204.

General provision, 250.
As Governor of the Virgin Islands, 205.

For training in specialties, 251.
To citizens' military training camps, 206. In time of war, 252.
To United States Disciplinary Barracks, Furlough certificates, 254.
207.

Grades :
Active duty of retired officers :

Enlisted men, 255.
General provisions, 207a.

Retired enlisted men, 256.
Retired for disability, 208.

Relief for overpayments received :
Retired in Class B, 209.

Sergeant-instructors, National Guard, 257. Detail of retired personnel :

Army personnel, 258. As members of courts martial, courts of in- Line and staff ; general officers, 259. quiry, and boards, 211.

National Guard commissions; Regular Army As instructors, Reserve Officers' Training officers, 260.

Corps, and educational institutions, 215. Passes and permits; forging, counterfeiting, As military attachés, 217.

or altering, 261. To National Guard duty, 218.

Prisoners :
As adjutant general, District of Columbia Confinement :
National Guard, 219.

In penitentiary or disciplinary barracks, As post commander, 220.

266. To recruiting duty, 221.

In narcotic farms, 267. To Soldiers' Home, 222.

Employment, 268. To staff duty, 223.

Training with a view to restoration, 269. As superintendent, Arlington National Parole, 270. Cemetery, 223a.

Remission of sentence; restoration to In time of war, 224.

duty; reenlistment, 271. Discharge or retirement of officers :

Reward for recapture, 272. Disqualified for promotion, 224a.

Protection from venereal disease, 273. In Class B, 225.

Promotion of officers : Selected for elimination, 226.

General provision, 274. Discharge :

Examination, 276. Officers; right to trial, 227.

To fill vacancies due to retirement, 277. Flying cadets, 229.

Medical Department :
Enlisted men-

Examination, 278.
On account of dependent relatives, 230. Length of service, 279.
For minority, 231.

Chaplains, 280.
By purchase, 232.

Promotion list, 283.
For misrepresentation of age

Rank:
World War, 233.

Advanced :
Spanis War and Philippine Insur- Limitation, 284.
rection, 234.

Officers of the Air Corps, 285.
Discharge certificate:

In time of war, 289. Issue in true name, 235.

Brevet :
Replacement when lost or destroyed, 236. General provisions, 290.
Forging, counterfeiting, or altering pro- For service against the Indians, 291,
hibited, 237.

Relative :
Return after settlement of accounts, 238. General of the Armies, 292.
Duties :

Officers of the same grade, 293.
Enforcement of State quarantine laws, Warrant officers, 294.
239.

Members of the Army Nurse Corps, 295. Supervision of cooking

Service counted, 296.
Officers of the line, 240.

With Navy, 297.
Officers of the Medical Department, 241. With Marine Corps, 298.
Duty with troops :

With Coast and Geodetic Survey, 299. Officers below grade of brigadier general, Rating: 243.

As air mechanics, 303. Exemptions, 244.

As pilots, 304. Educational facilities in the District of As specialists, 305. Columbia, 245.

Army Register : Library facilities in the District of Co- Rank and service of officers, 306. lumbia, 245a.

Emergency officers' retired list, 307.

Army Register-Continued.

Retired officers on active duty, status, 322. Roll of honor, yellow-lever investigations, Retirement of officers : 308.

In general; date effective, 322a. Army Regulations, 309.

In general; rank, 322b. Regulation of sale of intoxicants, 310.

Chiefs of branches, 322c.
Regulations in the District of Co ia :

General officers, 322d.
Carrying and possession of weapons, 310a. For age, 323.
Dispensing or prescribing marihuana, For disability, 324.
310b,

Retiring boards, 325.
Sale and possession of narcotic drugs, For length of service, 326.
310c.

Service counted, 327. Operation of motor vehicles, 310d.

Medical Department; service counted, 328. Practice of the healing art, 310e.

After Panama Canal service, 331. Practice of dentistry, 310f.

After World War service, 332. Reinstatement of

officers dismissed or Retirement: dropped, 311.

Members of Army Nurse Corps : Restoration to grade :

For length of service or age, 338. Noncommissioned officers reenlisting with- For disability, 338a. in twenty days, 312.

Warrant officers : Enlisted men discharged to accept com- General provision, 339. mission, 313,

After World War service, 340. Restrictions on activities of officers :

Army Mine Planter Service, 341. Civil office, 315.

Enlisted men : Dual office, 315a.

For length of service, 343. Employment of retired officers on river

Service counted double, 344. and harbor works, 315b.

Commissioned service in Philippine Appointment of retired officers in Budget

Scouts, 346. Bureau, 315c.

Commissioned service in Volunteer Employment of retired officers on reclama

Army, 347. tion projects, 315d.

Commissioned service during World Office in Diplomatic and Consular Service,

War, 348. 316.

After World War service, 348a. Dealing with the Government, 317.

Taxation in the District of Columbia, 349. Dual compensation, 317a. Employment on civil works or by corpora

Tour of duty outside continental limits of

U. S., 350. tions, 318. Interference with elective franchise, 319.

Transfer: Private pursuits for hire, 320.

Officers, 351. Membership fees and attendance at con

Enlisted men to Navy, 352. Feptions, 321.

Witnesses before committees of Congress, Engagement with publications, 321a.

353. 111. Accountability for public property; regulations.—* Provided further, 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 oficers 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

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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. 8. 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. O. 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. 8. 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. 8. 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 he 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. 8. 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 books, 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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