charge to that of his enlistment. Place of enlistment.-Where a soldier's first discharge is followed by his reenlistment within a few days, so that his serv ice is practically continuous, and his second discharge occurs at the place of his original enlistment, he is not entitled to commutation for travel and subsistence to the place of his second enlistment. U. S. v. Thornton (1896), 16 Sup. Ct. 415, 416, 160 U. S. 654, 40 L. Ed. 570. Forfeiture of right to travel allowance.A soldier does not forfeit his right to travel allowance by accepting free transportation on a Government transport; but from this must be deducted the cost of subsistence on the transport. Reichherzer v. U. S. (1908), 43 Ct. Cl. 359. 1803. Mileage of enlisted men discharged to reenlist.-That those enlisted men of the Army who enlisted in the Regular Army prior to April 2, 1917, and who have accepted or may accept their discharge from such enlistment in order to reenlist under the terms of the Act entitled "An Act to authorize the resumption of voluntary enlistment in the Regular Army, and for other purposes," approved February 28, 1919, shall upon such discharge receive travel pay at the rate provided in the Act entitled "An Act permitting any person who has served in the United States Army, Navy, or Marine Corps in the present war to retain his uniform and personal equipment, and to wear the same under certain conditions," approved February 28, 1919, from the place of such discharge to their actual bona fide home or residence or original muster into the service, as they may elect. Joint Res. 14, Sept. 29, 1919 (41 Stat. 291). 1804. Vacant. 1805. Mileage of National Guardsmen on discharge from Federal service.Nothing contained in the Act making appropriations for the support of the Army for the fiscal year nineteen hundred and seventeen shall be construed as precluding the payment of travel allowance as provided in section one hundred and twenty-six of the Act approved June third, nineteen hundred and sixteen, to enlisted men of the National Guard on their discharge from the service of the United States and the appropriation for the transportation of the Army and its supplies for the fiscal year nineteen hundred and seventeen shall be available for this purpose and also for the purpose of paying travel pay to officers of the National Guard on their discharge from the service of the United States, as prescribed in the Act approved March second, nineteen hundred and one. Act of Sept. 8, 1916 (39 Stat. 810). See 1802, ante. 1806. Return to the United States of veterans of the World War of Polish origin. Whereas there are now in concentration camps at or near Warsaw, Poland, and have been since November, 1919, upward of twelve thousand residents of the United States of Polish origin who were equipped and transported at the expense of Great Britain and France from the United States to Poland and who were engaged in active service in behalf of the allied cause during the war; and Whereas they are desirous of returning to their homes in this country and are without means to accomplish such repatriation: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That authority be, and hereby is, given to the Secretary of War to use such Army transports as may be available to bring back to the United States from Danzig, Poland, such résidents of the United States of Polish origin as were engaged in the war on the side of the allied and associated powers. Joint Res. 31, March 10, 1920 (41 Stat. 528). 1807. Traveling expenses of wives of enlisted men.-The Secretary of War is authorized to pay for the transportation from Europe to the United States of the wives of soldiers who became such while the soldiers were in Europe. The payment therefor shall be made from funds appropriated for the transportation of the Army and its supplies and at the per capita rates agreed upon for the transportation of the troops. Act of June 5, 1920 (41 Stat. 1026). 1808. Traveling expenses and other allowances of Army nurses.-That members of said Nurse Corps shall receive transportation and necessary expenses when traveling under orders, and such allowances of quarters and subsistence and, during illness, such medical care as may be prescribed in regulations by the Secretary of War; and when at places where no public quarters are available, commutation in lieu thereof, and of heat and light therefor at such rates and upon such conditions as are now or shall hereafter be provided by law. Sec. 6, act of July 9, 1918 (40 Stat. 879). 1809. Transportation and subsistence of the American National Red Cross.That when the Red Cross cooperation and assistance with the land and naval forces in time of war or threatened hostilities shall have been accepted by the President, the personnel entering upon the duty specified in section one of this Act shall, while proceeding to their place of duty, while serving thereat, and while returning therefrom, be transported and subsisted at the cost and charge of the United States as civilian employees employed with the said forces, and the Red Cross supplies that may be tendered as a gift and accepted for use in the sanitary service shall be transported at the cost and charge of the United States. Sec. 2, act of April 24, 1912 (37 Stat. 91). 1810. Traveling expenses of foreign soldiers attached to the Army of the United States.-The Secretary of War is hereby authorized, under such regula tions and in such manner as he may prescribe, to employ such portion of the appropriations made for transportation of the Army and its supplies as in his judgment may be necessary to defray the expenses of travel incurred by officers and enlisted men of foreign armies attached to the Army of the United States during the present emergency, and that those officers and enlisted men, who may have been performing duties in this connection, be reimbursed from this appropriation for the expenditures they have already been obliged to make. Act of Oct. 6, 1917 (40 Stat. 361). 1811. Mileage of foreign soldiers on aviation business.