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forces of the United States, and his service shall be deemed continuous, notwithstanding the interruption thereof by the changes of status provided for herein. Act of March 30, 1918 (40 stat. 501).
Act of May 12, 1917 (40 Stat. 74), making appropriations for the support of the Army provided that the “ enlisted men who were discharged from the Army to accept a commission in the National Guard, or in any volunteer force that may be authorized in the future, at the call of the President, June eighteenth, nineteen hundred and sixteen, be restored to their original status upon reenlistiug in the Regular Army." This refers to the Mexican punitive expedition. 2177. Reenlistment restricted if previous service has not been honorable. —
no soldier shall be again enlisted in the Army whose service during his last preceding term of enlistnient has not been honest and faithful; * Sec. 2, act of Aug. 1, 1894 (28 Stat. 216).
* And provided further, That the provisions of section eleven hundred and eighteen of the Revised Statutes of the United States that no deserter from the military service of the United States shall be enlisted or mustered into the military service, and the provisions of section two of the Act of Congress approved August first, eighteen hundred and ninety-four, entitled “An Act to regulate enlistments in the Army of the United States,” shall not be construed to preclude the reenlistment or muster into the Army of any person who has deserted, or may hereafter desert, from the military service of the United States in time of peace, or of any soldier whose service during his last preceding term of enlistment has not been honest and faithful, whenever the reenlistment or muster into the military service of such person or soldier shall, in view of the good conduct of such person or soldier subsequent to such desertion or service, be authorized by the Secretary of War. R. S. 1998, as amended by act of Aug. 22, 1912 (37 stat. 356 ).
Sec. 1 of the act of Aug. 1, 1894, repealed a previous provision that" no private shall be reenlisted who has served ten years or more or who is over thirty-five years of age, except such as have already served as enlisted men for twenty years or upwards," contained in act of Feb. 27, 1893 (27 Stat. 486).
A proviso annexed to R. S. 1998 as amended, which permitted any soldier, who had been prevented from reenlisting by the provision so repealed, to reenlist within 3 months from the date of approval of this act, and to receive the same pay, etc., as if he had reenlisted within 30 days from his discharge, is omitted as having been fulfilled.
Notes of Decisions.
Reenlistment.--Reenlistment under act of potwithstanding the President's pardon of Feb. 27, 1893, 27 Stat. 486. See (1893) the offense. (1898) 22 Op. Atty. Gen. 36; 20 Op. Atty. Gen. 684.
contra (1908) 26 Op. Atty. Gen. 617. While the President's pardon restored A contract of reenlistment voluntarily one who had been convicted of desertion entered into by a soldier while under lawto his legal rights and fully relieved him ful arrest for a military offense, through of the disabilities legally attaching to his the friendly counsel of his guards, but withconviction, it does not destroy an existing out any request or solicitation of the enfact that his service was not faithful and listing oflicer, though upon his promise that honest.
And a recrulting officer has the the charge pending will be dismissed if the right to reject a candidate for reenlistment soldier's future conduct is good, is not in the Army whose service during his pre- invalid for duress, McDonald v. Carlton vious term was not honest and faithful, (1857), 1 N. M. 172.
2178. Enlisted strength to be exclusive of soldiers sentenced to dishonorable discharge.
And provided further, that the authorized enlisted strength of the Army and of organizations thereof shall be exclusive of soldiers under sentences which include confinement and dishonorable discharge. Act of Apr. 27, 1914 (38 Stat. 354).
2179. Maximum enlisted strength during peace.
Except in time of war or similar emergency when the public safety demands it, the number of enlisted men of the Regular Army shall not exceed two hundred and eighty thousand, including the Philippine Scouts. Sec. 2, act of June 3, 1916 (39 Stat. 166), as amended by sec. 2, act of June 4, 1920 (41 Stat. 759).
By a proviso of the act of Apr. 27, 1914, ante, 2178, authorized enlisted strength is exclusive of soldiers under sentences which include confinement and dishonorable discharge.
