Page:United States Statutes at Large Volume 44 Part 1.djvu/1160

§ 1011 retired subsequent to June 30, 1922, shall be entitled to receive the pay provided by law for retired warrant officers Provided further, That nothing in this section shall operate to prevent any person from receiving the pay and allowances of of equal length of service retired subsequent to that date: his grade, rank, or rating on the retired list when such pay and allowances exceed the pay to which he would be entitled under this section by virtue of his commissioned service. (June 8, from 1924, c. 275, §8, 43 Stat. 472.)

Chapter 17.—DESERTIONS FROM NAVY OR MARINE CORPS.

'''Section 1011. Arrest of deserter by civil officers.'''—It shall be lawful for any civil officer having authority under the laws of the United States or of any State, Territory, or District to arrest offenders, to summarily arrest a deserter from the Navy or Marine Corps of the United States and deliver him into the custody of the naval authorities. (Feb. 16, 1909, c. 131, § 15, 35 Stat. 622.)

1012. Civil War cases; removal from record of charge of desertion.—The charge of desertion now standing on the rolls and records of the Navy or Marine Corps against any appointed or enlisted man of the Navy or Marine Corps who served in the Civil War may in the discretion of the Secretary of the Navy be removed in all cases where it shall be made to appear to the satisfaction of the Secretary of the Navy from such rolls and records or from other satisfactory evidence, that any such appointed or enlisted man served faithfully until the expiration of his term of enlistment, or until the 1st day of May anno Domini 1865, having previously served six months or more, or was prevented from completing his term of service by reason of wounds received or disease contracted in the line of duty, but who, by reason of absence from his command at the time he became entitled to his discharge, failed to be mustered out and to receive a dis- charge from the service: Provided. That no such appointed or enlisted man shall be relieved under this section who, not being sick or wounded, left his command, without proper authority, while the same was in presence of the enemy. (Aug. 14. 1888, c. 890, § 1, 25 Stat. 442; May 24, 1900, c. 550, § 1, 31 Stat. 183.)

1013. Return to duty or death after desertion.—The Secretary of the Navy is authorized to remove the charge of desertion standing on the rolls or records of the Navy or Marine Corps against any appointed or enlisted man of the Navy or Marine Corps who served in the Civil War, in all cases where it shall be made to appear, to the satisfaction of the Secretary of the Navy, from such rolls or from other satisfactory evidence, that such appointed or enlisted man charged with desertion or with absence without leave, after such charge of desertion or absence without leave, and within a reasonable time thereafter, voluntarily returned to and served in the line of his duty until he was mustered out of the service, and received a certificate of discharge therefrom, or, while so absent, and before the expiration of his term of enlistment, died from wounds, injury, or disease received or contracted in the service and in the line of duty. (Aug. 14, 1888, c. 890, §2, 25 Stat. 442; May 24, 1900, c, 550, §1, 81 Stat. 183.)

1014. Reenlistment without discharge from previous enlistment. ⟨⟩—The charge of desertion now standing on the rolls or records of the Navy or Marine Corps against any appointed or enlisted man of the Navy or Marine Corps who served in the Civil War, by reason of his having enlisted at any station or on board of any vessel of the Navy without having first received a discharge from the station or vessel in which he had previously served, shall be removed in all cases wherein it shall be made to appear to the satisfaction of the Secretary of the Navy from such rolls and records, or other satisfactory testimony, that such reenlistment was not made for the purpose of securing bounty or other gratuity that he would not have been entitled to, had be remained under his original term of enlistment: Provided,' That no appointed or enlisted man shall be relieved under sections 1011 to 1016, inclusive, who, not being sick or wounded, left his command without proper authority while the same was in presence of the enemy, or who, at the time of leaving his command, was in arrest, or under charges, or in whose case the period of absence from the service exceeded three months. (Aug. 14, 1888, c. 890, § 3, 25 Stat. 442; May 24, 1900, c. 550 1, 31 Stat. 183.)

1015. Certificate of discharge.—In all cases where the charge of desertion shall be removed under the provisions of the preceding sections from the record of any appointed or enlisted man of the Navy or Marine Corps who has not received a certificate of discharge it shall be the duty, of the Secretary of the Navy to issue to such appointed or enlisted man, or in case of his death, to his heirs or legal representatives, a certificate of discharge. (Aug. 14, 1888, c. 800 $4, 25 Stat. 43: May 24, 1900, c. 550, § 31 Stat. 183.).

1016. Effect of removal of charge on right to pay and bounty.—When the charge of desertion shall be removed under the provisions of the preceding sections from the record of any appointed or enlisted man of the Navy or Marine Corps, sentatives of such man, shall receive all pay and bounty which such man, or, in case of his death, the heirs or legal repre- may have been withheld on account of such charge of desertion or absence without leave: Provided, however, That sections 1011 to 1016, inclusive, shall not be so construed as to give to any such man as may be entitled to relief under the provisions thereof, or, in case of his death, to the heirs or legal representatives of any such man, the right to receive pay and bounty for any period of time during which such man was absent from his command without leave of absence: And provided further, That no appointed or enlisted man, nor the heirs or legal representatives of any such man, who served in the Navy or Marine Corps a period of less than six months shall be entitled to the benefit of the provisions of the aforesaid sections. (Aug. 14, 1888, c. 890, $ 5, 25 Stat. 443; May 2 1900, c. 550, §§ 1, 2, 31 Stat, 183.)

1017. Removal from record of charge of desertion; World War.—In all cases where it shall be made to appear to the satisfaction of the President that a commissioned or warrant officer or an enlisted man with the charge of desertion now standing against him on the rolls and records of the Navy or Marine Corps has since such charge was entered served honorably in the World War, either in the milltary or naval forces of the Allies or in the Army, Navy, or Marine Corp or in other branches of the military service of the United States prior to November 11, 1918, the President is authorized. in his discretion, to cause an entry to be made on said rolls and records of the Navy or Marine Corps, relieving said officer or enlisted man of all the disabilities which he had heretofore or would hereafter suffer by virtue of said charge of desertion thus appearing against him; and upon such action being taken by the President, such officer or enlisted man shall be regarded us having been honorably discharged on the date the charge of desertion was entered against him; Provided, That nothing contained in this section shall operate to entitle any officer