Page:United States Statutes at Large Volume 25.djvu/915

 870 FIFTIETH CONGRESS. Srzss. II. Ch. 390. 1889. Removai pr charge Sec. 3. That the charge of desertion now standing 011 the rolls and {QQQE “°m'°' '°"°"` records in the office of nthe Adjutant General of the Army against any regular or volunteer soldier who served i11 the late war of the ` rebellion by reason of his having enlisted in any regiment, troop, or company, or in the United States Navy or Marine Corps, without having first received a discharge from the regiment, troop. or company in which he had reviously served, shall be removed in all cases wherein it shall be made to appear to the satisfaction of the Secretary of War, from such rolls and records, or from other satisfactory testi- , mony, that such re—enlistment was not made for the purpose of securing bounty or other gratuity that he would not have been entitled Limitation. to, had he remained under his original term of enlistment; that the absence from the service did not exceed four months, and that such soldier served faithfully under his re-enlistment. m¥§<;*:_¤‘le_*;(gi¤¤¥Wi¤¤· Sec. 4. That whenever it shall appear from the official records in ' the office of the Adjutant Genera, United States Army, that any regular or volunteer soldier of the late war was formally restored to duty from desertion b the Commander competent to order his trial for the offense, or, having deserted and being charged with _ desertion, was, on return to the service, suffered, without such for- · _ mal restoration, to resume his place in the ranks of his command, . · serving faithfully thereafter until the expiration of his term, such I 1>is¤b¤i¤Y_¤>¤¤¤v¤¤ soldier shall not be deemed to rest under any disability, because of .;'{,,,{"i,'{.,°°T:°£,*°°°` such desertion, in the prosecution of any claim for pension on account of disease contracted, or wounds or injuries received in the line of his duty as a soldier. PW •·¤d b<¤=¤W· Sec. 5. That when the charge of desertion shall be removed u11der the provisions of this act from the record of any soldier, such soldier, or in case of his death, the heirs or legal representatives of such soldier, shall receive the pay and bounty due to such soldier: Pronmw. vided, howc·ve*r, That this act shall not be so construed as to give to ¢i¤l°·i·»i:i$iZ1?s$le¤i?»l°x°;KZ any such soldier, or, in case of his death, to the heirs or legal repre- ¤¤l¤¤'°- -sentatives of any such soldier, any pay, bounty, or allowance for any time during which such soldier was absent from his command without proper authority, nor shall it he so construed as to give any pay, bounty, or allowance to any soldier, his heirs or legal representatives, who served in the Army a period of less than six months. _,,:f_Q¥*°““ “’“" ’°" Sec. 6. That the Secretary o War be, and he hereby is authorized Application for re and directed to amend the military record of any soldier who enlisted mxiozi  °‘ for the War With Mexico, upon proper a plication, where the rolls and records of the Adjutant General’s office show ·the charge of desertion against him, w ien such rolls and records show the facts set out in the following cases: until the fourth day of July anno domini eighteen hundred and forty ' eight, left his command without having received a discharge. V¤¤¤¤*¤¤‘¥ Mm Second. That such soldier, after said char e of desertion was entered on the rolls, voluntarily returned to liis command within a reasonable time, and served faithfully until discharged. °°’°“°"°°P*""· Smo. 7. That the provisions of this act shall 11ot be so construed as to relieve aujy soldier from the charge of desertion who left his command from isaifection or dislovalty to the Government, or to evade the dangers and hardships of the service, or whilst in the presence of the enemy (not being sick or wounded), or while in arrest or u11der charges for breach of military duty, or in case of a soldier of the _ Mexican War, who did not actually reach the seat of war. mg§g{¤;{(,’i°gl§m°g; Sud S. That when such charge of desertion is removed under the amimge worms. provisions of this act, the soldier shall be restored to a status of honorable service, his military record shall be corrected as the facts may require, and an honorable discharge shall be issued in those cases
 * ·°¤¤"*°* “°"'*°°· First. That said soldier served faithfully the full term of his enlistment, or having served faithfully for six months or more, and