s. 2, v. 13, p. 424. Jan. 24, 1865, promoted, notwithstanding the number of said grade may be full, but no further promotion shall take place in that grade, except for like cause, until the number is reduced to that provided by law. Promotion for gallantry. July 16, 1862, s. 9, v. 12. p. 584; Jan. 24, 1865, s. 2, v. 13, p. 424. Enlistments. July 11, 1870, res. 106, v. 16, p. 387. 5. See notes 4 and 4, v. 1, p. 595. SEC. 1607. Any officer of the Marine Corps may, by and with the advice and consent of the Senate, be advanced one grade, if, upon recommendation of the President by name, he receives the thanks of Congress for highly distinguished conduct in conflict with the enemy, or for extraordinary heroism in the line of his profession. SEC. 1608. Enlistments into the Marine Corps shall be for a period not less than five years. SEC. 1609. The officers and enlisted men of the Marine July 11.1798, 8. Corps shall take the same oaths, respectively, which are provided by law for the officers and enlisted men of the Army. listed men. Jan. 29, 1813. s. Title 14, chap. 5. SEC. 1342, ART. 2. "I, A B, do solemnly swear (or affirm) Oath for en that I will bear true faith and allegiance to the United States of America; that I will serve them honestly and 13. v. 2, p. 796: faithfully against all their enemies whomsoever; and that 11, V. 12, p. 289. I will obey the orders of the President of the United States, and the orders of the officers appointed over me, according to the rules and articles of war." This oath may be taken before any commissioned officer of the Army. Aug. 3, 1861. s. Title 15, chap. 9. SEC. 1610. Marines shall be exempt, while enlisted in Exemption said service, from all personal arrest for debt or contract. from arrest. June 30, 1834, s. 3, v. 4, p. 713; July 11, 1798, 8.5, v. 1, p. 595. Companies and detachments. 1, v. 1, p. 594. SEC. 1611. The Marine Corps may be formed into as July 11, 1798, 8. many companies or detachments as the President may direct, with a proper distribution of the commissioned and non-commissioned officers and musicians to each company or detachment. Title 15, chap. 9. SEC. 1616. Marines may be detached for service on board Service on the armed vessels of the United States, and the President July 11, 1798, may detach and appoint, for service on said vessels, such ss.1, 3. v.1. p. 595 of the officers of said corps as he may deem necessary. armed vessels. July 1, 1797, 8. 4, v. 1, p. 523. Note 4.-It is not in the power of the Secretary [of War] to suspend the enlistment of a soldier, retaining the right to resume his proper control over him as an enlisted man at any definite or indefinite period. He may discharge him from the service according to the contract which is made by enlistment, but the right to suspend the contract does not exist upon the part of the Secretary, even with the consent of the soldier. To use the language of Attorney-General Clifford (Op. 4, 538), The executive department has discretionary authority to discharge before the term of service has expired, but has no power to vary the contract of enlistment." (Op., XV, 362, Devens, Sept. 4, 1877.) Note 5.-Enlisted men serving within the United States can be discharged by order of the commandant on expiration of enlistment, in pursuance of the sentence of a general or summary court-martial, or by reason of unfitness for service from causes properly ascertained. Special discharges are not issued by the commandant except in cases of urgent necessity, and when, in his opinion, such discharge will not be prejudicial to the interests of the service. The regulations for the recruiting service of the Army are applied, as far as prac ticable. to the recruiting service of the Marine Corps. No person is enlisted or reenlisted other than as private, drummer, fifer, or apprentice. Marines will not be enlisted or discharged on foreign stations. SEC. 1617. No officer of the Marine Corps shall exercise Not to command yards or command over any navy-yard or vessel of the United States. vessels. June 30, 1834, s. 4, v. 4, p. 713. Marines landsmen. as SEC. 1618. The President may substitute marines for landsmen in the Navy, as far as he may deem it for the Mar. 3. 1849, s. good of the service. SEC. 1619. The Marine Corps shall be liable to do duty in the forts and garrisons of the United States, on the seacoast, or any other duty on shore, as the President, at his discretion, may direct. SEC. 1620. The President is authorized to prescribe such military regulations for the discipline of the Marine Corps as he may deem expedient. 1, v. 9, p. 377. Duty on shore. 6, July 11, 1798, s. v. 1, p. 596. Regulations for discipline. June 30, 1834, 8. 8, v. 4, p. 713. Laws and regu June 30, 1834, s. p. 595. SEC. 1621. The Marine Corps shall, at all times, be sub-lations to which ject to the laws and regulations established for the govern- subject. ment of the Navy, except when detached for service with 2,v.4. p. 713; July the Army by order of the President; and when so detached 11.1798, s. 4, v. I, they shall be subject to the rules and articles of war prescribed for the government of the Army. Every military post may have one trader, to be appointed by the Secretary of War, on the recommendation of the council of administration, approved by the commanding v. officer, who shall be subject in all respects to the rules and regulations for the government of the Army. That where a vacancy now exists or hereafter occurs in the position of post trader at any military post it shall not be filled, and the authority to make such appointment is hereby terminated: July 24, 1876. July 24, 1876, Jan. 28, 1893. 