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CHAPTER XVII.

THE JUDGE ADVOCATE GENERAL'S DEPARTMENT

MILITARY PRISON.

Par.

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Par. Judge Advocate General's De

Military Prison, United States, partment, composition of ---- 465a name changed to United Promotions below rank of col

States Disciplinary Barracks. 475b onel based on written exami

Same-Military offenses punishnations

467a

able in a penitentiary, confineSame Officers in grade of ma

ment may be in United States, jor found physically or men

State, Territory, or District tally disqualified, board of re

penitentiary---

4750 view, etc

467b

Same--Secretary of War may Same--Lieutenant colonels found

designate branch disciplinary disqualified, suspension from

barracks

476a promotion and retirement with or without promotion

Same-Government and control after final examination------- 4670

of disciplinary barracks vested Vacancies, one to be filled by

in The Adjutant General ---- 477a person from civil life with

Same Commandant and other special qualifications.---- 468a commissioned and noncommisActing judge advocates, assign

sioned officers, etc., at, comment of 469a position of ----

480a Details of acting judge advo

Same-Duties of the commancates only excepted from op

dant

481a eration of Manchu law; de

Same-Organization of disciptails for purpose of taking

linary companies and higher law course prohibited. ---- 469b

units, etc.

481b Revision and codification of mili

Same-Clemency and restoratary laws of United States,

471a preparation of --

tion to colors of persons not Same--Appropriation for

discharged and reenlistment
ex
471b

of discharged persons---- 488a penses of_----United States Disciplinary Bar

Parole of general prisoners in racks--

475a-488b disciplinary barracks, and Military Prison, United States

restoration to duty of those and branches, name changed

serving confinement in places to United States Disciplinary

other than disciplinary barBarracks 475a racks.

488b 465a. Judge Advocate General*: Department, composition of.The Judge Advocate General's Department shall consist of one Judge Advocate General with the rank of brigadier general; four judge advocates with the rank of colonel; seven judge advocates with the rank of lieutenant colonel; and twenty judge advocates with the rank of major. Sec. 8, Act of June 3, 1916 (39 Stat. 169).

(For provision in section 3, act of October 6, 1917, giving the Judge-Advocate General the rank, pay, and allowances of major general, see paragraph 373a, ante.)

467a. Promotions below rank of colonel based on written examinations.No officer of the Judge Advocate General's Department below the rank of colonel shall be promoted therein until he shall have successfully passed a written examination before a board consisting of not less than two officers of the Judge Advocate General Department, to be designated by the Secretary of War, such examination to be prescribed by the Secretary of War and to be held at such time anterior to the accruing of the right to promotion as may be for the best interests of the service. Id.

(For the provisions of this section which precede this paragraph, see paragraphs 465a, 408a, 469a, and 469b.)

467b. Same-Officers in grade of major found physically or mentally disqualified, board of review, etc.-Should any officer in the grade of major of the Judge Advocate General's Department fail in his physical examination and be found incapacitated for service by reason of physical disability contracted in the line of duty, he shall be retired with the rank to which his seniority entitled him to be promoted; but if he should be found disqualified for promotion for any other reason, a second examination shall not be allowed, but the Secretary of War shall appoint a board of review to consist of two officers of the Judge Advocate General's Department superior in rank to the officer examined, none of whom shall have served as a member of the board which examined him. If the unfavorable finding of the examining board is concurred in by the board of review, the officer reported disqualified for promotion shall be honorably discharged from the service with one year's pay. If the action of the examining board is disapproved by the board of review, the officer shall be considered qualified and shall be promoted. Id. 170.

467c. Same-Lieutenant colonels found disqualified, suspension from promotion and retirement with or without promotion after final examination. Any lieutenant colonel of the Judge Advocate General's Department, who, at his first examination for promotion to the grade of colonel, has been found disqualified for such promotion for any reason other than physical disability incurred in the line of duty shall be suspended from promotion and his right thereto shall pass successively to such officers next below him in rank as are or may become eligible to promotion under existing law during the period of his suspension; and any such officer suspended from promotion shall be reexamined as soon as practicable after the expiration of one year from the date of the completion of the examination that resulted in his suspension; and if on such reexamination he is found qualified for promotion, he shall again become eligible thereto; but if he is found disqualified by reason of physical disability incurred in line of duty in either examination, he shall be retired, with the rank to which his seniority entitled him to be promoted; and if he is not found disqualified by reason of such physical disability, but is found disqualified for promotion for any other reason in the second examination, he shall be retired without promotion. Id.

468a. Vacancies, one to be filled by person from civil life with 8pecial qualifications.--Of the vacancies created in the Judge Advocate General's Department by this Act, one such vacancy, not below the grade of major, shall be filled by the appointment of a person from civil life, not less than forty-five nor more than fifty years of age, who shall have been for ten years a judge of the Supreme Court of the Philippine Islands, shall have served for two years as a captain in the Regular or Volunteer Army, and shall be proficient in the Spanish language and laws. Id.

(For the provision of this section which immediately precedes this paragraph see paragraph 469a.)

469a. Acting judge advocates, assignment of.-Acting judge advocates may be detailed under the provisions of existing law for separate brigades and for separate general court-martial jurisdictions, and when not immediately required for service with a geographical department, tactical division, separate brigade, or other separate general court-martial jurisdiction, acting judge advocates may be assigned to such other legal duty as the exigencies of the service may require. Id.

