and among such forces. I may be permitted to say here, with all deference, that I think the Secretary of War and the Chief of Staff might well review the department ruling recently made in respect of the appointment of staff officers in the National Army for duty other than with organizations of that army, a ruling accentuating distinctions, which in my judgment have no basis in law or fact. There is but one Army of the United States, and every organization, bureau, officer and man in the military service is a part of it."

4. While this opinion expressed some doubt as to the authority for transferring members of the Enlisted Reserve Corps to other forces composing the Army of the United States, it urged strong reasons for permitting such transfer but expressed no opinion on the converse of the proposition. Transferring enlisted men from the National Army to the Enlisted Reserve Corps will result in raising a part of that force by a different method from that authorized by the statute and doubtless would lead to perplexing complications. Furthermore, such transfers would not be simply from one force to another as contemplated in the opinion just quoted from, but would be from one force to an adjunct of another force which is peculiar to that force.

* * *

Section 55, National Defense Act, June 3, 1916, inter alia, provides: "There may be enlisted in the grade or grades hereinbefore specified, for a period of four years, under such rules as may be prescribed by the President, citizens of the United States, or persons who have declared their intentions to become citizens of the United States, subject to such physical, educational, and practical examination as may be prescribed in said rules. For men enlisting in said grade or grades.certificates of enlistment in the Enlisted Reserve Corps shall be issued by the Adjutant General of the Army, but no such man shall be enlisted in said corps unless he shall be found physically, mentally, and morally qualified to hold such certificate and unless he shall be between the ages of eighteen and forty-five years. And the Secretary of War is hereby authorized to issue to members of the Enlisted Reserve Corps and to persons who have participated in at least one encampment for the military instruction of citizen's, conducted under the auspices of the War Department, distinctive rosettes or knots designed for wear with civilian clothing, and whenever a rosette or knot issued under the provisions of this section shall have been lost, destroyed, or rendered unfit for use without fault or neglect upon the part of the person to whom it is issued, the Secretary of War shall cause a new rosette or knot to be issued to such person without charge therefor. Any person who is not an enlisted man of the Enlisted Reserve Corps and shall not have participated in at least one encampment for the military in- · struction of citizens, conducted under the auspices of the War Department, and who shall wear such rosette or knot shall be guilty of misdemeanor punishable by a fine of not exceeding $300, or imprisonment not exceeding six months, or both." Comp. St. 1916, § 1892e.

No educational or practical examination is required of a man drafted into the National Army and if he should be transferred to the Enlisted Reserve Corps, he would escape these requirements, and yet become a member of that corps. No provision is made by the statute for the issuance by the Adjutant General of the certificate of enlistment to

any but those enlisted in the Enlisted Reserve Corps nor is any person not an enlisted man of the Enlisted Reserve Corps unless he has participated in at least one encampment for the military instruction of citizens, permitted to wear the rosette or knot provided by the Secretary of War for these reserves. The period of service of members of the Enlisted Reserve Corps is four years while that of the members of the National Army is for the period of the war. It will thus appear that if men are transferred from the National Army to the Enlisted Reserve Corps, it will become composed of two groups or classes enlisted or serving under totally different requirements and for different periods.

To permit such transfers of men from active duty in the forces of the National Army to the Enlisted Reserve Corps, inactive list, appears to be violative of the spirit of the statute which seeks to secure immediate active military service, and does not at all contemplate reserve or inactive service by any men enlisted or drafted under its provisions. In fact, Congress has deemed it necessary to pass the Act of March 16, 1918 (Pub. 105-65th Congress), in order to authorize enlisted men to be released from active service to follow industrial pursuits. That Act provides for furloughing men with or without pay. If an emergency arises requiring more men in the Enlisted Reserve Corps than actually have enlisted therein, a sufficient number of men to meet this requirement could be discharged from the National Army upon the condition that they immediately re-enlist in the Enlisted Reserve Corps and thus obviate violating the provisions of the statute or giving an unwarranted construction thereto.

The object of section 55 of the National Defense Act is clearly and definitely set forth in the first part of that section as follows:

"For the purpose of securing an additional reserve of enlisted men for military service with the Engineer, Signal, and Quartermaster Corps and the Ordnance and Medical Departments of the Regular Army, an Enlisted Reserve Corps, to consist of such number of enlisted men of such grade or grades as may be designated by the President from time to time, is hereby authorized, such authorization to be effective on and after the first day of July, nineteen hundred and sixteen."

