officer now on the retired list shall be allowed or paid any further increase of longevity pay, and officers hereafter retired, except as herein provided, shall not be allowed or paid any further increase of longevity pay above that which had accrued at date of their retirement. Act of Mar. 2, 1903 (32 Stat. 932), making appropriations for the support of the Army. See notes to 1637, ante. 1646. Longevity pay of retired officers detailed to active duty.-Provided, further, That hereafter any retired officer of the Army who has been detailed to active duty, and who has since his retirement, served on active detail shall be entitled to increases of longevity pay to be computed as provided by existing statute for the computation of longevity pay, for the time of his service before retirement and on active detail since his retirement. Act of May 12, 1917 (40 Stat. 48), making appropriations for the support of the Army. 1647. Bonus paid to wholly retired officers.-Officers wholly retired from the service shall be entitled to receive, upon their retirement, one year's pay and allowances of the highest rank held by them, whether by staff or regimental commission, at the time of their retirement. R. S. 1275. But see 2406, post. 1648. Rate of pay of retired officers.-Officers retired from active service shall receive seventy-five per centum of the pay of the rank upon which they are retired. R. S. 1274. Provided further, That the increases provided in this Act shall not enter into the computation of the retired pay of officers or enlisted men who may be retired prior to July 1, 1922: Sec. 13, act of May 18, 1920 * (41 Stat. 604). See 2406, post. For status of officers retired before the separation of the Field and Coast Artillery, see 2436, post. See, also, notes to 1637, ante. Notes of Decisions. Nature of pay.-An officer on the retired list owes no service to the Government, and his retired pay is an honorary form of pension. Geddes v. U. S. (1903), 38 Ct. Cl. 428. Pay always follows rank; but rank is not an office. Cloud v. U. S. (1907), 43 Ct. Cl. 69. Amount of pay. This section intended three-fourths of the full pay the retired officer was entitled to receive when retired, and not three-fourths of allowances which he was debarred from receiving by 1638, 1639, ante. Roberts . U. S. (1874), 10 Ct. Cl. 283. And see Tyler v. U. S. (1880) 16 Ct. Cl. 223; Wood v. U. S. (1883), 2 Sup. Ct. 551, 554, 107 U. S. 414, 27 L. Ed. 542; Marshall v. U. S. (1888), 8 Sup. Ct. 520, 124 U. S. 391, 31 L. Ed. 475; Marshall v. U. S. (1885), 20 Ct. Cl. 370. The President can not fix by the order of retirement a rate of pay different from that provided by this section. (1878) 15 Op. Atty. Gen. 442. 1649. Officers over forty-five years of age when originally appointed.*** Any person originally appointed under the provisions of this Act at an age greater than forty-five years shall, when retired, receive retired pay at the rate of 4 per centum of active pay for each complete year of commissioned service in the United States Army, the total to be not more than 75 per centum. Sec. 24, act of June 3, 1916 (39 Stat. 182–183), as amended by sec. 24, act of June 4, 1920 (41 Stat. 771). * * * * * Those now on the re 1650. Retired officers of Philippine Scouts.tired list shall hereafter receive the same pay as a retired second lieutenant of equal service. Officers of the Philippine Scouts shall hereafter be retired under the same conditions, and those hereafter placed on the retired list shall receive the same retired pay, as other officers of like grades and length of service, and shall be equally eligible for advancement on account of active duty performed since retirement. Sec. 22a, added to the act of * June 3, 1916, by sec. 22, act of June 4, 1920 (41 Stat. 770). By sec. 26, act of June 3, 1916 (39 Stat. 185), retirement of officers of the Philippine Scouts with the retired pay and allowances of master signal electricians of the Army, was provided for. That section was stricken out by sec. 26, act of June 4, 1920 (41 Stat. 775). Here 1651. Rate of pay of retired officers while on active duty.after retired officers below the grade of brigadier general and retired warrant officers and enlisted men shall, when on active duty, receive full pay and allowances. Sec. 40b, added to the act of June 3, 1916, by sec. 33, act of June 4, 1920 (41 Stat. 777). Sec. 24, act of June 3, 1916 (39 Stat. 183), as amended by sec. 4, act of July 9, 1918 (40 Stat. 890), provided that retired officers on active duty should receive the rank, pay and allowances of the grade, not above colonel, that they would have attained in due course of promotion had they remained on the active list for a period beyond the date of their retirement equal to the total amount of time during which they had been detailed on active duty since their retirement. This provision was stricken out by sec. 24, act of June 4, 1920 (41 Stat. 771). Said sec. 24, as originally enacted, also provided that in time of war retired officers on active duty should receive the full pay and allowances of their grades. 