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Pay of officers-Continued,
Absence from duty-

Pay of officers, 1661,
Leave of absence, 1662.
Volunteer service included in com-

puting accrued leave, 1663.
Instructors at service schools, 1664.
Officers detailed outside United

States, and to Alaska, 1665.
Officers detailed to Philippine

Islands, 1666.
Absence without leave, 1667.
Diseases resulting from misconduct,

Pay of warrant officers, 1669.
Pay of enlisted men :

No bounty for enlisting, 1670.
Base pay-

According to grade, 1671.
Increase, 1672.
Flying cadets, 1673.
Army Mine Planter Service, 1674.
Indian Scouts, 1675.
Philippine Scouts, 1676.
Chauffeurs, Signal Corps, 1677.

Cooks, 1678.
Extra-duty pay-

Repealed, 1679.
Not allowed in addition to foreign

service pay, 1680. Additional pay

Mess sergeants, mechanics, etc., 1681.
Specialists, 1682.
Aviation mechanicians and men ор

fight duty, 1683.
Balloon mechanicians, 1684.
Military telegraphers, etc., 1685.
Marksmen, etc., 1686.
Foreign service, 1688.

On Army transport, 1689.
Limitations, 1690.

Warrant officers, 1691.
Increased pay during the war with Ger-

many, 1692.
Eulistment or reenlistment bonus, 1693.
Continuous service pay-

Rates, 1694.
Independent of foreign service pay,

Former commissioned service included,

1696. Active service of National Guard and

reserve officers counted, 1697. Bonus on discharge

Rate, 1698.
Volunteer organizations on muster out,

1699. Decorations of honor

Rates of additional pay, 1700.
Medal of honor roll, 1701.

Rank not considered, 1702,
One pension only, 1703.

•Pay of enlisted men-Continued.
Retired enlisted men-

Rate, 1704.
Allowances, 1705.

Temporarily commissioned, 1706.
Regular Army Reserve-
Volunteer forces and National Guard in

active service, 1707.
Beginning of pay, 1708.

Prior to muster in, 1709.
Temporary forces, 1710.
Army field clerks, 1711.

Increase, 1712.
Field clerks, Quartermaster Corps, 1713.
Contract surgeons, 1714.
Army Nurse Corps :

Rates, 1715,
Chief purses, 1716.

Leave of absence, 1717.
Cooks and other civilians, caring for the

sick, 1718.
Hospital matrons, 1719.
Allctment of pay:

Voluntary allotments, 1720.
Compulsory allotments-

For enlisted men, 1721.
Dependents entitled to, 1722.
Maximum, 1723.
Illegitimate child, 1724.
Former wife divorced, 1725.

Presumption of marriage, 1726.

Discontinuance, 1727.
Soldiers missing in action, 1728.

Resumption, 1729.

Erroneous, 1730.
Family allowance :
During Mexican punitive expedition,

During the World War-

Maximum amount, 1732.
Wife aud children (class A)—

Rates, 1733.
Compulsory allotment prerequisite,

Former wife divorced, 1735.
Wife living apart, 1736.

Illegitimate child, 1737.
Parent, grandchild, brother, or sister

(class B)-
Rates, 1738.
Allotment and dependency prerequi-

site, 1739.
Limitation, 1740.

Apportionment, 1741.
Deserters, prisoners, and missing men,

Duration, 1743.
Distribution by Treasury Department,

Award after investigation, 1745.

Refunded by beneficiary, 1746.
Allowances according to statute, 1747.

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Quarters :
Furnished in kind

According to grades, 1748.
Superintendent of Army Nurse Corps,

Officers temporarily in the field, 1750.

Dependents provided for, 1751,
Officers in Canal Zone, 1752.
Commutation of quarters

Rate, 1753.
Reservists and retired enlisted men,

Military attachés, etc., 1756.
Sigbal Corps, 1758.
Availability oť public quarters, 1759.

No claim for quarters for servants, 1760.
Ileat and light, 1761.
Mounts, care and forage :

Mounted officers, 1762.
Signal details of enlisted men, 1763,
Furage allowance

West of the Mississippi River, 1764.
East of the Mississippi River, 1765.