— * 申 Provided further, That during the present emergency, officers and enlisted men of foreign armies attached to the Aviation Section of the Signal Corps as instructors or inspectors when traveling in the United States on official business pertaining to the Aviation Section of the Signal Corps shall be authorized, from funds appropriated by this Act, the same mileage and transportation allowances as are authorized for officers or enlisted men of the Regular Army. Sec. 9, act of July 24, 1917 (40 Stat. 247). That during the present emergency, officers and enlisted men of foreign armies attached to the United States Army as instructors or inspectors when traveling in the United States on authorized official business pertaining to aviation shall be entitled to receive, from funds appropriated by this Act, the same mileage and transportation allowances as are authorized for officers or enlisted men of the Regular Army. Act of July 9, 1918 (40 Stat. 849), making appropriations for the support of the Army, Signal Corps. 1812. Actual expenses paid to officers traveling in Alaska.vided, That hereafter actual expenses only, not to exceed four dollars and fifty * Pro cents per day and cost of transportation when not furnished by the Quartermasters' Department, shall be paid to the officers of the Army, contract surgeons, and dental surgeons, when traveling on duty without troops, under competent orders, within the geographical limits of the Territory of Alaska. Act of May 11, 1908 (35 Stat. 114), making appropriations for the support of the Army. 1813. Per diem allowance for a road commissioner of Alaska.and that hereafter any officer of the Army and member of said Board of Road Comissioners who is living with his family while serving as a member of sid board within the limits of the Territory of Alaska, and not stationed at a military post, shall be entitled to receive a per diem commutation fixed by the board in lieu of "actual living expenses," as now provided by law; and this provision shall embrace the time during which any member of said board shall have failed in the past to receive any allowance for expense of living by reason of the decision of the Comptroller of the Treasury above referred to, to the effect that said allowance could not be made to an officer living with his family. Act of Apr. 27, 1914 (38 Stat. 366), making appropriations for the support of the Army. The decision of the Comptroller of the Treasury referred to herein was a decision dated Mar. 14, 1913, referred to in the appropriation to which this provision was annexed. ** Provided, That the actual 1814. Expenses of military observers.and necessary expenses of officers of the Army who, after July first, nineteen hundred and fourteen, have been on duty abroad for the purpose of observing operations of armies of foreign States at war, and of officers who may hereafter be on duty abroad for that purpose, shall be paid out of the appropriation for contingencies of the military information section, General Staff Corps, upon certificates of the Secretary of War that the expenditures were necessary for obtaining military information; Act of Mar. 4, 1915 (38 Stat. 1063), For the actual and necessary expenses of officers of the Army on duty abroad for the purpose of observing operations of armies of foreign States at war, to be paid upon certificates of the Secretary of War that the expenditures were necessary for obtaining military information, $25,000. Act of June 5, 1920 (41 Stat. 949-950), making appropriations for the support of the Army: Military observers abroad. 1815. Expenses of officers, etc., on special aviation duty at home and abroad.* And also for the actual and necessary expenses of officers, enlisted men, and civilian employees of the Army and authorized agents sent on special duty at home and abroad for aviation purposes, including observation and investigation of foreign military operations and organization, manufacture of aircraft, and engines, also special courses in foreign aviation schools and manufacturing establishments, to be paid upon certificates of the Secretary of War certifying that the expenditures were necessary for military purposes. Sec. 9, act of July 24, 1917 (40 Stat. 246). 1816. Commutation of rations.For payments: Of commutation of rations to the cadets of the United States Military Academy in lieu of the regular established ration, at the rate of $1.08 per ration; of the regulation allowances of commutation in lieu of rations to enlisted men on furlough, enlisted men and male and female nurses when stationed at places where rations in kind can not be economically issued, including warrant officers of the Mine Planter Service, enlisted men of the Regular Army Reserve and retired enlisted men when ordered to active duty, and when traveling on detached duty where it is impracticable to carry rations of any kind, enlisted men selected to contest for places or prizes in departments and Army rifle competitions while traveling to and from places of contest, male and female nurses on leave of absence, applicants for enlistment, and general prisoners while traveling under orders. For payment of the regulation allowances of commutation in lieu of rations for members of the Army Nurse Corps while on duty in hospital, and for enlisted men, applicants for enlistment while held under observation, civilian employees who are entitled to subsistence at public expense, and general prisoners sick therein, to be paid to the surgeon in charge; * Act of June 5, 1920 (41 Stat. 957), making appropriations for the support of the Army: Subsistence of the Army. Under the provisions of the Act of May 12, 1917 (40 Stat. 50), commutation of rations for the Nurse Corps (female and others) was fixed at 40 cents, and for patients at Fort Bayard, N. Mex., at 50 cents. Notes of Decisions. Commutation.-Commutation in the military or naval service is money paid in substitution of something to which an officer, soldier, or sailor is entitled. Commutation, being regulated by statutes and regulations, can not be allowed by inferior authority. The principle which governs the commutation of rations in lieu of subsistence is that commutation will not be allowed where subsistence in kind is provided by the Government. Jaekle v. U. S., 28 Ct Cls., 133. 