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Statutes relating to the Army which apply to the Marine Corps.

PAY OF OFFICERS.

Sec.
1261. Rates of pay.
1262. Service of pay.
1263. Not to exceed forty per centum on

yearly pay.

Longevity pay and retirement. 1264. Brevets.

Sec.
1265. Pay during absence.
1267. Maximum of colonel's and lieuten.

ant-colonel's pay.
1268. To be paid monthly.
1269, Allowances.

Pay table.

SEC. 1261. The officers of the Army shall be entitled to Title 14, chap. 3. the pay herein stated after their respective designations:

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Colonel, three thousand five hundred dollars a year. Rates of pay.
Lieutenant-colonel, three thousand dollars a year.
Major, two thousand five hundred dollars a year.

June 15, 1870, s.

See .

Mar. 2, 1867, 8. 7, v. 14, p. 423;

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24, v. 16, p. 320; July 24, 1876, v. 19, p. 97.

sec. 1267.

Captain, mounted, two thousand dollars a year.
Captain, not mounted, eighteen hundred dollars a year. See note 120
First lieutenant, mounted, sixteen hundred dollars a year.

First lieutenant, not mounted, fifteen hundred dollars a year.

Second lieutenant, mounted, fifteen hundred dollars a year.

Second lieutenant, not mounted, fourteen hundred dol

lars a year.

Service pay

See note 3.
See June 18,

SEC. 1262. There shall be allowed and paid to each commissioned officer below the rank of brigadier-general, in-24, v. 16, p. 320.

July 15, 1870, 8. cluding chaplains and others having assimilated rank or pay, ten per centum of their current yearly pay for each 1878, and June 30, term of five years of service.

SEC. 1263. The total amount of such increase for length Idem. of service shall in no case exceed forty per centum on the 1878, and June 30, yearly pay of the grade as provided by law.

1882.

See June 18.

1882.

Note 1.-All officers below the rank of brigadier-general are entitled to ten per centum in addition to their current yearly pay as given above, for each and every period of five years' service: Provided, The total amount of such increase shall not exceed forty per centum of their current yearly pay: And prorided further, That the pay of a colonel shall not exceed $1,500 per annum, and that of a lieutenant-colonel $4,000 per annum. (Sec. 1267, R. S.] Officers on the retired list arventitled to soventyfive per centum of pay (salary and increase) of their rank, but no increase acerues for time subsequent to date of retirement. (Sec. 1254. " Retirement.")

Note 2, Officers are not "mounted," so as to entitle them to tho" meuts, and allowances of cavalry officers of the same grade," when they are fur. nished by the Government with horses and equipments. (C.C.. XVII. 132 )

Note 8.- An officer's longevity pay is to be computed, not from the time of his entering West Point, but from the time when he was commissioned second lieutenant. (C.C., XVI, 262. Babbitt's Case.)

pay, emoln.

June 18, 1878. On and after the passage of this act, all officers of the
Longevity pay, Army of the United States who have served as officers in
and retirement.
June 18, 1878, 8.

the volunteer forces during the war of the rebellion, or as 7, v. 20, p. 145. enlisted men in the arinies of the United States, regular

or volunteer, shall be, and are hereby, credited with the full time they may have served as such officers and as such enlisted men in computing their service for longevity pay

aud retirement. June 30, 1982.

The actual time of service in the Army or Navy, or both, Computing of shall be allowed all officers in computing their pay: Prolongevity pay.

June 30, 1882, vided, That from and after the first day of July, eighteen chap. 254, s. 1; 22 hundred and eighty-two, the ten per centum increase for

. L., p. . Sec. 1274, re. length of service allowed to certain officers by section

twelve hundred and sixty-two of the Revised Statutes shall be computed on the yearly pay of the grade fixed by sections twelve hundred and sixty-one and twelve hundred

and seventy-four of the Revised Statutes. Title 14, chap. 3. SEC. 1264. Brevets conferred upon commissioned officers

shall not entitle them to any increase of pay.

tirement.

Brevets.

Mar. 3, 1863. v. 12, p. 758; Mar. 3, 1865, 8. 9, v. 13, p.488.

Pay during ab. sence.

3, , s. 31,

SEC. 1265. Officers when absent on account of sickness Aug. 3, 1861, s. or wounds, or lawfully absent from duty and waiting orders, 20, 12 290; shall receive full pay; when absent with leave, for other v. 12, p. 736; June causes, full pay during such absence not exceeding in the

1864, . . 13, p. 145; July:aggregate thirty days in one year, and half.pay during such 15, 1870, s. 24, absence exceeding thirty days in one year. When absent

8., 1. , 320, 1874, v. 18, p. 43; without leave, they shall forfeit all pay during such abJuly 29, 1876, v. sence, unless the absence is excused as unavoidable.

See July, 29, 1876. July 29, 1876.