(For the provision of this section which immediately precedes this paragraph see paragraph 465a.)

469b. Details of acting judge advocates only excepted from operation of Manchu law; details for purpose of taking law course prohibited. So much of the Act of Congress approved August twentyfourth, nineteen hundred and twelve, as relates to the detachment or detail of officers for duty in the Judge Advocate General's Department shall hereafter be held to apply only to the acting judge advocates authorized by law; and hereafter no officer shall be or remain detached from any command or assigned to any duty or station with intent to enable or aid him to pursue the study of law. Id.

(For the provision of this section immediately preceding this paragraph see paragraph 468a.)

471a. Revision and codification of military laws of United States, preparation of.–The Secretary of War is hereby directed to cause to

Manchu law, par. 937, ante, or 37 Stat., 571, 045.

be prepared, with as much expedition as may be consistent with thoroughness, to be finished within two years, a revision and codification of the military laws of the United States, which shall conform in scope and character to the revision and codification of the laws of the United States of a permanent and general nature directed by the Act of March third, nineteen hundred and one. The Secretary of War shall submit to Congress a report of progress of the revision and codification herein directed upon the first day of the second session of the Sixty-fourth Congress, and, when the revision and codification is completed, he shall cause a copy of the same, in print, to be submitted to Congress, that the statutes so revised and codified may be reenacted if Congress shall so determine. Act of Aug. 29, 1916 (39 Stat. 627).

471b. Same-Appropriation for expenses of.-For paying the expenses of clerical hire and printing and other expenses incident to the making of the revision and codification herein directed, not to exceed $5,000, to be expended upon certificates of the Secretary of War that the expenditures were necessary therefor. Id.

UNITED STATES DISCIPLINARY BARRACKS.

475a. Military prison, United States and branches, name changed to United States Disciplinary Barracks.—The United States military prison at Fort Leavenworth, Kansas, shall hereafter be known as the United States Disciplinary Barracks and the branches of said prison as branches of such barracks. Act of Mar. 4, 1915 (38 Stat. 1074).

475b. Military prison, United States, name changed to United States Disciplinary Barrack8.-Chapter six, Title XIV, of the Revised Statutes of the United States be, and the same is hereby, amended to read as follows:

The United States Military Prison, Fort Leavenworth, Kansas, shall hereafter be known as the United States Disciplinary Barracks. Par. 1, sec. 2, act of Mar. 4, 1915 (38 Stat. 1084).

475c. Same--Military offenses punishable in a penitentiary, confinement may be in United States, State, Territory, or District penitentiary:-Persons sentenced to confinement upon conviction by courts-martial or other military tribunals of crimes or offenses which, under some statute of the United States or under some law of the State, Territory, District, or other jurisdiction in which the crime or offense may be committed, are punishable by confinement in a penitentiary, including persons sentenced to confinement upon conviction by courts-martial or other military tribunals of two or more acts or omissions, any one of which, under the statute or other law hereinbefore mentioned, constitutes or includes a crime or offense punish-, able by confinement in a penitentiary, may be confined at hard labor, during the entire period of confinement so adjudged, in any United States, State, Territorial, or District penitentiary, or in any other penitentiary directly or indirectly under the jurisdiction of the United States; and all persons sentenced to confinement upon conviction by courts-martial or other military tribunals who are not confined in a penitentiary may be confined and detained in the United States Disciplinary Barracks. Par. 2, sec. 2, id.

476a. Same-Secretary of War may designate branch disciplinary barracks.---The Secretary of War may, from time to time, designate any building or structure or any part thereof under the control of the Secretary of War and pertaining to the military establishment as a branch disciplinary barracks for the confinement and detention of offenders whom it is impracticable to send to the United States Disciplinary Barracks at Fort Leavenworth, Kansas; and all branch disciplinary barracks and all offenders sent thereto for confinement and detention therein shall be subject to the laws respecting the United States Disciplinary Barracks at Fort Leavenworth, Kansas, and the offenders sent thereto for confinement and detention therein. Par. 8, sec. 2, id. 1086.

477a. Same-Government and control of disciplinary barracks vested in The Adjutant General.The government and control of the United States Disciplinary Barracks and of all offenders sent thereto for confinement and detention therein shall be vested in The Adjutant General of the Army under the direction of the Secretary of War, who shall from time to time make such regulations respecting the same as may be deemed necessary, and who shall submit annually to Congress a full statement of the financial and other affairs of said institution for the preceding fiscal year. Par. 3. sec. 2, id. 1085.

480a. Same-Commandant and other commissioned and noncommissioned officers, etc., at, composition of.-The officers of the United States Disciplinary Barracks shall consist of a commandant and such subordinate officers as may be necessary, who shall be detailed by the Secretary of War from the commissioned officers of the Army at large. In addition to detailing for duty at said disciplinary barracks such number of enlisted men of the Staff Corps and departments as he may deem necessary, the Secretary of War shall assign a sufficient number of enlisted men of the line of the Army for duty as guards at said disciplinary barracks and as noncommissioned oflicers of the disciplinary organizations hereinafter authorized. Said guards, and also the enlisted men assigned for duty as noncommissioned officers of disciplinary organizations, shall be detached from the line of the Army, or enlisted for the purpose; and said guards shall be organized as infantry, with noncommissioned officers, musicians, artificers, and cooks of the number and grades allowed by law

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