CHAPTER 2 ARMY PERSONNEL Accountability for public property: Command: Brevetted officers, 142. Officers of the Air Corps, 143. Officers of the Finance Department, 144. Dental surgeons, 147. Execution and delivery, 148. In the several branches, 149. Retired officers on promotion, 151. During World War; military status continued, 152. Reward for apprehension, 153. Desertion: Penalties and disabilities, 154. Disabilities removed by subsequent honorable service, 155. Detail of active personnel : Of officers; restrictions repealed, 156. To Alaska Road Commission; engineer To American Battle Monuments Commis- To American National Red Cross- Officers; general provision, 163. To General Staff Corps- Officers of noncombatant branches Enlisted men; general provision, 168. To office of the Chief of Coast Artillery; warrant officers and enlisted men, 169. To Department of Commerce; officers of the Air Corps, 170. To educational institutions For training in aviation, 171. Detail of active personnel-Continued. To educational institutions-Continued. Maintaining courses of instruction prescribed by the Secretary of War, 175. To Enlisted Reserve Corps, 176. To Federal Power Commission; officer of the Engineer Corps, 177. To flying duty; number restricted, 178. Geological Survey; officers of the To Hygienic Laboratory; officer of Medical Department, 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, 186. To Lighthouse Service; officers of the Engineer Corps, 187. To Military Academy; officers of the Dental Corps, 188. To Mississippi River Commission; officers of the Engineer Corps, 189. To duty in connection with mobilization, 190. To duty with National Guard General provision, 191. To command tactical units, 192. As chiefs of staff of divisions, 193. As instructors, 194. To National Guard of the District of Columbia, 195. To United States park police, 196. To Philippine constabulary, 197. To office of Director of Public Buildings and Public Parks, 198. To recruiting duty, 199. As instructors in rifle practice, 200. To Shipping Board, 201. To special duty, restricted, 202. As stenographic reporters; enlisted men, 203. To Soldiers' Home, 204. As Governor of the Virgin Islands, 205. To Citizens' Military Training Camps, 206. To U. S. Disciplinary Barracks, 207. Detail of retired personnel: Of retired officers to active duty Officers retired for disability, 208. Of retired officers To Alaska Road Commission, 210. To courts-martial, courts of inquiry, and boards, 211. To educational institutions As president, superintendent, or professor, 212. As superintendent or professor, 213. As instructors in military drill and tactics, 214. Maintaining R. O. T. C. units or courses of instruction prescribed by the Secretary of War, 215. Detail of retired personnel-Continued. Of retired officers-Continued. To enlisted Reserve Corps, 216. As military attachés, 217. To duty with National Guard, 218. To duty with National Guard, District As post commander, 220. To staff duty, 223. In time of war, 224. Discharge: Officers in Class B, 225. Officers selected for elimination, 226. Warrant officers, Army Mine Planter Flying cadets, 229. Enlisted men On account of dependent relatives, 230. For minority, 231. For misrepresentation of age- Spanish War and Philippine Insur- 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, officers commanding seacoast stations, 239. Supervision of cooking Officers of the line, 240. Officers of the Medical Department, 241. Surveying coast of the United States; officer of the Army, 242. Duty with troops: Officers below grade of brigadier general, 243. Exemptions, 244. Educational and library facilities in the District of Columbia, 245. Enlistment: Qualifications as to age and physical condition, 246. Qualifications as to citizenship, 247. Minors, 248. Persons barred, 249. Term General provision, 250. For training in specialties, 251. Time lost to be made good, 253. Enlisted men, 255. Retired enlisted men, 256. Impersonating an officer, 257. Liability for overpayments of pay and allowances, 258. 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); U. S. C. 10: 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. Same; reports of damage to ordnance.-Every officer commanding a regiment, corps, garrison, or detachment shall make, once every two months, or oftener if so directed, a report to the Chief of Ordnance stating all damages to arms, equipments, and implements belonging to his command, noting those occasioned by negligence or abuse, and naming the officer or soldier by whose negligence or abuse the said damages were occasioned. R. S. 1220, as amended by act of Feb. 27, 1877 (19 Stat. 243). This section, as enacted in the Revised Statutes, contained only the provision set forth here. It was amended by adding at the end of the section a provision for alteration of clothing, by 2137, post. 113. Same; 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) ; U. S. C. 31: 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); U. S. C. 31: 90. 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); U. S. C. 31: 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 1665, post. Notes of Decisions Government against him for the value of property unaccounted for, both as to the property and its value, charged at its cost to the Government. U. S. v. Du Perow (D. C. 1913), 208 Fed. 895. See also U. S. v. Patrick (C. C. A. 1896), 73 Fed. 800. Effect of certificate under this act.-A certificate of the proper auditor, authentieated in accordance with R. S. 886, post, 756, showing a balance audited against an officer on a certificate made under this act makes a prima facie case in a suit by the 114. Same; relief from liability. 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); U. S. C. 31: 91. The other sections of the act cited, 113, ante, require certification to the General Accounting Office of charges against officers for loss of property entrusted to them. 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. 115. Same; losses due to accident or casualty of war.-The second auditor shall audit and settle the accounts of line officers of the Arnry, 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; U. S. C. 31: 95. The designation of the second auditor was changed to Auditor for the War Depart ment by sec. 3, act of July 31, 1894. The duties of the auditors are now performed by the General Accounting Office. See 1665, post. 116. Same; 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. Act of Feb. 27, 1877 (19 Stat. 241), amending R. S. 225; U. S. C. 10: 1302. 117. Additional officers.-Officers now carried as additional numbers shall be Included in the numbers provided for by this Act, and, after June 30, 1920, shall no longer be additional, and any officer hereafter appointed, under the provisions of law, to a grade in which no vacancy exists, shall be an additional number in 51109-3012 |