Computation, 1766.
Care of mounts, 1767.
During absence of officers, 1768.

Officers overseas or in Alaska, 1769.
Transportation of mounts

From point of purchase, 1770.
Private mounts, 1771.

After death of officers, 1772.
Attendance at horse shows, 1773.
Transportation of baggage, 1774.

Exceeding allowance, 1775.

Of discharged enlisted men, 1776.
Travel pay and traveling expenses :
Officers without troops-

Duty without troops, 1777.
Transportation in kind, 1778.

Dependents, 1779.
Mileage allowance

Rate, 1780.
Certificate of necessity, 1781.
Travel order to specify duty, 1782.
Over bond-aided roads, 1783.

Engineer officers, 1784.
Graduated cadets, joining first station,

Station changed during leave of ab-

sence, 1786.
Inspections and investigations, 1787.

Engineer officers, 1788.

of National
Guard, 1789.
Journeys for instruction, 1790.
Chaplains. 1791.
Details with the Bureau of Light-

houses, 1792.

Travel pay and trare'ing expenses-Contd.
Oncers withont troops-

Ordnance officers, 1793.
In connection with aviation, 1794.
By air, 1795
Discharged officers, 1796.

Dy sea, 1797.
Enlisted men-

Recruits and recruiting parties, 1798.
Under orders, 1799.
Furlough fares, 1800.
Relieved from active duty, 1801.
Discharged, 1802.
Discharged to reenlist, 1803.
National Guardsmen discharged from

l'ederal service, 1805.
Veterans of the World War of Polish

origin, 1806.
Wives of eplisted men, 1807.
Army nurses, 1808.
American National Red Cross, 1809.
Foreign soldiers, 1810.

On aviation business, 1811.
Oficers in Alaska, 1812.
Subsistence :

Road Commissioners of Alaska, 1813.
Military observers, 1814.

Speeial aviation duty, 1815.
Commutation of rations:

Rates, 1816.
Competitors at national rifle match, 1817.

Retired enlisted men, 1818.
Clothing balances :

Settlement, 1819.

Appropriations chargeable, 1820,
Laundry, etc., for recruits, 1821.
Deceased persons :
Disposition of remains, 1822.

Vocational trainees, 1823.
Burial expenses, 1824.
Burial in national cemeteries, 1825.

Veterans of Civil War, 1826.
Indigent patients, 1827.

Army nurses, 1828.
Memorials in Arlington Memorial Amphi-

theater, 18281.
Headstones in private cemeteries, 1829.
Monuments in Cuba and China, 1830
Headstones for Confederate veterans,

Transportation of baggage of civilians,

Settlement of accounts, 1833.
Estate tax, 1834.
Gratuity to heirs, 1835.

Death from aviation accident, 1836.
Suits for damages by estates of persons

killed at sea, 1837.
Recovery of damages, 1838.

1593. Pay of the Army Fund. All the money hereinbefore appropriated for pay of the Army and miscellaneous, except the appropriation for mileage to commissioned officers, warrant officers, members of the Officers' Reserve Corps

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when ordered to active duty, contract surgeons, expert accountant, Inspector General's Department, Army field clerks, and field clerks of the Quartermaster Corps, when authorized by law, shall be disbursed and accounted for as pay of the Army, and for that purpose shall constitute one fund. Act of June 5, 1920 (41 Stat. 956), making appropriations for the support of the Army.

Similar provisions appear in previous appropriation acts for many years.

Provisions that no part of the sums appropriated for support of the Regular Army shall be used for the expenses of the organized militia while engaged in joint encampment, etc., of the Regular Army and militia, under sec. 15, act of Jan. 21, 1903 (32 Stat. 777), were added to that section by amendment by sec. 9, act of May 27, 1908 (35 Stat. 402). Said section was omitted as superseded by sec. 94, act of June 3, 1916, 2574, post.

For regulatiens for the method of making payments to enlisted men, see paragraphs 1315-1346, A. R., 1913. 1594. Examination of pay accounts.