The rule of construction is that the law maker has a definite purpose in every enactment. This intention affords a key to the sense and scope of minor provisions. Obviously it was the purpose of this section to build up a reserve force of enlisted men, not by transferring those already in the service to this particular corps, but by obtaining new enlistments. Transferring already enlisted men from the National Army would secure no additional reserve of enlisted men and would fail to carry out the plainly expressed purpose of this section of the National Defense Act.

5. It is my opinion that enlisted men of the National Army cannot be transferred to the Enlisted Reserve Corps, inactive list, to enable them to accept employment in a war industry or to continue their studies in medical or military institutions.

[Signed] James J. Mayes, Acting Judge Advocate General.

MIL.L.-47

31. FORFEITURE OF PAY AS AFFECTING ALLOTMENTS UNDER WAR RISK INSURANCE

(A)

(Decision of the Comptroller of the Treasury, April 23, 1918.)

My decision is requested of a question relative to the forfeiture of pay per sentences of courts-martial, presented by the Quartermaster General of the Army, as follows:

"Various cases in which soldiers have been absent without leave during the period over which a court-martial forfeiture is applied or where the unexecuted portion of sentence has been remitted have given rise to a serious difference of opinion and of practice with reference to the amount of forfeiture which could be collected.

* * *

"Does a forfeiture of a fractional part of a soldier's pay per month accrue over a period of time during which the soldier is absent without leave or otherwise in a no-pay status?

"Example (1). Private A, serving in first enlistment period, last paid to Sept. 30, 1917, was sentenced Oct. 20, 1917, to forfeit twothirds of his pay per month for three months; was absent without leave October 5 to 15, November 11 to 16, and December 24 to 29, 1917. In settlement of pay rolls for October, November and December should collection be made on each pay roll of two-thirds of a full month's pay, thereby effecting a collection of forfeiture of pay during the periods of absence, when no pay accrued; or should collection be made of two-thirds of the soldier's accrued pay during each of the months named, and on the pay roll for January, 1918, two-thirds of his pay for twenty days, thereby completing three full months' forfeiture?

"Example (2). Private M, serving in first enlistment period, last paid to Oct. 31, 1917, sentenced Nov. 15 to forfeit two-thirds of his pay for one month. Soldier absent without leave Nov. 1 to 10 and indebted to the United States $5 for transportation. On what date does the court-martial forfeiture commence to run and what amount is properly collectible from November pay, attention being invited to so much of paragraph 13702, Army Regulations, as provides that 'the forfeiture will not begin until such stoppages have been satisfied'?

"Example (3). Private N, serving in first enlistment period, last paid to Oct. 31, 1917, has in force compulsory allotment of one-half his pay, Liberty Loan allotment of $5, and insurance premium of $3.25. Sentenced Nov. 20, 1917, to forfeit two-thirds of his pay for one month. Does the forfeiture attack the entire month's pay; and, if not, what amount is attacked and what amount collectible on the November roll, attention being invited to the fact that the amount of the compulsory allotment is already withheld from the soldier by process. of law?"

The views of the Judge Advocate General of the Army relative to this matter given the War Department March 22, 1918, are as follows: "It is recommended that the Comptroller's decision be requested, but incidently the views of this office will be indicated briefly. Paragraph 1370%, Army Regulations, declares that a sentence imposing forfeiture of a part of the pay for a month or number of months 'means

the forfeiture of the part of the pay, as specified, for each month.' This paragraph also prescribes the rule for determining the date when the forfeiture will begin to run. Paragraph 132, Army Regulations, provides that an enlisted man who absents himself from his post or company without authority will forfeit all pay and allowances thereafter accruing until the date of his return to military control.

"It is evident that a court-martial sentence forfeiting, say two-thirds of a soldier's pay for one month is not equivalent to the forfeiture of two-thirds of one month's pay. The forfeiture is not of a definitely ascertained amount of money, but is for a definite period of time and ceases at the expiration of that period, and, in the opinion of this office, it takes away from the soldier only the designated fractional part of the whole amount of pay to which he would otherwise have been entitled for the particular month. In example (1), therefore, where the forfeiture commenced on October 1st, it ceased at the end of December, and only two-thirds of the pay which the soldier earned during each of those months was forfeited.

