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name shall be so entered on said roll. The Secretary of War and the Secretary of the Navy shall deliver to the Commissioner of Pensions a certified copy of each of such of said certificates as he may issue, as aforesaid, and the same shall be full and sufficient authority to the Commissioner of Pensions for the payment by him to the beneficiary named in each such certificate the special pension herein provided for. Sec. 2, id. 54.

1104c. Same-Special pension of $10 per month to each person whose name is placed on roll.-Each such surviving person whose name shall have been entered on said roll in accordance with this Act shall be entitled to and shall receive and be paid by the Commissioner of Pensions in the Department of the Interior, out of any moneys in the Treasury of the United States not otherwise appropriated, a special pension of $10 per month for life, payable quarter yearly. The Commissioner of Pensions shall make all necessary rules and regulations for making payment of such special pensions to the beneficiaries thereof. Sec. 3, id.

1014d. Same-Date of beginning and continuation of.-Such special pension shall begin on the day that such person shall file his application for enrollment on said roll in the office of the Secretary of War or of the Secretary of the Navy after the passage and approval of this Act, and shall continue during the life of the beneficiary. Id.

1014e. Same-To be additional to pension which beneficiary may receive under any other law.-Such special pension shall not deprive any such special pensioner of any other pension or of any benefit, right, or privilege to which he is or may hereafter be entitled under any existing or subsequent law, but shall be in addition thereto. Id. 1014f. Same-Not subject to taxes or any civil process.-The special pension allowed under this Act shall not be subject to any attachment, execution, levy, tax, lien, or detention under any process whatever. Id.

1014g. Same-Holder of two or more medals entitled to but one special pension; rank in service not to be considered.-In case any person has been awarded two or more medals of honor, he shall not be entitled to and shall not receive more than one such special pension.

Rank in the service shall not be considered in applications filed hereunder. Sec. 4, id.

1014h. Same-Allowances to be paid from appropriations for invalid pensions.-All allowances made, or hereafter to be made, to medal of honor pensioners under the Act of Congress approved April twenty-seventh, nineteen hundred and sixteen, shall be paid from the moneys appropriated for the payment of invalid and other

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pensions, and section three of the said Act of April twenty-seventh, nineteen hundred and sixteen, is amended accordingly. Act of June 30, 1916 (39 Stat. 242).

BOARD TO INVESTIGATE AWARDS OF MEDALS OF HONOR.

10141. Composition of board, etc.—A board to consist of five general officers on the retired list of the Army shall be convened by the Secretary of War, within sixty days after the approval of this Act, for the purpose of investigating and reporting upon past awards or issues of the so-called congressional medal of honor by or through the War Department; this with a view to ascertain what medals of honor, if any, have been awarded or issued for any cause other than distinguished conduct by an officer or enlisted man in action involving actual conflict with an enemy by such officer or enlisted man or by troops with which he was serving at the time of such action. Sec. 122, 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. Id.

1014k. Misdemeanor for recipient to publicly wear or display medal after name is stricken 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.

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Service in, confers no right to
retirement or retired pay;
pensionable status

Use of other Government de-
partments for paying, mobiliz-
ing, etc., reserve organiza-
tions

Par.

1031m

1031n

10310

Bounty for reenlistment in time
of war of certain honorably
discharged men as an auxil-
iary to
Premium for recruits may be
paid to third and four class
postmasters for securing----- 1032a
Reenlistment of noncommis-

sioned officer within 20 days
with rank of discharge..
Discharge by purchase may be
final or by furlough to Regu-
lar Army Reserve_.
Discharge or furlough to Regu-
lar Army Reserve on account
of dependency of member of
family_
Travel allowance of enlisted men
on discharge____

1034a

1043a

1031h

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1044a

1045a

1031k

10311

Same-Applies to enlisted men
of National Guard on dis-
charge from United States___ 1045b
Sea travel on discharge..
1046a

1028a. Enlistment of minors.-No person under the age of eighteen years shall be enlisted or mustered into the military service of the United States without the written consent of his parents or guardians, provided that such minor has such parents or guardians entitled to his custody and control. Sec. 27, Act of June 3, 1916 (39 Stat. 186).

(For the provisions of this section preceding this paragraph, see pars. 1031a, 1031b, 1031c, 1031d, and 1034a, and for ensuing provision see par. 1032a.)

1031a. Enlistment, term of.-On and after the first day of November, nineteen hundred and sixteen, all enlistments in the Regular

Army shall be for a term of seven years, the first three years to be in the active service with the organizations of which those enlisted form a part and, except as otherwise provided herein, the last four years in the Regular Army Reserve hereinafter provided for. Id.