1652. Active duty pay of retired officers above the grade of major.Provided, That retired officers of the Army above the grade of major, heretofore or hereafter assigned to active duty, shall hereafter receive their full retired pay and shall receive no further pay or allowances from the United States: Act of Mar. 2, 1905 (33 Stat. 831). For provision now applicable to all officers below grade of brigadier general, see 1651, ante. 1653. Pay of retired officers detailed to educational institutions.-Provided, That the Act approved November third, eighteen hundred and ninety-three, authorizing the detail of officers of the Army and Navy to educational institutions, be amended so as to provide that retired officers, when so detailed, shall receive the full pay and allowances of their rank, except that the limitations on the pay of officers of the Army above the grade of major as provided in the Acts of March second, nineteen hundred and five, and June twelfth, nineteen Lundred and six, shall remain in force. Act of Mar. 3, 1909 (35 Stat. 738), amending act of Nov. 3, 1893 (28 Stat. 7). For the provisions of act of Mar. 2, 1905, mentioned as limiting the pay of officers above the grade of major, see 1652, ante. Act of June 12, 1906, also mentioned, was superseded by sec. 24, act of June 3, 1916 (39 Stat. 183), which was amended by sec. 4, act of July 9, 1918 (40 Stat. 890), and stricken out by sec. 24, act of June 4, 1920 (41 Stat. 771). See 1651, ante. 1654. Pay of supernumerary officer when discharged at his own request.— Provided further, That any officer who is supernumerary to the permanent organization of the Army as provided by law may, at his own request, be honorably discharged from the Army, and shall thereupon receive one year's pay for each five years of his service, but no officer shall receive more than three years' pay in all: Act of June 30, 1882 (22 Stat. 118), making appropriations for the support of the Army. * 1655. Pay of officers and enlisted men on duty requiring aerial flights.Officers and enlisted men of the Army shall receive an increase of 50 per centum of their pay while on duty requiring them to participate regularly and frequently in aerial flights; Sec. 13a, added to the act of * * June 3, 1916, by sec. 13, act of June 4, 1920 (41 Stat. 769). By sec. 3, act of July 18, 1914 (38 Stat. 515), military aviators had, while so serving, the rank, pay, and allowances of one grade higher than that held by them under their commission, provided said commission was not higher than that of captain, and while on duty requiring regular and frequent flights received an increase of 75 per centum in the pay of their grade and length of service. A similar provision in sec. 13, act of June 3, 1916 (39 Stat. 175), gave the same benefits to junior military aviators not above the grade of captain, except that the amount of the increase was 50 per centum, and made the same provision as the act of July 18, 1914, for military aviators. Sec. 6, act of July 24, 1917 (40 Stat. 245), provided that officers attached to the aviation section of the Signal Corps for duty requiring regular and frequent flights should receive an increase of 25 per centum. All these provisions are superseded by the above provision, except in the special case of 1658, post. 1656. Additional pay for aviation duty limited. * and hereafter no person shall receive additional pay for aviation duty except as prescribed in this section: * Sec. 13a, added to the act of June 3, 1916, by sec. 13, act of June 4, 1920 (41 Stat. 769). Each aviation 1657. Pay of aviation students on flight duty.student authorized by this Act shall, while on duty that requires him to participate regularly and frequently in aerial flights, receive an increase of 25 per centum in the pay of his grade and length of service under his line commission. Sec. 3, act of July 18, 1914 (38 Stat. 515). This section may be held superseded by 1655, 1656, ante, and 1673, post. Pro 1658. Pay of military aviators and junior military aviators.vided, That in lieu of the 50 per centum increase of pay provided for in this Act any officer or enlisted man upon whom the rating of junior military aviator, or military aviator, has heretofore been conferred for having specially distinguished himself in time of war in active operations against the