27 Stat. L., 426. Post trader Army. ships-vacancies not to be filled. Closing business of deceased Provided, That in the event of the death of a post trader. his personal representative shall be allowed by the Secre- traders. tary of War a reasonable time in which to close the busi ness. See note 7. p. 56). That hereafter promotions to every grade of commis- July 28, 1892. sioned officers in the Marine Corps below the grade of 27 Stat. L., 321. Commandant shall be made in the same manner and under (Supp., 1892-1895, the same conditions as now are or may hereafter be pre-promotions to be scribed, in pursuance of law, for commissioned officers of as in Army. the Army: Corps R. S., sec. 1621. See note 8. -examining boards, how or Provided, That examining boards which may be organized under the provisions of this act to determine the fit- ganized. ness of officers of the Marine Corps for promotion shall in all cases consist of not less than five officers, three of whom Note 6.-The Secretary of the Navy determines at what marine posts traders shall be allowed, and appoints them on the recommendation of the council of administra tion, formed under Army Regulations, approved by the commanding officers of the post and the commandant of the station. Post traders are governed by the Army Regulations, and such orders as the commandant of the Marine Corps may issue. They can not keep, have, or sell spirituous liquors. (Order of the Secretary of the Navy, Mar. 16, 1883.) Post traders are subject to the regulations of the Army applicable to the occupation or business carried on by them, in like manner, and to the same extent, that sutlers were. (Op., XVI, 658, Feb. 2, 1880. Phillips.) Note 7.-Trading establishments at military posts are authorized by R. S., § 1113. As to post gardens and canteens-now known as exchanges-see 1890, June 13, ch. 423, pars. 2 3 (1 Supp. R. S., 757), and 1892, July 16, ch. 195, par. 3, p. 37. Note 8.-Examination. for promotion in the Army are regulated by 1890, Oct. 1, ch. 1241 (1 Supp. R. S., 811), as amended by 1892, July 27, ch. 269, p. 52. 376- -10 20 A. G. Op., p. 433. Naval officers when. Title 15, chap.10. shall, if practicable, be officers of the Marine Corps, senior to the officer to be examined, and two of whom shall be medical officers of the Navy: Provided further, That when not practicable to detail may be detailed, officers of the Marine Corps as members of such examining boards, officers of the line in the Navy shall be so detailed. SEC. 1624, ART. 10. Any commissioned officer of the Navy or Marine Corps who, having tendered his resignaDesertion by tion, quits his post or proper duties without leave, and with Aug. 5, 1861, s. intent to remain permanently absent therefrom, prior to due notice of the acceptance of such resignation, shall be deemed and punished as a deserter. resignation. 2, v. 12, p. 316. RETIREMENT. Title 15, chap. 9. Retirement. SEC. 1622. The commissioned officers of the Marine Corps shall be retired in like cases, in the same manner, and with Aug. 3, 1861, ss. the same relative conditions, in all respects, as are pro15, 16, 17, Y-12P vided for officers of the Army, except as is otherwise 289; July 17, 1862, s. 12, v. 12, p. 596 provided in the next section. Jan. 21, 1870, s. 1, v. 16. p. 62; July 15, 1870, s. 4, v. 16, p. 317; June 10, 1872, s. 1, v. 17, p. 378. Retiring board, how composed. See note 1. SEC. 1623. In case of an officer of the Marine Corps, the Aug. 3, 1861, 8. retiring board shall be selected by the Secretary of the Navy, 17, v. 12, p. 289. under the direction of the President. Two-fifths of the board shall be selected from the Medical Corps of the Navy, and the remainder shall be selected from officers of the Marine Corps, senior in rank, so far as may be, to the officer whose disability is to be inquired of. Title 14, chap. 2. own application. The following sections relate to retirement in the Army: SEC. 1243. When an officer has served forty consecutive Aug. 3, 1861, s. years as a commissioned officer, he shall, if he makes appli15, v. 12, p. 289; cation therefor to the President, be retired from active July 15, 1870, ss. 4, 5, v. 16, p. 317. service and placed upon the retired list. When an officer 1882, and Mar. 3, has been thirty years in service, he may, upon his own aplication, in the discretion of the President, be so retired, and placed on the retired list. See June 30, 1883. Note 1.-Retirement in the Marine Corps is governed by secs. 1622, 1623, R. S.; i.e., officers are to be retired in like cases and in the same manner and "with the same relative conditions in all respects" as officers of the Army. Wholly retired, to receive one year's pay and emoluments; otherwise retired, 75 per cent, of the pay of the actual rank held by them at the time of retirement.-(Op., XV, p. 442, Devens, Jan. 31, 1878. Welles Case.) SEC. 1244. When any officer has served forty-five years as a commissioned officer, or is sixty-two years old, he may be retired from active service at the discretion of the President. After 45 years, or when 62. July 17, 1862, s. 12, v. 12, p. 596. See June 30, 1882, and Mar. 3, 1883. On and after the passage of this act when an officer has June 30, 1882. served forty years either as an officer or soldier in the reg. Retirement afular or volunteer service, or both, he shall, if he make ter 40 years' serv ice on own appliapplication therefor to the President, be retired from active cation. Retirement service and placed on the retired list, and when an officer compulsory at 64 is sixty-four years of age, he shall be retired from active years of age. service and placed on the retired list. June 30, 1882, ch. 254, s. 1. Mar. 3, 1883. Mar. 3, 1883, ch. 93, s. 1. 