* 1684. Additional pay for balloon mechanicians.— Provided, That balloon mechanicians shall receive the same increase of pay as now prescribed by law for aviation mechanicians. Sec. 7, act of July 24, 1917 (40 Stat. 245). But see 1655 and 1656, ante. 1685. Additional pay for military telegraphers, etc.-That section twentyeight of said Act be, and is hereby, amended by striking out the period at the end thereof, substituting therefor a colon, and adding the following: “Provided, That enlisted men who are now qualified, or who may hereafter qualify, as expert military telegraphers, shall receive $5 a month; as first-class military telegraphers, $3 a month; as military telegraphers, $2 a month; all in addition to their pay, under such regulations as the Secretary of War may prescribe, but no enlisted man shall receive at the same time additional pay for more than one of the classifications named." Sec. 5, Chap. XVII, act of July 9, 1918 (40 Stat. 890), amending sec. 28, act of June 3, 1916 (39 Stat. 187). That said Act be, and the same is hereby, amended by striking out section 28, with the exception of the proviso added thereto by Chapter XVII, section 5 of an Act of Congress approved July 9, 1918, providing pay for qualification as telegraphers. Sec. 28, act of June 4, 1920 (41 Stat. 775), amending sec. 28, act of June 3, 1916 (39 Stat. 186–187). 1686. Additional pay of marksmen, etc.-That hereafter enlisted men now qualified or hereafter qualifying as marksmen shall receive $2 per month; as sharpshooters, $3 per month; as expert riflemen, $5 per month; as second-class gunners, $2 per month; as first-class gunners, $3 per month; as expert firstclass gunners, Field Artillery, $5 per month; as gun pointers, gun commanders, observers second-class, chief planters, and chief loaders, $7 per month; as plotters, observers first-class, casemate electricians, and coxswains, $9 per month, all in addition to their pay, under such regulations as the Secretary of War may prescribe, but no man shall receive at the same time additional pay for more than one of the classifications named in this section. Act of May 11, 1908 (35 Stat. 110), as amended by act of May 12, 1917 (40 Stat. 45). Previous provisions for additions to pay of first-class gunners and second-class gunners, made by sec. 7, act of Feb. 2, 1901 (31 Stat. 749), and act of Apr. 23, 1904 (33 Stat. 260), and to pay of men qualifying as marksmen, sharpshooters, or expert riflemen, made by act of Mar, 2, 1903 (32 Stat. 929), and June 12, 1906 (34 Stat. 241), were superseded by act of May 11, 1908 (35 Stat. 110), which was superseded by the provisions of this act. 1687. Vacant. * * 1688. Additional pay for foreign service.Provided, That hereafter the pay proper of all commissioned officers and enlisted men serving beyond the limits of the States comprising the Union and Territories of the United States contiguous thereto shall be increased ten per centum for officers and twenty per centum for enlisted men over and above the rates of pay proper as fixed by law for time of peace, and the time of such service shall be counted from the date of departure from said States to the date of return thereto. Act of June 30, 1902 (32 Stat. 512), making appropriations for the support of the Army. That increase of pay for service beyond the limits of the States comprising the Union, and the territories of the United States contiguous thereto, shall be as now provided by law. Act of May 11, 1908 (35 Stat. 110), making appropriations for the support of the Army. For additional 10 per centum increase of pay of officers on foreign service, $291,797. For additional 20 per cent increase of pay of enlisted men on foreign service, $1,497,548. Act of June 5, 1920 (41 Stat. 956), making appropriations for the support of the Army; Pay of the Army and miscellaneous. Similar provisions appear in previous appropriation acts. See notes to 1637, ante. Construction.-The Notes of Decisions. provision in the appropriation acts of 1906 and 1907, excepting Hawail and Porto Rico from the operation of the provision for additional pay, is not to be construed as prevailing over the explicit provision of the act of June 30, 1902, and the salary provided by law for officers in foreign service referred to in the act of May 11, 1908, is that fixed by the act of June 30, 1902. U. S. v. Vulte (1914), 233 U. S. 509. But see 1690. post, making a permanent exception of the islands named from the benefits of the laws allowing increase of pay for foreign service. Construction of section in general.