The number of enlisted men in the Army was limited to 30,000 by R. S. 1115. But the Army appropriation acts for the year ending June 30, 1875, act of June 16, 1874 (18 Stat. 72), and for several subsequent years, contained provisions that no money appropriated thereby should be paid for recruiting the Army beyond 25,000 enlisted men; act of June 23, 1879 (21 Stat. 30), further provided that there should be no more than 25,000 enlisted men in the Army at any one time, unless otherwise authorized by law; and this provision was repeated in subsequent Army appropriation acts. An increase of the enlisted men for the artillery arm was authorized by act of Mar. 8, 1898 (30 Stat. 261), An increase of the enlisted strength in time of war was authorized by act of Apr. 26, 1898 (30 Stat. 364), and a further temporary increase, to not exceeding 65,000 enlisted men, by sec. 12, act of Mar. 2, 1899 (30 Stat. 979). All these provisions were superseded by a provision of sec. 36, act of Feb. 2, 1901, ante, 2151, that the total enlisted force of the line of the Army, together with the native force of Philippine Scouts, not exceeding 12,000, should not exceed at any one time 100,000, which said provision was superseded by a provision of sec. 2, act of June 3, 1916 (39 Stat. 166), that the total enlisted strength of the line of the Army, excluding the Philippine Scouts and the enlisted men of the Quartermaster Corps, Medical Department and Signal Corps, and un. assigned recruits, should not, in time of peace, exceed 175,000.
The enlistment of a corps of men as general-service clerks" and "general-service messengers," not to be computed as part of the number to which the Army was limited, was authorized by act of July 29, 1886 (24 Stat. 167); but that act was repealed by act of Aug. 6, 1894 (28 Stat. 236).
En}istments, in excess of the total strength authorized, of trained men for organi. zations serving out of the United States, were authorized by sec. 29, act of Feb. 2, 1901, 2181, post.
The total number of enlisted men in the line, as authorized by sec. 36, act of Feb. 2, 1901, ante, 2151, was not to be increased by the act to reorganize the Artillery, act of Jan. 25, 1907, by a provision of sec. 8 of that act, superseded by sec. 19, act of June 3, 1916 (39 Stat. 179), which in turn was amended by sec. 19, act of June 4, 1920, ante, 2135.
The total number of sergeants and corporals in the Coast Artillery, and the total en. listed strength of the Coast Artillery, were limited by provisions of sec. 6, act of Jan. 25, 1907 (34 Stat. 862).
The enlistment of not to exceed 6,000 men, to be attached to the Quartermaster Corps, who should not be counted as part of the enlisted force provided by law, was authorized by a provision of sec. 4, act of Aug. 24, 1912, ante, 710, which said provision, in so far as it related to said force not being counted as a part of the enlisted force, was superseded by sec. 2, act of June 3, 1916, above named.
The Hospital Corps was not to be counted as a part of the enlisted force, by a provision of the act to organize the corps, sec. 1, act of Mar. 1, 1887 (24 Stat. 435), which was superseded by secs. 2, 10 of the act of June 3, 1916, which however, excluded the Medical Department from the total enlisted strength, as above stated,
Secs, 2 and 10 were stricken out by corresponding sections, act of June 4, 1920 (41 Stat. 759, 766).
The total number of enlisted men authorized for the whole Army was not to be er. eceded by the increase of the enlisted force of the Corps of Engineers authorized by sec. 11, act of Feb. 2, 1901, by a provision of that section (31 Stat. 730).
The Secretary of War was directed to cease recruiting until the number of enlisted men should not exceed 175,000 by joint resolution, which became law over the veto of the President on Feb. 5, 1921 (41 Stat, 1098).
2180. Enlisted strength of the Regular Army to be maintained during recruiting for other arms.
and the enlisted men now or hereafter authorized by law for other branches of the military service shall be provided and
maintained without any impairment of the enlisted strength prescribed for any of said arms. Joint Res. 11, Mar. 17, 1916 (39 Stat. 36).