enemy, shall, while on duty which requires him to participate regularly and frequently in aerial flights, continue to have the rank, pay, and allowances and additional pay now provided by the Act of June 3, 1916, and the Act of July 24, 1917. Sec. 127a, added to the act of June 3, 1916, by sec. 51, act of June 4, 1920 (41 Stat. 785). Sec. 13, act of June 3, 1916 (39 Stat. 175), provided that while on flying duty the pay of a junior military aviator should be increased 50 per cent, and that of a military aviator 75 per cent, and that each should have rank of one grade higher than that of his commission but not higher than that of captain. See notes to 1655, ante. * Pro 1659. Junior military aeronauts and military aeronauts.— vided, That junior military aeronauts and military aeronauts shall be entitled to the same increase in rank and pay as are now authorized by law for junior military aviators and military aviators, respectively: Sec. 6, act of July 24, 1917 (40 Stat. 244). 1660. Pay, allowances, etc., of temporary forces in the Signal Corps and Air Service. That all officers and enlisted men of the temporary forces of the Signal Corps, including the Aviation Section thereof provided for herein, shall be in all respects on the same footing as to pay, allowances, and pensions as * permanent officers and enlisted men of corresponding grades and length of service in the Regular Army. Sec. 8, act of July 24, 1917 (40 Stat. 245). 1661. Pay of officers absent from duty.-Officers when absent on account of sickness or wounds, or lawfully absent from duty and waiting orders, shall receive full pay; when absent with leave, for other causes, full pay during such absence not exceeding in the aggregate thirty days in one year, and halfpay during such absence exceeding thirty days in one year. When absent without leave, they shall forfeit all pay during such absence, unless the absence is excused as unavoidable. R. S. 1265. Notes of Decisions. Revocation of dismissal or resignation.The President, having once dismissed a military officer or accepted his resignation and given notice thereof, so that nothing remains to be done to make the severance complete, can not again restore him to office except by a new appointment in pursuance of a nomination to and confirmation by the Senate. Mimmack v. U. S. (1878), 97 U. S. 426; U. S. v. Corson (1884), 114 U. S. 619, reversing Corson v. U. S. (1881), 17 Ct. Cl. 344, and overruling a contrary doctrine previously prevailing in the Court of Claims. Duty status.-The duty status of an officer serving beyond seas remains the same for all purposes until his return home. His detachment from service beyond seas does not take effect until his return; and it continues during delay taken in return, if such delay was allowed as leave of absence and he was entitled to it by law. Izard v. U, S. (1913), 48 Ct. Cl. 367; distinguishing Roberts v. U. S. (1909), 44 Ct. Cl. 411. Absence with leave.-Under this section, an officer coming within its provisions is entitled to half pay while on leave granted by proper authority and can not be deprived of the same by an order of the President. U. S. v. Andrews (1916), 240 U. S. 90. the leave. Id.; Glavey v. U. S. (1901), 182 U. S. 595. An officer held not absent with leave. U. S. v. Williamson (1874), 23 Wall. 411, 414, 23 L. Ed. 89. Awaiting orders.-An officer, ordered home to await orders, can not make his home ambulatory by simply reporting from the places where he may chance to be, Chilson v. U. S. (1875), 11 Ct. Cl. 691, Absence without leave.-The pay of an officer absent without leave is not absolutely forfeited. The absence may be excused as unavoidable. In re Smith (1888), 23 Ct. Cl. 452. The provision that an officer absent without leave shall forfeit all pay unless the absence is excused prevails, whether a court-martial declares a forfeiture or not. Dodge v. U. S. (1897), 33 Ct. Cl. 28. Accepting leave with the condition affixed that it be without pay does not amount to absence without leave for which pay can not be allowed under the statute. U. S. v. Andrews (1916), 240 U. S. 90. Suspension from duty.-An officer of the Army, while suspended from duty, is not entitled to emoluments or allowances. Swaim v. U. S. (1897), 17 Sup. Ct. 448, 453, 165 U. S. 553, 41 L. Ed. 823. Recovery of payments made.-Where payments have erroneously been made to an officer for a period during which he was absent without leave it may be recovered back. Crowell v. U. S. (1887), 22 Ct. Cl. 69. An officer granted and accepting leave without pay is not estopped from demanding the half pay allowed by statute, even though he did not protest at the affixing of such a condition to the order granting 1662. Full pay of officers absent with leave.