-The right of officers to increased pay while serving beyond the limits of the United States proper is made clear by this section, and there is no language in subsequent acts which repeals it. Vulte v. U. S. (1912), 47 Ct. Cl. 324. This section can not be extended to an officer whose necessary expenses are by the terms of the employment paid by the Government. Carden v. U. S. (1910), 45 Ct. Cl. 171. Pay proper.-" Pay proper' means the fixed amount given by law to officers, as distinguished from pay and emoluments or pay and allowances, The increase of an officer's pay is to be computed on his longevity pay, if any. Irwin v. U. S. (1903), 38 Ct. Cl. 87. The "pay proper' on which the percentage of increased pay to an Army officer serving in the Philippine Islands is to be computed, under this section, includes the longevity pay to which he is entitled, under section 1637, ante, as well as the minimum pay prescribed by 1627, ante. U. S. v. Mills (1905), 25 Sup. Ct. 434, 436, 197 U. S. 223. 49 L. Ed. 732; Irwin v. U. S. (1903), 38 Ct. Cl. 87. Actually stationed.-The intent of this section is that only such commissioned officers and enlisted men are to receive the extra pay as are actually stationed either in some foreign country or in some of our outlying possessions. Lafitte v. U. S. (1908), 43 Ct. Cl. 166. Service included.-This section extends only to officers rendering military service, and does not extend to an officer detailed for duty in connection with an exposition. Carden v. U. S. (1907), 42 Ct. Cl. 185. The ocean is the highway of nations, and can not be denominated a foreign place. Hence a quartermaster in the A my, assigned to duty on transports plying oetween San Francisco and Manila, the most of whose time was spent in the high seas, was not entitled to the increase provided by this section. Lafitte v. U. S. (1908), 43 Ct. Cl. 166. The service of an officer assigned to duty which requires him to travel in Europe from place to place, his traveling expenses being paid by the Government, is not service "at foreign stations," within this section. Carden v. U. S. (1910), 45 Ct. Cl. 171. Place of service. This section indicates no intention to discriminate between those serving in Porto Rico and Hawaii and those serving in other insular possessions. Vulte v. U. S. (1912), 47 Ct. Cl. 324. (See 1690, post). Time of continuance.-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. Increase of pay.-The words "shall be as now provided by law," in provision of act of May 11, 1908, to increase the pay for Army service beyond the States comprising the Union and the territories contiguous, refer to the proviso in act of June 30, 1902, that the pay proper of all commissioned officers and enlisted men serving shall be increased 10 per cent and 20 per cent, respectively, and a commissioned officer serving in Porto Rico from June, 1908, until November, 1909, is entitled to such 10 per cent increase, notwithstanding the specific exception of Porto Rico and Hawaii in acts of June 12, 1906, and act of Mar. 2, 1907, making appropriations for such increase. U. S. v. Vulte (1914), 34 S. Ct. 664, 233 U. S. 509, 58 L. Ed. 1071, affirming judgment Vulte v. U. S. (1912), 47 Ct. Cl. 324. 1689. Foreign service pay for service on Army transports.Provided, That officers and enlisted men who have served on army transports in the Philippine Archipelago at any time since May twenty-sixth, nineteen hundred, under the control and orders of the commanding general, Philippines Division, or who may hereafter so serve, shall be entitled to receive the same rate of pay as is provided by law for officers and enlisted men serving at shore stations beyond the limits of the United States. Act of May 11, 1908 (35 Stat. 114), making appropriations for the support of the Army. * * 1690. Limitations on foreign service pay.Provided, That hereafter the laws allowing increase of pay to officers and enlisted men for foreign service shall not apply to service in the Canal Zone, Panama, or Hawaii or Porto Rico. Act of Aug. 24, 1912 (37 Stat. 576), making appropriations for the support of the Army. See notes to 1688, ante. * Pro 1691. Additional pay of warrant officers on foreign service.vided, That hereafter warrant officers shall receive the same increase of pay for service beyond the continental limits of the United States as is allowed to commissioned officers of the Army. Act of July 11, 1919 (41 Stat. 112), making appropriations for the support of the Army. 1692. Increased pay of enlisted men during the war with Germany.