This section was part of a “ Joint Resolution providing for an increase of the enlisted men of the Army in an emergency," which superseded a part of sec. 30, act of Feb. 2, 1901 (31 Stat. 756), which read as follows: “ The President is authorized to maintain the enlisted force of the several organizations of the Army at their maximum strength as fixed by this act during the present exigencies of the service or until such time as Congress may hereafter otherwise direct."
The words of said resolution omitted here were superseded by provisions of sec. 2, act of June 3, 1916, which excluded the unassigned recruits from the total enlisted strength of the Regular Army, and provided that such unassigned recruits at depots or elsewhere should at no time, except in time of war, exceed by more than 7 per cent the total authorized enlisted strength, and which was stricken out by sec. 2, act of June 4, 1920 (41 Stat. 759). The first part of this resolution may also be regarded as having been superseded by a provision of sec. 24, act of June 3, 1916 (39 Stat. 182), repealed by sec. 24, act of June 4, 1920 (41 Stat, 771).
2181. Replacement of losses of enlisted men on foreign service.—That to fill vacancies occurring from time to time in the several organizations serving without the limits of the United States with trained men the President is authorized to enlist recruits in numbers equal to four per centum in excess of the total strength authorized for such organizations. Sec. 29, act of Feb. 2, 1901 (31 Stat. 756).
But see 2179, ante.
2182. Industrial furloughs.--That, whenever during the continuance of the present war in the opinion of the Secretary of War the interests of the service or the national security and defense render it necessary or desirable, the Secretary of War be, and he hereby is, authorized to grant furloughs to enlisted men of the Army of the United States with or without pay and allowances or with partial pay and allowances and, for such periods as he may designate, to permit said enlisted men to engage in civil occupations and pursuits: Provided, That such furloughs shall be granted only upon the voluntary application of such enlisted men under regulations to be prescribed by the Secretary of War. Act of Mar. 16, 1918 (40 Stat. 450).
The above is emergency legislation and no longer operative.
2183. Transfer from the military to the naval service.-Any person enlisted in the military service of the United States may, on application to the Navy Department, approved by the President, be transferred to the Navy or Marine Corps, to serve therein the residue of his term of enlistment, subject to the laws and regulations for the government of the Navy. But such transfer shall not release him from any indebtedness to the Government, nor, without the consent of the President, from any penalty incurred for a breach of military law. R. S. 1421.
See paragraphs 114, 115, Army Regulations, 1913.
2184. Corporal bugler and bugler, first class.-That there are hereby created in the Army the grades of corporal bugler, and bugler, first class; and hereafter for each battalion and squadron headquarters of units in which the grade of bugler is now authorized, there shall be one corporal bugler, and for each coinpang, battery, troop, or organization in which the grade of bugler is now authorized there shall be one bugler, first class. Chap. XX, act of July 9, 1918 (40 Stat, 893).
But see 1671, ante,
2185. Cooks.—That the Secretary of War be, and he is hereby, authorized and directed to cause to be enlisted in each company, battery, and troop in the Regular and Volunteer armies of the United States, as a part of the authorized enlisted strength thereof, under rules to be prescribed by him, a competent per. son as cook, who shall take rank as and be allowed the pay of a corporal of the arm of the service to which he belongs, and whose duties in connection with the preparation and serving of the food of the enlisted men of the company, battery, or troop, and with the supervision and instruction of enlisted men hereby authorized to be detailed to assist him, shall be prescribed in the regulations for the government of the Army. Act of July 7, 1898 (30 Stat. 721).
But see 1671, ante.