All officers on duty shall be allowed, in the discretion of Pay when ab- the Secretary of War, sixty days' leave of absence without May 8, 1874, v.

deduction of pay or allowance: Provided, That the same 18.1. 13: July 29, be taken once in two years: And provided further, That the 1870, "mul: "3.202. leave of absence may be extended to three months, if taken

once only in three years, or four months if taken only once

19, p. 102.

sent.

See note

in four years.

Title 14, chap. 3. SEC. 1267. In no case shall the pay of a colonel exceed

Maximum of four thousand five hundred dollars a year, or the pay of a colonel's and lieutenant-colonel exceed four thousand dollars a year. lieutenant-colo. July 15, 1870, s. 24, v. 16, p. 320.

nel's pay.

See note 4.

Note 3.–This act, taken in connection with section 24 of the act of July 15, 1870, continued to Army oflicers on leave of absence (during the period for which such leare may be granted them thereunder "without deduction of pay or allowancen'') quarters in kind, but it did not authorize an allowance of commutation therefor. (See next note.) (Op., XVI, p. 619, Jan. 16, 1879. Phillips.)

Where an othícer, to whom leave of absence "without deduction of pay or allow. ances" has been granted, is at the time be takes his leave entitled to the allowanco of coinmutation for quarters, this allowance must be deemed to be continued to him, by force of that provision, whilst he is on leave of absence, though for a period not exceeding that for which the leave was granted thereunder. (Op., XVI, p. 577; Nov. 15, 1880. Devens.)

Where a nilitary oflicer is ordered to the headquarters of a department to avait further orders, and pursuant to the order remains there for a long period performning no duty, he is nevertheless entitled to quarters or commutation of quarters. (C.C., XIV, p. 148. Lippitt v. U.S.)

Note 4.- A lieutenant-colonel retired is entitled to three-fourths of what he was entitled to receive when retired, and not three-fourths of allowances which he was debarred from receiving under this section. (C.C., X, p. 283. Robert's Caso.)

SEC, 1268. The sums hereinbefore allowed shall be paid to be paid

monthly. in monthly payments by the paymaster.

Ibid.

Allowances. SEC. 1269. No allowances shall be made to officers in addition to their pay except as hereinafter provided.

See mileage, quarters, etc.

Ibid.

Pay table of non-commissioned oficers, etc., as per sections following.

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SEC. 1273. When any officer travels under orders, and Title 14, chap. 8. is not furnished transportation by the Quartermaster's De- Mileage.

. partment, or on a conveyance belonging to or chartered by July 15, 1870. 8. the United States, or on any railroad on which troops and June 16, 1874, v. supplies are entitled to be transported free of charge, he 18, P. 72: Mar: sball be allowed eight cents a mile, and no more, for each July 24, 1870, v: mile actually traveled under such order, distances to be 19, p. 100. calculated by the shortest usually traveled route; and no payment shall be made to any officer except by a paymaster of the Army.

, v. 18, . 452;

See Mar. 1883.

Note 1.-All enlisted men, except musicians of the band, serving on a first period of five years' service, are entitled to one dollar per month for the third year, two dollars per month for the fourth year, and three dollars per month for the fifth year's service, in addition to the suns given in the first column above, which additional amounts are retained until expiration of service and paid only upon final settlement and honorable discharge.

One dollar per month is retained from all enlisted men (except the Marine Band) serving under a re-enlistment. This retained pay is not inclnded in the above table, and is to be credited and paid only upon final settlement and honorable discharge from service.

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Mar. 3, 1888.

From and after the passage of this act mileage of officers Computation of of the Army shall be computed over the shortest usually mileage,

Mar. 3, 1883, 22 traveled routes between the points named in the order, and Stats. L., p. 456. the necessity for such travel in the military service shall

be certified to by the officer issuing the order and stated

in said order. Pay of enlisted SEC. 1280. The monthly pay of the following enlisted men May 15, 1872, s. of the Army shall, during their first term of enlistment, be 1 : 17, P. 116, as follows, with the contingent additions thereto, hereinafter Feb. 27, 1877, chap. 69, v. 19, p. provided : Sergeant-majors of

infantry, twenty-three dollars. Quartermaster-sergeants,

infantry, twentythree dollars. Principal musicians of

infantry, twenty-two dollars. Sergeants of

infantry, seventeen dollars. Corporals of * infantry, fifteen dollars. Musicians, drummers and fifers,

infantry, thir. teen dollars. Privates of

infantry, thirteen dollars. Additional pay. May 15, 1872, 8.

SEC. 1281. To the rates of pay stated in the preceding 2, v. 17, p. 116. section one dollar per month shall be added for the third

year of enlistment, one dollar more per month for the fourth year, and one dollar more per month for the fifth year, making in all three dollars' increase per month for the last year of the first enlistment of each enlisted man named in said section. But this increase shall be considered as retained pay, and shall not be paid to the soldier until his discharge from the service, and shall be forfeited unless he serves honestly and faithfully to the date of discharge.