1817. Commutation of rations for competitors at the national rifle match.* Provided, That the sum of $12,000 is authorized to be expended for supplying meals or furnishing commutation of rations to enlisted men of the Regular Army and the National Guard who may be competitors in the national rifle match: Provided further, That no competitor shall be entitled to commutation of rations in excess of $1.50 per day, and when meals are furnished no greater expense than that sum per man per day for the period the contest is in progress shall be incurred. Act of June 5, 1920 (41 Stat. 957), making appropriations for the support of the Army: Subsistence of the Army. Similar appropriations were made by previous acts. ** * * * 1818. Commutation of clothing and subsistence to retired enlisted men.Provided, That hereafter a monthly allowance of nine dollars and fifty cents be granted in lieu of the allowance for subsistence and clothing. Act of Mar. 16, 1896 (29 Stat. 62), making appropriations for the support of the Army. See 1705, ante. 1819. Clothing balances.-The money value of all clothing overdrawn by the soldier beyond his allowance shall be charged against him, every six months, on the muster roll of his company, or on his final statements if sooner discharged, and he shall receive pay for such articles of clothing as have not been issued to him in any year, or which may be due to him at the time of his discharge, according to the annual estimated value thereof. The amount due him for clothing, when he draws less than his allowance, shall not be paid to him until his final discharge from the service. R. S. 1302. On July 11, 1917, the President directed that from July 15, 1917, and during the then existing emergency, a soldier's allowance for clothing would be the quantity of clothing necessary and adequate for the service on which he was engaged. See G. O. 89, War Dept., July 11, 1917, and G. O. 119, sec. III, War Dept., Sept. 11, 1917. 1820. Appropriations chargeable with clothing balances.-Clothing balances accumulating to the soldier's credit under section thirteen hundred and two shall, when payable to him upon his discharge, be paid out of the appropriation for pay of the Army for the then current fiscal year. R. S. 1308, as amended by act of June 12, 1906 (34 Stat. 246). This section, as euacted in the Revised Statutes, read as follows: "The amounts of deposits and clothing-balances accumulating to the soldier's credit under sections thirteen hundred and two and thirteen hundred and five shall, when payable to him upon his discharge, be paid out of the appropriations for pay of the Army for the then current fiscal year." For R. S. 1302, mentioned, see 1819, ante. 1821. Laundry, etc., for recruits at depots.-That traders and laundrymen at depots for recruits in the Army be, and hereby are, authorized to furnish such recruits, on credit, with laundry work and such articles as may be necessary for their cleanliness and comfort, at a total cost not to exceed seven dollars in value per man. That muster and pay rolls be made out showing the amounts the recruits respectively owe to the traders and laundrymen, and signed by them before leaving the depot, and that the traders and laundrymen be paid on such rolls, the amount paid for each recruit to be noted accordingly on the muster and descriptive rolls, in order that it may be withheld, after he joins his company, by the paymaster, at the first subsequent payment, under such rules and regulations as may be adopted by the War Department: Provided, That this provision shall apply only to recruits on their enlistment, and the credit shall only be allowed on the written order of the regular recruiting officer at said station. Sec. 3, act of June 30, 1882 (22 Stat. 122), making appropriations for the support of the Army. 1822. Disposition of the remains of soldiers and civilian employees.-Disposition of remains of officers, soldiers, and civilian employees: For interment, cremation (only upon request from relatives of the deceased), or preparation and transportation to their homes or to such national cemeteries as may be designated by proper authority, in the discretion of the Secretary of War, of the remains of officers, cadets, United States Military Academy, including acting assistant surgeons and enlisted men in active service, and accepted applicants for enlistment; interment, or preparation and transportation to their homes, of the remains of civil employees of the Army in the employ of the War Department who die abroad, in Alaska, in the Canal Zone, or on Army transports, or who die while on duty in the field or at military posts within the limits of the United States; interment of military prisoners who die at military posts; for the interment and shipment to their homes of remains of enlisted men who are discharged in hospitals in the United States and continue as inmates of said hospitals to the date of their death, and for interment of prisoners of war and interned alien enemies who die at prison camps in the United States; removal of remains fromr abandoned posts to permanent military posts or national cemeteries, including the remains of Federal soldiers, sailors, or marines interred in fields or abandoned private and city cemeteries; and in any case where the expenses of burial or shipment of the remains of officers or enlisted men of the Army who die on the active at are borne by individuals, where such expenses would have been lawful claints against the Government, reimbursement to such individuals may be made of the amount allowed by the Government for such services out of this sum, but no reimbursement shall be made of such expenses incurred prior to July 1, 1910; expenses of the segregation of bodies in permanent American cemeteries in Great Britain and France; in all, $1,000,000: Provided, That the above provisions shall be applicable in the cases of officers and enlisted |