22 Stats. Nothing contained in the above "shall be so construed as to prevent, limit or restrict retirements from active service in the Army, as authorized by law in force at the date L., p. 457. of the approval of said act," retirement under the provisions thereof "being in addition to those theretofore authorized by law." That all officers who have been appointed to any corps of the Navy after service in a different branch of the Navy, shall have all the benefits of their previous service in the same manner as if said appointments were a re-entry into the Navy. SEC. 1245. When any officer has become incapable of performing the duties of his office, he shall be either retired from active service, or wholly retired from the service, by the President, as hereinafter provided. July 26, 1894. 28 Stat. L., 123. (Supp. 18921895, p. 206-207.) Navy longevity pay. Mar. 3, 1883, ch. 97, par. 5 (1 Supp. R. S., 401); 151 U. S., 362; 152 U. S., 384. See note 2. For disability. 16, v. 12, p. 289. Aug. 3, 1861, s. and powers and du SEC. 1247. The members of said board shall be sworn Board, in every case to discharge their duties honestly and ties of. impartially. SEC. 1248. A retiring board may inquire into and determine the facts touching the nature and occasion of the disability of any officer who appears to be incapable of performing the duties of his office, and shall have such powers of a court-martial and of a court of inquiry as may be necessary for that purpose. SEC. 1249. When the board finds an officer incapacitated for active service, it shall also find and report the cause which, in its judgment, has produced his incapacity, and whether such cause is an incident of service. SEC. 1250. The proceedings and decision of the board shall be transmitted to the Secretary of War, and shall be laid by him before the President for his approval or disapproval and orders in the case. SEC. 1251. When a retiring board finds that an officer is incapacitated for active service, and that his incapacity is the result of an incident of service, and such decision is approved by the President, said officer shall be retired from active service and placed on the list of retired officers. Officers entitled to a hearing. 17, v. 12, p. 290. SEC. 1252. When the board finds that an officer is incapacitated for active service, and that his incapacity is not the result of any incident of service, and its decision is approved by the President, the officer shall be retired from active service, or wholly retired from the service, as the President may determine. The names of officers wholly retired from the service shall be omitted from the Army Register. SEC. 1253. Except in cases where an officer may be reAug. 3, 1861, s. tried by the President upon his own application, or by reason of his having served forty-five years, or of his being sixty-two years old, no officer shall be retired from active service, nor shall an officer, in any case, be wholly retired from the service, without a full and fair hearing before an Army retiring board, if, upon due summons, he demands it. SEC. 1254. Officers hereafter retired from active service 17, p. 378; Mar. 3, shall be retired upon the actual rank held by them at the 1875, v. 18, p. 512. See Mar. 3, 1875. date of retirement. Rank. June 10, 1872, v. Status. Aug. 3, 1861, s. SEC. 1255. Officers retired from active service shall be 16, v. 12, p. 289; Withdrawn from command and from the line of promotion. July 17, 1862, s. 12, v. 12, p. 596. Rights and liabilities. Aug. 3, 1861, 18, v. 12, p. 290. Vacancies. Ibid., s. 16. s. Title 14, Chap. 3. SEC. 1256. Officers retired from active service shall be entitled to wear the uniform of the rank on which they may be retired. They shall continue to be borne on the Army Register, and shall be subject to the rules and articles of war, and to trial by general court-martial for any breach thereof. SEC. 1257. When any officer in the line of promotion is retired from active service, the next officer in rank shall be promoted to his place, according to the established rules of the service; and the same rule of promotion shall be applied, successively, to the vacancies consequent upon such retirement. SEC. 1274. Officers retired from active service shall receive seventy-five per centum of the pay of the rank upon July 15, 1870, 8: which they are retired. Pay. 24, v. 16, p. 320; Mar. 3, 1875, v. 18, p. 512. See Mar.3,1875. See note 3. Wholly retired. Aug. 3, 1861, s. 17, v. 12, p. 290. Mar. 3, 1875. under certain conditions. SEC. 1275. Officers wholly retired from the service shall be entitled to receive, upon their retirement, one year's pay and allowances of the highest rank held by them, whether by staff or regimental commission, at the time of their retirement. That all officers of the Army who have been heretofore Rank and pay retired by reason of disability arising from wounds received in action shall be considered as retired upon the actual rank held by them, whether in the regular or volunteer service, at the time when such wound was received, and shall be borne on the retired list and receive pay hereafter Note 3.-An officer of the Army who is "retired from active service" is still in the military service of the United States, and, in addition to the percentage of pay of the rank on which he was retired, is entitled to the 10 per cent allowed by R. S. 1262, 1263 for each term of five years' service. (Otto, 105, 244, Tyler v. U. S.; C. C., XVI, 223.) |