Prorided, That hereafter all the accounts of individual paymasters shall be analyzed under the several heads of the appropriation and recorded in detail by the Paymaster-General of the Army before said accounts are forwarded to the Treasury Department for final audit, and the Secretary of War may hereafter authorize the assignment to duty in the office of the Paymaster-General, not to exceed five paymasters' clerks, now authorized by law. Act of Mar. 2, 1905 (33 stat. 832). 1595. Pay of the Army forwarded by mail or express.-

And provided further, That hereafter the Secretary of War is also authorized to arrange for the payment of the enlisted men serving at posts or places where no paymaster is on duty, by check or by currency, to be sent to them by mail or express, at the expense and risk of the United States. Act of Feb. 27, 1893 (27 Stat. 179).

Notes of Decisions.

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Loss of funds.—A paymaster of

the troops, which sums were not found in the Army who alleges that he inclosed certain package when received, the seals being unsums of money in a package transmitted broken, is not entitled to credit therefor. by bim to an officer for the payment of 6 Comp. Dec., 940.

1596. Officers to receive monthly payments. The sums hereinbefore allowed shall be paid in monthly payments by the paymaster. R. S. 1268.

The reference in this section to “sums hereinvefore allowed" is to the sums allowed as pay of officers in R. S. 1261-1267, post, 1627, 1637, 1638, 1634, 1661, 1667, 1639.

Rules for division of time and computation of pay, where compensation is annual or monthly, 949, ante,

Notes of Decisions.

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Overpayments.-See (1882) 17 Op. Atty. 603 ; (1885) 18 Op. Atty. Gen. 158; (1885) Gen. 425, 448 ; (1883) 17 Op. Atty. Gen. |

18 Op. Atty. Gen. 229. 1597. Monthly payment of enlisted men, Signal Corps.--Provided further, That the pay of the enlisted men, including the items of commutation of quarters, and commutation of fuel, shall be paid monthly to each enlisted man entitled thereto by one check upon one properly certified voucher. Act of Aug. 30, 1890 (26 Stat. 400), making appropriations for sundry civil er penses: Signal Service.

This was the last of several provisos annexed to appropriations for pay, etc., of ofkircrs and enlisted men, Signal Service." All the provisos preceding this related in terms to the Signal Service or Signal Corps, and this proviso appears not to have been intended to have any different application. The act was passed before the reorganization of the Signal Corps as part of the military' establishment by act of Oct. 1, 1890, ante, 658.


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1598. Delay in distributing pay.-The Army shall be paid in such manner that the arrears shall at no time exceed two months, unless circumstances shall render further arrears unavoidable. R. S. 1189,

1599. Computation of pay.—Hereafter, where the compensation of any person in the military service of the United States is annual or monthly the following rules for division of time and computation of pay for services rendered üle herchy established : Annual compensation shall be divided into twelve equal installments, one of which shall be the pay for each calendar month; and in making payments for a fractional part of a month one-thirtieth of one such installments, or of a monthly compensation, shall be the daily rate of pay. For the purpose of computing such compensation and for computing time for services rendered during a fractional part of a month in connection with annual or monthly compensation, cach and every inonth shall be lielii tu consist of thirty days, without regard to the actual number of days in any calendar month, thus excluding the thirty-first of any calendar month from the computation and treating February as if it actually and thirty days. Ang person entering the service of the United States during a thirty-one day month and serving until the end thereof shall be entitled to pay for that month from the date of entry to the thirtieth day of said month, both days inclusive; and any person entering said service during the month of February and serving until the end thereof shall be entitled to one month's pay, less as many thirtieths thereof as there were days elapsed prior to date of entry: Provided, That for one days's unauthorized absence on the thirty-first day of any calendar month one day's pay shall be forfeited. Act of June 12, 1906 (3.9 Stat. 218), making appropriations for the support of the Army. 1600. Advances of pay to persons at distant stations.

The President may also direct such advances as he may deem necessary and proper, to persons in the military and naval service employed on listant stations, where the discharge of the pay and emoluments to which they may be entitled can not be regularly effected. R. S. 3648. 1601. Advances of pay to troops embarking for service in the Philippines.

* Provided, That troops about to embark for service in the Philippine Islands may, in the discretion of the Secretary of War, be paid one month's wages in advance prior to embarkation. . Act of July 7, 1898 (30 Stat. 721).