(See par. 1031h, post, for provision that all enlistments in the Regular Army and in the Regular Army Reserve in force on date of outbreak of war shall continue for one year, but nothing in the proviso shall shorten the term of enlistment prescribed.)

1031b. Same-Reenlistment after three years' continuous service.At the expiration of three years' continuous service with such organizations, either under a first or any subsequent enlistment, any soldier may be reenlisted for another period of seven years, as above provided for, in which event he shall receive his final discharge from his prior enlistment. Id. 185.

1031c. Same-May be furloughed to Regular Army Reserve after one year's honorable service.-After the expiration of one year's honorable service any enlisted man serving within the continental limits of the United States whose company, troop, battery, or detachment commander shall report him as proficient and sufficiently trained may, in the discretion of the Secretary of War, be furloughed to the Regular Army Reserve under such regulations as the Secretary of War may prescribe, but no man furloughed to the reserve shall be eligible to reenlist in the service until the expiration of his term of seven years. Id. 187.

1031d. Same-Three years to be counted as enlistment period in computing continuous-service pay.-In all enlistments hereafter accomplished under the provisions of this Act three years shall be counted as an enlistment period in computing continuous-service pay. Id.

(For ensuing provision of this section, see par. 1034a.)

1031e. Final discharge issued at expiration of seven years, but account closed on furlough to Regular Army Reserve.-No enlisted man in the Regular Army shall receive his final discharge until the termination of his seven-year term of enlistment except upon reenlistment as provided for in this Act or as provided by law for discharge prior to expiration of term of enlistment, but when an enlisted man is furloughed to the Regular Army Reserve his account shall be closed and he shall be paid in full to the date such furlough becomes effective, including allowances provided by law for discharged soldiers. Sec. 29, id.

(For ensuing provision of this section see paragraph 1044a.)

REGULAR ARMY RESERVE.

1031f. Composition of.-The Regular Army Reserve shall consist of, first, all enlisted men now in the Army Reserve or who shall

hereafter become members of the Army Reserve under the provisions of existing law; second, all enlisted men furloughed to or enlisted in the Regular Army Reserve under the provisions of this Act; and, third, any person holding an honorable discharge from the Regular Army with character reported at least good who is physically qualified for the duties of a soldier and not over forty-five years of age who enlists in the Regular Army Reserve for a period of four years. Sec. 30, id.

1031g. Same-Organization, training, mobilization, pay, etc., of.The President is authorized to assign members of the Regular Army Reserve as reserves to particular organizations of the Regular Army or to organize the Regular Army Reserve, or any part thereof, into units or detachments of any arm, corps, or department in such manner as he may prescribe, and to assign to such units and detachments officers of the Regular Army or of the Officers' Reserve Corps herein provided for; and he may summon the Regular Army Reserve or any part thereof for field training for a period not exceeding fifteen days in each year, the reservists to receive travel expenses and pay at the rate of their respective grades in the Regular Army during such periods of training; and in the event of actual or threatened hostilities he may mobilize the Regular Army Reserve in such manner as he may determine, and thereafter retain it, or any part thereof, in active service for such period as he may determine the conditions demand.1 Sec. 31, id.

1031h. Enlistments in the Regular Army and in, in force at outbreak of war to continue for one year.-All enlistments in the Regu

'Held, that the law contemplates that the President may cause reservists to be organized at all times in the manner indicated and that, in the discretion of the President, they may be attached as such to organizations of the Regular Army that are at maximum strength, but when so attached they are not constituent parts of such organizations and form no part of the numbers authorized by law for such organizations. (War Depart. Bull. 34, Sept. 12, 1916.)

Held, that when so assigned, reservists are eligible for promotion as other members of the organizations who are serving in the active period of their enlistment. (War Depart. Bull. 39, Oct. 6, 1916.)

Held as follows:

(a) Under the statute a reservist is entitled to active duty pay and allowances from the time he reports in person in response to a mobilization order until the time he is actually excused.

(b) As to whether clothing is an allowance to which a reservist is entitled under the circumstances stated, depends upon whether he actually avails himself of such allowance. Clothing is essentially an allowance in kind, furnished for use of enlisted men when they are accepted for actual service, and is commuted to a money value merely for convenience. Therefore, until a reservist is examined and found physically fit for service, and accepted for service, he is not entitled to any clothing allowance. After he is accepted for service he is entitled to draw clothing against his clothing allowance, but if he is excused before drawing clothing against his allowance he should not be credited with any such allowance.

(c) A reservist who, in obedience to a summons, reports at the designated place and is found physically qualified complies with the statute and his right to mobilization pay becomes vested and the same should be paid. (War Depart. Bull. 47, Nov. 16, 1916.)

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