Sec. 1282. All enlisted men mentioned in section twelve pay Aug. 4, 1854, s. hundred and eighty, who, having been honorably discharged,

10,0 575; have re-enlisted or shall re enlist within one month thereMay 151872, , 5:13 p. 116; Mar after, shall, after five years' service, including their first 3,1875, s, ,

enlistment, be paid at the rate allowed in said section to those serving in the fifth year of their first enlistment: Provided, That one dollar per month shall be retained from the pay of the re-enlisted men, of whatever grade, named in section twelve hundred and eighty-one during the whole period of their re-enlistment, to be paid to the soldier on his discharge, but to be forfeited unless he shall have served honestly and faithfully to the date of discharge.

Reenlistment

p. 419.

Note 1.-If an officer on leave of absence be ordered to temporary duty at a place where he happens to be, so that the order involves no traveling to the place of temporary duty, and he be kept there until after his leave of absence expires and then ordered to his proper station, he is not entitled to mileago under General Orders 97 of 1876. (C.C., XIV, 272, Barr v. U.S.)

Where an officer has received but not yet accepted leave of absence from the War Department, is ordered by his commanding oflicer to convey prisoners to another post, bis leave of absence is to that extent suspended, and he is entitled to mileage from his post to the place of performance and back. (C.C., XV, 264, Andrew v. U.S.)

An officer's "station" means bis permanent station, the place of performance of his military duties, and not a place to which he was temporarily ordered for a special duty and at which he accepted his leave of absence. An officer's station can not be changed by his being ordered to perform a teniporary dnty while on leave of absence. (Idem.)

See act of June

Soe note 2.

Certificate

of

SEC. 1283. Enlisted men, now in the service, shall receive Service pay of

men already in the rates of pay established in this chapter according to service. the length of their service.

18, 1878, p. 115.

May 15, 1872, s.

4, v. 17, p. 117. SEC. 1284. Every soldier who, having been honorably Reenlistment.

4, , . discharged, re-enlists within one month thereafter, shall be 2, v. 10, p. 575; further entitled, after five years' service, including his first May 15, 1872, s. 4,

v. 17, p. 117. enlistment, to receive, for the period of five years next thereafter, two dollars per month in addition to the ordinary pay of his grade; and for each successive period of five years of service, so long as he shall remain continuously in the Army, a further sum of one dollar per month. The past continuous service, of soldiers now in the Army, shall be taken into account, and shall entitle such soldier to additional pay according to this rule; but services ren. dered prior to August fourth, eighteen hundred and fiftyfour, shall in no case be accounted as more than one enlistment.

SEC. 1285. A certificate of merit granted to a private merinti soldier by the President for distinguished services shall Mar. 3, 1847, s. entitle bim to additional pay, at the rate of two dollars per Aug:4,1854, 3.3,

17, v. 9p186; month, while he remains continuously in the service; and v.18, p. 575. such certificate of merit granted to a private soldier who served in the war with Mexico shall entitle him to such additional pay, although he may not have remained continuously in the service. SEC. 1286. Non-commissioned officers who served in the

Noncommis. war with Mexico, and have been recommended by the com- Mexican war. manding officers of their regiments for promotion by brevet to the lowest grade of commissioned officer, but have not received such recommended promotion, shall be entitled to additional pay at the rate of two dollars per month, although they may not have remained continuously in the service.

SEC. 1287. When soldiers are detailed for employment Extra duty as artificers or laborers in the construction of permanent 7, v. 14, p. 93 ;

July 13, 1866, s.

Feb. 1, military works, public roads, or other constant labor of not

P. 422; see Ops , less than ten days' duration, they shall receive, in addition II. 706: III, 116 to their regular pay, the following compensation : Privates 325; and X, working as artificers, and non-commissioned officers employed as overseers of such work, not exceeding one overseer for twenty men, thirty-five cents per day, and privates employed as laborers, twenty cents per day. This allowance of extra pay shall not apply to the troops of the Ordnance Department. SEC. 1288. Every non-commissioned officer and private. During captiv

ity of the Regular Army, and every officer, non-commissioned "Mar. 30, 1814, 8. officer, and private of any militia or volunteer corps in the 14, 1:3, p. 115.

pioned otficers of

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Note 2.-The tenth section of the act of March 3, 1875 (ch. 131, v. 18, p. 402), provides that the enlisted musicians of the band shall have the benefits as to pay, arising from re-enlistments and length of service, applicable to other enlisted men of the Army.

Note 3.—This section does not extend to one who was not in the discharge of his duties at the time of his capture, and who contributed to the disaster culpably. (C.C., IV, p. 209. Phelps's Case.)

The sentence of a court-martial, including a forfeiture of all pay dne at the time of trial, or to become due thereafter, precludes an officer from a right to receive pay after trial and during his captivity, under the act of March 30, 1814 (sec. 1288, Rev. Stat.).

See noto 3

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