"As to example (2), the forfeiture did not commence until the stoppage of $5 standing against the soldier had been satisfied, as provided in Army Regulations 13702, and the amount of this stoppage had to accrue after November 10th. At the rate of pay of $30 per month the stoppage was satisfied on November 15th and the forfeiture commenced from and including the 16th. Therefore, for November the amount properly collectible was two-thirds of $15, or $10.

"As to example (3), the court-martial sentence does not operate upon that part of the soldier's pay which is compulsorily withheld as an allotment. As to the Liberty Loan allotment and the insurance premium, it is the view of this office that these should be regarded as Government obligations within the meaning of the provision of paragraph 1370, A. R., directing that 'when stoppages of the nature specified in sections 1 and 2 of paragraph 1370 stand against the soldier, the forfeitures will not begin until such stoppages have been satisfied.' Therefore, deducting one-half of the soldier's pay for November as his compulsory allotment leaves $15 as his monthly rate to which the court-martial sentence may apply, and from this must be deducted the amounts due as Liberty Loan allotment and insurance premium, aggregating $8.25, which will leave a balance of only $6.75 to which the court-martial sentence will apply. Two-thirds of this sum is $4.50. This will not be a literal satisfaction of the court-martial sentence, inasmuch as the sentence would not begin to run against the November pay until the 17th of November, but it is not apparent how the sentence could be given operation over into the succeeding month for the reason that the same class of deductions will intervene."

Paragraphs 1370 and 13702, Army Regulations, are as follows: "1370. Authorized stoppages will be entered on the payrolls and de.ducted at times of payment in the following order:

"1. Reimbursements to the United States.

"2. Reimbursements to individuals, as the quartermaster or post exchange, for instance.

"3. Forfeitures for desertion and fines. *

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 sufficient balance to his credit after all authorized stoppages are deducted. "13702. A sentence imposing forfeiture of a part of pay for a month or number of months means the forfeiture each month for the specified number of months of the specified part of that portion of pay which is not required to be allotted to dependent relatives of class A under the provisions of article II of the act approved October 6, 1917 [40 Stat. 402], commonly known as the war risk insurance act (C. A. R. No. 67, Jan. 31, 1918). If the sentence does not indicate any particular date when the forfeiture shall commence, it will begin with the date from which pay has accrued since last payment; except that when stoppages of the nature specified in sections 1 and 2 of paragraph 1370 stand against the soldier, the forfeiture will not begin until such stoppages have been satisfied. The rate of soldier's pay during the period over which the forfeiture is actually applied will govern the rate of the forfeiture."

The views of the Judge Advocate General upon the question presented are in harmony with the views of this office. From the laws and regulations now in force are formulated the following rules relating to the adjustment of accounts of soldiers where forfeitures of pay per sentences of courts-martial of the description given arise:

1. A forfeiture of a fractional part of a soldier's pay per month does not apply to a period of time during which the soldier was absent without leave or otherwise in a no-pay status.

2. The period of a soldier's absence without leave is from the date of his leaving without authority to the date of his return to military. control; the day of leaving being a day of absence and the day of return a day of duty, without regard to hours. 14 Comp. Dec. 29.

3. No pay accrues in the period of absence without leave; and where no pay accrues there is no pay to forfeit.

4. Where, as in the cases cited, the sentence does not indicate any particular date when the forfeiture shall begin, it will begin with the date from which pay has accrued since last payment.

5. The rate of soldier's pay during the period over which the forfeiture is actually applied will govern the rate of the forfeiture.

6. Forfeiture of a part of the pay for one month or a number of months signifies the forfeiture of the part of the pay, as specified, for each month. Forfeiture of "two-thirds of his pay for one month" is not equivalent to forfeiture of two-thirds of one month's pay. The forfeiture in such case is for a definite period of time, one month, and ceases at the expiration of that period even if the soldier was in a pay status only a part of that period.

7. The monthly compulsory allotments of pay class A under the provisions of sections 200 to 210 of the act of October 6, 1917 (40 Stat. 402 to 405), the allotments under class B of said law (NOTE.-The J. A. G. has requested the Comptroller to reconsider this statement. with reference to class B allotments), the Liberty Loan allotments, and the premiums on war-risk insurance are not disturbed or affected by such sentences of courts-martial imposing a forfeiture of pay.

In each of the three cases cited the soldier was serving as a private in his first enlistment period. Assuming that the rate of the month