Section 1233, Revised Statutes, which required cooks to be detailed, in turn, froin the privates of each company was repealed by the act of June 29, 1879 (20 Stat. 276). The act of July 7, 1898 (30 Stat, 721), authorized the enlistment of one cook in each company in the Military Establishment. Such cook was to have the rank and receive the pay of a corporal. This statute was replaced by the act of Mar. 2, 1899 (30 Stat. 977), which authorized two cooks to be enlisted in each troop of Cavalry, battery of Artillery, and company of Infantry of the Regular and Volunteer Establishments. By section 9 of the act of Mar. 2, 1899, tbe cooks so enlisted were to have the pay of sergeants of Infantry.
By sec. 9, act of Mar. 2, 1899, ante 1678, cooks were given the pay and allow ances of sergeants of Infantry. Further provisions for cooks in the various arms were found in secs. 17-20, act of June 3, 1916 (39 Stat. 177--180), now repealed.
2186. Details of working parties to be in writing.–Working parties of soldiers shall be detailed for employment as artificers or laborers, in the construction of permanent military works or public roads, or in other constant labor oply upon the written order of a commanding officer, when such detail is for ten or more days. R. S. 1235.
But see 1679, ante.
Notes of Decisions.
2187. Detail for road construction.—That no officer or enlisted man of the Ariny, Navy, or Marine Corps shall be detailed for work on the roads which come within the provisions of this Act except by his own consent: And provided further, That the Secretary of Agriculture through the War Department shall ascertain the number of days any such soldiers, sailors, and marines have worked on the public roads in the several States (other than roads within the limits of cantonments or military reservations in the several States) during the existing war and also the location where they worked and their names and rank, and report to Congress at the beginning of its next regular session : Prorided further, That when any officer or enlisted man in the Army, the Navy, or the Marine Corps shall have been or may be in the future detailed for labor in the building of roads or other highway construction or repair work (other than roads within the limits of cantonments or military
l'eservations in the several States), during the existing war, the pay of such officer or enlisted man shall be equalized to conform to the compensation paid to civilian employees in the same or like employment and the amount found to be due such officers, soldiers, sailors, and marines, less the amount of his pay as such officer, soldier, sailor, or marine, shall be paid to him from the 1920 appropriation herein allotted to the States wherein such highway construction or repair work was or will be performed. Sec. 9, act of Feb. 28, 1919 (90 Stat. 1202).
But see 2353, post.
2188. Detail to special service from forces in the field.--Details to special service from forces in the field shall be made only with the consent of the commanding officer of the forces. R. S. 1236.
The enlistment of a corps of men for clerical service and messenger duty at head. quarters of the Army and at other headquarters, at recruiting depots, and at West Point, not to be assigned to any other duty, was authorized by act of July 29, 1886 (24 Stat. 167); but that act was repealed by act of Aug. 6, 1894 (28 Stat. 236).
2189. Recruiting duty.--That the Secretary of War is authorized to detach from the Army at large such number of enlisted men as may be necessary to perform duty at the various recruiting stations, and while performing such duty one member of each party shall have the rank, pay, and allowances of sergeant and one the rank, pay, and allowances of corporal of the arm of the service to which they respectively belong. Sec. 31, act of Feb. 2, 1901 (31 Stat. 756).
But see 2995, post.
Notes of Decisions,
Extra pay.--An enlisted man detailed on recruiting duty is not entitled to extra pay. Phillips v. U. S. (1912), 47 Ct. Cl. 288.
2190. First sergeant at a recruiting station. That section twenty-two of said Act be, and is hereby, amended by striking out the period at the end thereof, substituting therefor a colon, and adding thereto the following: Provided, That one of the enlisted men at each main recruiting station who has been detached for duty at such station under the provisions of the Act of Congress approved February second, nineteen hundred and one, may, in the discretion of the Secretary of War, have the rank, pay, and allowances of a first sergeant of Infantry. Sec. 2, chap. XVII, act of July 9, 1918 (40 Stat. 889), amending sec. 22, act of June 3, 1916 (39 Stat. 181).
But see 2995, post.
Provided, That hereafter the Secretary of War may authorize the temporary appointment of such number of sergeants and corporals in the companies at the general recruiting depots as may be necessary for the proper control and in