This was a proviso annexed to the act providing for the payment and maintenance of volunteers during the interval between their cnrollment and mister into the United States service (30 Stat. 420). 1602. Loss of service records no cause for withholding pay.

Provided, That the pay due enlisted men of the Army shall not be withheld from them by reason of the fact that their service records or other official papers showing the status of their accounts with respect to pay have been lost or not returned from cverseas and, under such regulations as may be prescribed by the Secretary of War, these men may be paid upon their personal affidavit as to date of last payment and condition of their accounts: Provided further, That payments made in accordance with such regulations (or which have alreadly been made upon the affidavit of the soldier) shall be passed by the accomting officers of the Treasury to the credit of the disbursing officers making them. Act of July 11, 1919 (41 Stat. 110), making appropriations for thc support of the Army.

See 1610, post, and notes thereunder.

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1603. Pay status of captives taken by the enemy.-Every non-commissioned officer and private of the Regular Army, and every officer, non-commissioned ollicer, and private of any militia or volunteer corps in the service of the United States who is captured by the enemy, shall be entitled to receive during his captivity, notwithstanding the expiration of his term of service, the same pay, subsistence, and allowance to which he may be entitled while in the actual service of the United States; but this provision shall not be construed to entitle any prisoner of war of such militia corps to any pay or compensation after the date of his parole, except the traveling expenses allowed by law, R. S. 1288.

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Notes of Decisions, Contributing to capture.--This section whether the sentence was promulgated bedoes not extend to one who was not in the fore or after his capture. Phelps v. U. S. discharge of his duties at the time of his (1868), 4 Ct. C1. 209. But an officer, who capture, and who contributed to the dis- did not violate his duty willfully Lur in. aster by culpably residing in a dangerous tentionally at the time of his capture, and place, contrary to orders. Phelps v. U. S. whose conduct then was an indiscretion, (1868), 4 Ct. Ci. 209.

and not an offense, and who on his exDischarge from service.--The sentence of change demanded a court of Inquiry and a court-martial, including a forfeiture of was refused, is entitled to his pay and all pay due at the time of trial or to be allowances, notwithstanding he was dis. come due thereafter, precludes an officer missed the service by the War Department from a right to receive pay after trial and during his captivity. Jones o, U. S. (1868), during his captivity, under this section, 4 Ct. CI. 197.

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1604. Pay during captivity for nurses, field clerks, and civil employees.—That members of the Army Nurse Corps (female) or of the Navy Nurse Corps (female), Army field clerks, field clerks, Quartermaster Corps, and civil employees of the Army, shall be entitled to full pay and allowances during any period of involuntary captivity by the enemy of the United States; and their right to such full pay and allowances shall not be abridged or lost by reason of absence from duty when that absence is caused by involuntary captivity by the enemy of the United States. Any captivity by the enemy shall be construed to be involuntary until the contrary shall be affirmatively established.

All rights and privileges hereunder shall be in force from April sixth, nineteen hundred and seventeen, to the end of the existing war. Act of Mar. 3, 1919 (10 Stat. 1321).

1605. Assignment of pay by enlisted men.--No assignment of pay by a noncommissioned officer or private, previous to his discharge, shall be valid. R. S. 1291. 1606. Assignment of pay by commissioned officers.

Provided, That hereafter all commissioned officers of the Army may transfer or assign their pay accounts, when due and payable, under such regulations and restrictions as the Secretary of War may prescribe. Act of Mar. 2, 1907 (31 Stat. 1159), making appropriations for the support of the Army.

1607. Assignment of pay by contract surgeons and contract dental surgeons.* * *

Provided, That hereafter contract surgeons and contract dental surgeons on duty in Alaska, Hawaii, the Philippine Islands, and Porto Rico may transfer or assign their pay accounts, when due and payable, in the methods Low provided by regulations for commissioned officers of the Army: Act of April 23, 1904 (3.3 Stat. 266), making appropriations for the support of the Army. 1608. Pay checks drawn as indicated by indorsement on pay account.-

Provided, That hereafter section thirty-six hundred and twenty,

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