-That an act approved May eighth, eighteen hundred and seventy-four, in regard to leave of absence of Army officers, be, and the same is hereby, so amended that all officers on duty shall be allowed, in the discretion of the Secretary of War, sixty days' leave of absence without deduction of pay or allowances: Provided, That the same be taken once in two years: And provided further, That the leave of absence may be extended to three months, if taken once only in three years, or four months if taken once only in four years. * * * Act of July 29, 1876 (19 Stat. 102), amending act of May 8, 1874 (18 Stat. 43). Notes of Decisions. See, also, notes to 1661, ante. Commutation of quarters.-An officer in the enjoyment of quarters in kind at the commencement of leave (cumulative) does not become entitled to commutation upon the commencement of the leave, nor does he become entitled to commutation if, during such leave, he voluntarily abandons the use of the quarters in kind; nor if he vacates them at the command of his superior; nor if there are unoccupied quarters that might properly have been assigned to him had not leave been granted. (1881) 17 Op. Atty. Gen. 41. Sec. 31 of the act of Mar. 3, 1863 (12 Stat. 736), does not apply to an officer ordered to proceed to his home and there await orders, though the order was issued at his own request. An officer "absent with leave" is at liberty to go where he will; an officer ordered to a particular * place, there to await orders, must remain in that place and continue as much under orders as though assigned to any ordinary military duty. Williamson v. U. S., 10 Ct. Cls. 50, and 23 Wall., 411; Phisterer v. U. S., 11 Ct. Cls. 98, and 94 U. S. 219. An officer ordered home to await orders may change his place of residence, reporting the fact to the War Department. Phisterer v. U. S., 12 Ct. Cls. 98. An officer ordered home to await orders can not make his home ambulatory by simply reporting from the places where he may chance to be. Chilson v. U. S., 11 Ct. Cls. 691. Pay while under charges.-The fact that an officer or soldier is under charges does not by military law deprive him of Lis pay, although under the application of military rules exceptions may arise to this rule. Dodge v. U. S., 33 Ct. Cls. 28. 1663. Volunteer service included in computing accrued leave of officers.Provided, That officers appointed to the Regular Army from the volunteer service, whose service has been continuous, shall, in the computation of leaves of absence after their appointment in the Regular Army, be entitled to the leave credits which accrued to them as volunteer officers where such leave credits were not availed of during their volunteer service. Act of June 30, 1902 (32 Stat. 508), making appropriations for the support of the Army. 1664. Leaves of absence of instructors at service schools.* Provided, That the provisions of section thirteen hundred and thirty, Revised Statutes, authorizing leaves of absence to certain officers of the Military Academy, during the period of the suspension of the ordinary academic studies, without deduction from pay and allowances, be, and are hereby, extended to include officers on duty exclusively as instructors at the service schools on approval of the officer in charge of said schools. Act of Mar. 23, 1910 (36 Stat. 244), making appropriations for the support of the Army. * R. S. 1330, the provisions of which are extended by this act, is set forth, 2654, post. 1665. Period of leave of absence of officers detailed to Alaska or on foreign service.- * * Provided, That leaves of absence which may be granted officers of the Regular or Volunteer Army serving in the Territory of Alaska or without the limits of the United States, for the purpose of returning thereto, or which may have been granted such officers for such purpose since the thirteenth day of October, eighteen hundred and ninety-eight, shall be regarded as taking effect on the dates such officers reached or may have reached the United States, respectively, and as terminating, or as having terminated, on the respective dates of their departure from the United States in returning to their commands, as authorized by an order of the Secretary of War, dated October thirteenth, eighteen hundred and ninety-eight: Act of Mar. 2, 1901 (31 Stat. * 902), making appropriations for the support of the Army. 1666. Period of leave of absence of officers from the Philippines.— Provided further, That leaves to be absent from the Philippine Islands, other than to return to the United States, which may be granted officers of the Army serving in said islands and sailing from Manila, shall be regarded as taking ef |