-and commencing June one, nineteen hundred and seventeen, and continuing until the termination of the emergency, all enlisted men of the Army of the United States in active service whose base pay does not exceed $21 per month shall receive an increase of $15 per month; those whose base pay is $24, an increase of $12 per month; those whose base pay is $30, $36, or $40, an increase of $8 per month; and those whose base pay is $45 or more, an increase of $6 per month: * * Sec. 10, act of May 18, 1917 (40 Stat. 82). * * ** Provided, That the provisions of section 10 of an Act entitled “An Act to authorize the President to increase temporarily the Military Establishment of the United States," approved May 18, 1917, in so far as it increases the pay of the enlisted men of the Army, be, and the same hereby are, continued in force and effect from and after the date and approval of this Act. Act of July 11, 1919 (41 Stat. 110), making appropriations for the support of the Army. But see 1671 and 1682, ante; see also 1672, ante. 1693. Enlistment or reenlistment bonus.- Existing laws providing for the payment of three months' pay to certain soldiers upon reenlistment are hereby repealed, and hereafter an enlistment allowance equal to three times the monthly pay of a soldier of the seventh grade shall be paid to every soldier who enlists or reenlists for a period of three years, payment of the enlistment allowance for original enlistment to be deferred until honorable discharge. Sec. 27, act of June 4, 1920 (41 Stat. 775), amending sec. 27, act of June 3. 1916 (39 Stat. 185). By a provision of the act of May 11, 1908 (35 Stat. 110), a soldier honorably discharged at the termination of his first enlistment period who reenlisted within three months of the date of such discharge received an amount equal to three months' pay at the rate he was receiving at the time of his discharge. 1694. Continuous service pay.- * * Existing laws providing for continuous service pay are repealed to take effect July 1, 1920, and thereafter enlisted men shall receive an increase of 10 per centum of their base pay for each five years of service in the Army, or service which by existing law is held to be the equivalent of Army service, such increase not to exceed 40 per centum. Sec. 4b, added to the act of June 3, 1916, by sec. 4, act of June 4, 1920 (41 Stat. 761). Before the act of May 11, 1908, pay on reenlistment and continuous-service pay were provided for by R. S. 1282-1284, and subsequent acts, especially sec. 3, act of Aug. 1, 1894 (28 Stat. 216). All such provisions previous to said act of May 11, 1908, were superseded by its provisions, and R. S. 1284 was repealed by a further provision thereof (35 Stat. 110). This section repealed the act of May 11, 1908 (35 Stat. 109), providing for continuousservice pay and provisions of said act, post 2171, and of sec. 27, act of June 3, 1916 (39 Stat. 186), prescribing, among other things, that three years should be counted as an enlistment period in computing continuous-service pay. Service in the National Guard or Organized Militia, see ante, 1637, 1644, and notes thereto. 1695. Continuous-service pay independent of foreign-service pay.- ** * Provided, That the increases of pay herein authorized shall not enter into the computation of the continuous-service pay. Sec. 10, act of May 18, 1917 (40 Stat. 82). 1696. Former commissioned service of enlisted men to be counted toward continuous-service pay.- * * * Provided, That all enlisted men of the Regular Army who served as commissioned officers of United States Volunteers organized in eighteen hundred and ninety-eight and eighteen hundred and ninety-nine, or who have served or may be now serving as such in the Porto Rico Provisional Regiment or in the Philippine Scouts, who, upon their muster out, have returned or may return to the ranks of the Regular Army, shall have such period of service counted as if it had been rendered as enlisted men, and that they be entitled to all continuous-service pay and to count, in computing the time necessary to enable them to retire, as enlisted men. Act of Mar. 2, 1903 (32 Stat. 934), making appropriations for the support of the Army. Provided, That all enlisted men of the Regular Army who have been appointed commissioned officers of Philippine Scouts subsequent to March second, nineteen hundred and three, or who may hereafter be so appointed, and who, upon their muster out, have returned or may return to the ranks of the Regular Army, shall have such period of service counted as if it had been rendered as enlisted men, and that they be entitled to all continuous service pay and to count, in computing the time necessary to enable them to retire, as enlisted men. Act of June 12, 1906 (34 Stat. 248), making appropriations for the support of the Army. * * 1697. Active service of National Guard and reserve officers counted in computing continuous-service pay.