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.

1691. Additional pay of warrant officers on foreign service.—

Pro

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

served honestly and faithfully within the limits of the United States shall be paid one month's extra pay on muster out and discharge from the service, from any money in the Treasury not otherwise appropriated: Sec. 1, act of Jan. 12, 1899 (30 Stat. 784).

*

That the Act of January twelfth, eighteen hundred and ninety-nine, be, and it is hereby, amended so as to authorize the payment to the legal heirs or representatives of the officers and enlisted men who died or were killed or who may die in the service, the extra pay provided for in that Act for officers and enlisted men who have been or are to be mustered out. Act of Mar. 3, 1899 (30 Stat. 1074), amending the act of Jan. 12, 1899 (30 Stat. 784).

The terms of the act of Jan. 12, 1899, may be regarded as applicable to officers and enlisted men in the volunteer service at any time thereafter, as well as to those actually in the service at the time of its passage.

The provisions of the act were extended to certain officers and enlisted men of volunteers who had been discharged previously, by provisions of act of May 26, 1900 (31 Stat. 217). These provisions are omitted as temporary merely, and executed.

By act of Mar. 3, 1899 (30 Stat. 1073), a bonus of a like amount was granted to soldiers who enlisted in the Regular Army for the duration of the Spanish-American war, to be paid upon discharge.

Volunteer forces are not included in the Army of the United States, by sec. 1, act of June 3, 1916, as amended by the act of June 4, 1920 (41 Stat. 759), post 2113.

Notes of Decisions.

Right to pay in general. It is well settled that volunteer officers and enlisted men are entitled to be paid up to the time of their discharge or muster out, and are entitled to be discharged or mustered out at the place where they were enrolled. Daggett v. U. S. (1904), 39 Ct. Cl. 209.

Right to extra pay.-This section imposes but two conditions upon the right of an officer or soldier who served in the war with Spain to receive the extra pay which it grants, which are that he was honorably discharged and that he was discharged without furlough. Hence the colonel of a regiment, to whom no leave of absence was granted, and who remained at the place of regimental enrollment in command of officers and men detailed for guard, and in charge of the regimental property, while the remainder of the regi ment were absent on furlough, is entitled to the extra pay given by this section. Hunt v. U. S. (1903), 38 Ct. Cl. 704.

This section extends only to the pay which an officer or soldier would have received if his regiment had not been furloughed. Terrell v. U. S. (1904), 40 Ct. CI. 78.

The act is prospective, and extends to volunteers subsequently enlisted under act of Mar. 2, 1889. Clark v U. S. (1901), 37 Ct. Cl. 60.

A soldier, discharged before the muster out of his regiment, is not entitled to the two months' extra pay. Clark v. U. S. (1901), 37 Ct. Cl. 60.

Staff officers. The provision in act of May 26, 1900 (31 Stat. 217), extending

this section to officers of the general staff, was prospective, and applicable to all of ficers thereafter mustered out. Repetti v.

U. S. (1905), 40 Ct. Cl. 240.

. Officers discharged by operation of law.An officer discharged by operation of law is not entitled to subsequent pay because he is detained under arrest awaiting the promulgation of a sentence of dismissal. Welch v. U. S. (1908), 43 Ct. Cl. 324.

Officers dismissed.-An officer dismissed on sentence of a court-martial is not entitled to the two months' extra pay. Welch v. U. S. (1908), 43 Ct. Cl. 324.

Discharge for purpose of reentering Army. This section extends only to those who actually sever their connection with the military service. Hence an officer discharged merely that he may continue in the service under an appointment in the regular army is not entitled to the extra pay. Hull v. U. S. (1903), 38 Ct. Cl. 407.

Furloughs in general.-A furlough must be deemed to have been withheld or suspended whenever it appears that orders by superior authority have interfered with the personal freedom of the officer or soldier to dispose of his own time. And an officer who did not receive leave of ab sence, but was detained for duty and actually performed duty during the furlough period, except while on sick leave, is entitled to the full two months' pay. Magurn v. U. S. (1904), 39 Ct. Cl. 416.

The status of a soldier at the time when the furlough period began governs his right to pay. Legg v. U. S. (1904), 40 Ct. Cl. 115.

1700. Additional pay of enlisted men decorated.-That each enlisted man of the Army to whom there has been or shall be awarded a medal of honor, a distinguished-service cross, or a distinguished-service medal shall, for each such award, be entitled to additional pay at the rate of $2 per month from the date of the distinguished act or service on which the award is based, and each bar, or other suitable device, in lieu of a medal of honor, a distinguished-service cross, or a distinguished-service medal, as hereinafter provided for, shall entitle him to further additional pay at the rate of $2 per month from the date of the distinguished act or service for which the bar is awarded, and said additional pay shall continue throughout his active service, whether such service shall or shall not be continuous; but when the award is in lieu of the certificate of merit, as provided for in section three hereof, the additional pay shall begin with the date of the award. Act of July 9, 1918 (40 Stat. 871), making appro priations for the support of the Army.

The award of the certificate of merit for distinguished service was discontinued, and additional pay for holders thereof was not to be paid them beyond the date of the