# and that in computing service for retirement and continuous service pay, service as an officer in the National Guard, or in any volunteer force that may be authorized in the future, while in the service of the United States, be counted. Provided further, That hereafter any enlisted man of the Army who shall be discharged to enable him to accept a commission in the Officers' Reserve Corps, or in any National Guard or militia organization, or in any volunteer force that may be authorized in the future, and who shall enlist in the Army within three months after the termination of his connection as an officer with that corps, or with any organization of the National Guard or militia, or a volunteer force, or during the continuation of his connection therewith, as an officer, shall, in computing continuous service pay now authorized by law, be entitled to credit for the period of time actually served by him prior to said discharge, and in computing service for retirement and continuous service pay, service as an officer of the National Guard, while in the service of the United States, service in any volunteer force, and service in the Officers' Reserve Corps in active service shall be counted. Act of May 12, 1917 (40 Stat. 74), making appropriations for the support of the Army. 1698. Bonus on discharge of an enlisted man.-That all persons serving in the military or naval forces of the United States during the present war who have, since April 6, 1917, resigned or been discharged under honorable conditions (or, in the case of reservists, been placed on inactive duty), or who at any time hereafter (but not later than the termination of the current enlistment or term of service) in the case of the enlisted personnel and female nurses, or within one year after the termination of the present war in the case of officers, may resign or be discharged under honorable conditions (or, in the case of reservists, be placed on inactive duty), shall be paid, in addition to all other amounts due them in pursuance of law, $60 each. This amount shall not be paid (1) to any person who though appointed or inducted into the military or naval forces on or prior to November 11, 1918, had not reported for duty at his station on or prior to such to date; or (2) to any person who has already received one month's pay under the provisions of section 9 of the Act entitled "An Act to authorize the President to increase temporarily the military establishment of the United States," approved May 18, 1917; or (3) to any person who is entitled to retired pay; or (4) to the heirs or legal representatives of any person entitled to any payment under this section who has died or may die before receiving such payment. In the case of any person who subsequent to separation from the service as above specified has been appointed or inducted into the military or naval forces of the United States and has been or is again separated from the service as above specified, only one payment of $60 shall be made. The above amount, in the case of separation from the service on or prior to the passage of this Act, shall be paid as soon as practicable after the passage of this Act, and in the case of separation from the service after the passage of this Act shall be paid at the time of such separation. The amounts herein provided for shall be paid out of the appropriations for "pay of the Army," and "pay of the Navy," respectively, by such disbursing officers as may be designated by the Secretary of War and the Secretary of the Navy. The Secretary of War and the Secretary of the Navy respectively shall make all regulations necessary for the enforcement of the provisions of this section. Sec. 1406, act of Feb. 24, 1919 (40 Stat. 1151). Provided, That in case any enlisted man has been or hereafter shall be discharged for the purpose of reenlisting in the Regular Army, he shall be entitled to the payment of $60 as provided in section 1406 of the Act entitled "An Act to provide revenue, and for other purposes," approved February 24, 1919. Joint Res. 14, Sept. 29, 1919 (41 Stat. 291). 1699. Bonus on muster out of volunteer organizations.-That in lieu of granting leaves of absence and furloughs to officers and enlisted men belonging to companies and regiments of United States Volunteers prior to muster out of the service, all officers and enlisted men belonging to volunteer organizations hereafter mustered out of the service who have served honestly and faithfully beyond the limits of the United States shall be paid two months' extra pay on muster out and discharge from the service, and all officers and enlisted men belonging to organizations hereafter mustered out of the service who have |