Page:United States Statutes at Large Volume 44 Part 1.djvu/239

 wv-) TITLE 10.-- .3m·inne Corps or in other branches of the military se;rv{ to  py me 1Tnited States prior to November 11, 1918, the fn 1’w»Ld¤_·11t_is hereby authorized, in his discretion, to cause en sl (mm {AY EK} Thad? OH  YOHB talld I`f‘CQI'(].S of the APmy,~ dt ¤§,,Q·_ ur Marine Corps, relieving said ·oHi_oer_or enlisted mon ce of eil me disabilities which he had heretofore or would l1ere— tl .,~;,,;— rmTr;r· by virtue of said charge of desertion thus ap- S gzuier; zzgzninst him; end upon such action t>ei11g.mken_by, rid- P-¤¤·sidc¤1t such ofli1:er·0r, enlisted `1D8l1·S].l8u. be regarded er L,;_;_~t·in;, hbe`11 h0HOI'3b}}’_ discharged ontlre date the charge in pi ·1.·»r—:·1imx was entered against him: Ifrovided, That noth-° vs gh; .··»rlmixx&·d in this Section shall operate to entitle amy officer ti vg; miizeleéd mm; to back pay or allowances of any kind or to 0 sr r···nrion for any service rendered `prior to the Wor1d·· War, r .3Lw. 4, 1925, é. 536, 5 2, 43 Stat. 1270.),   » · UGS, Removal olreoord of chargefhgainstg soldiers in. Civil e \\`;4r.»»—-'1’l1e Secretary of War is lrcl‘eby_ .a·utl10rized_ to remove, a ew llmrgxe of desertion from therecord of any regular or -v_0l-I c wwwa- soldier in the ‘Ciril .War. upon proper application? _mr·»·¤·2‘l»r, ondfsatisfactoryt prpof·ln‘·the° following cages-: __ v ` 1·‘n·rt. That sdch soldier, *g_£Rer suck? charge of desertiop v we made, and within e· redmdable time thereafter, volnrn- c t;xl‘iIy_l‘l‘lllI'lI€‘d t0_ his command and served faithfully to the W1 of his term of sei·vlce,or until dlseharzgéd. I · _A ¢ ` smunel. Tlmtfsuch isoldleri abseuted himself from his`<;0m-. l mm! or from hospital while_su¤ering_fr0m wounds, injuries, 1 we- ui»¤e;nse,· reeeived or contracted lh thelline ofduty, and 1 `ilgmll reco\·ery voluntarily returned to his command and a >=·a·x·;·<l faithfully thereafter, or_died from such woundsgt in- 1 jmilw, or disease while s0_·abSent, Zend before —tl1e‘ ddte of. 4 m¤z<a`·_·x· out of his eomxrxand; or expirutloir of his term of serv- i im or vrzis prevented from so¤¤ returning by reason of ·such‘ _¤ e r·;=ir:ltim1_ df serylcc. , . I ‘ * Third. That such soldier was ,:1 minor, and was enlisted E ¤\i_m¤·ut the consent of his parent or guardian, and wee re- .‘ 2·-meet or discharged from sueh service by the order or decree J yr any State or United States court up habeas. cerpnis or ·=:n··¤· judicial proceedings, add in such case such soldier · ‘ rmx notbe entitled to any bounty or allowance, or pay for ‘ wr time such soldier was uotlin the perforxrteuee of, military duty. (Mar. 2, 1@1, c. 498, 26 Stat. 824.)—'V ` l  l 1436. Chnrge bawd on second ehlfstmeut, by soldier in Civil ` _\\‘m· before expiration ofjor discluprge from drst eulletmentw- ·,'l`1¤=~<·la:zrge of demrttou noir standing ou the rolls `audrecords in me omce of The Adjutant Generatof the Army against·.zmy_ ·1:·`·;;m:sr or Volunteer eoldierjwlm served in thelate War of the -l:··m·llil»n by reason. of his having enlisted in any regiment, t:··¤·p, or company, or l—¤‘ the United States_Ngvy or- Marine rmi! he removed in all cews wherein it shall be made to apdegr i ¤·· the satiefaetloxzr of the Secretary of War, from euelx rolls and records, or from other satisfactory testimony, that `udch - }•t.‘l1liStu]€Bt was not made. for the purpose of securing bcuxity ‘ or other ·gratulty thatlxe would not have been entitled to, had hr-L resrmlxaed under his original tern}:. of eullestnient `; that the db- ~··m·e from the service did not exeeed four ruontlns, and that . mei; soldier served faithfully under his` reeullstment. (Mar. if. 1889; c.,390, | 3, 25‘Stat. 870;)  · _ d ‘ ‘ , ,1437. Return to duty by soldier in Civil War After deéer~ ‘ tion, asirestorinz ·ri§;ht to pe¤z£o¤.———-Whenever it Qhdll appear -s‘mm theometnl records in the omee of The Adjutant General, e ` '\'_¤ited Statm Amgy,  any @11lar or._Y0llmteor, qoldter of l me Clyilowar was formally restored td duty from dmrtiou gy the commamwr competent to order his trial forth o¤ex¤w.~or, imvlng deserted and' being charged with desertion, wes, on, return to the service, gukeredhwithout auch forbid rmtoratlcu,. ‘ 86:;•70_•-20e-——-1¤‘ ` ‘ ‘ l " 1
 * ymxnllls, injuries, or- diseases before such muster, 0`ut, or 1
 * 7<•z·;g>·=, witlaout having Bret received a discharge from the regiment, troop, or company ln whleh. he; had prevxoomy served, `

ARMY § 144.2 » resume his piece in the ranks of his command,. ser·.·i.ng fnithxliy tlxereafter until the cxpirafim1 of his term, such soldier 12111 not be deemed to 1'€S_lZ‘l1ll(l€1° any disability, because cif such esertidn, in the prosecution `oi any claim for pension on acmnt of· disease contracted, or xveumls or injuries received in 1e Iine.0f his duty ,as_a soldier. (Mar. 2, 1889, c. 390, § -4, 2*5 t{1t.870.)` — · ` . Q A *5* 1438. Removalof record of charge against soldlerts in Mexiagn _War.-—-The Secretutjy of Whrbe, and he hereby is', aut·h01·- ned and directed -t0 amend the military record of any- soldier who enlisted for the waxrwith `Mexico, upon pmper applicaion, where the rolls end records of The Adjutant Generals iiice. shew the charge bf desertion against him, when such ollsaml rec0rds’sh0w” the facts set out in the following cases: Fixjst, That saidsoldier served felthfully the full term of his nlistment, or h21viug'served. faithfully for six menthsgor more, md until the ith day of July, ‘ann0 Domini 1848, left his engmand without liaving-received a dixharge, · Seé0nd..·That such soldier, after. said charge of desertion vas entered on. the rolls, voluntarily returned te his command vithin a‘_ reasonable time, and served faithfully until diseharged. (Ma1·.,_2,'18tl9, c. 390, § 6, 25hStat, 870.). e 1439. Right to Ry, allowances; and bounty after remove} sf charge.-—¥When tlic charge of desertion shall be removed _ mder the provisions of sections 1435¢rl3S of this title, "fmmthe '_ record ofahy soldier, sueh soldier, or, in case of his death, the reins or legal representatives of such soldier, shall receive? the gay 1nd_bounty due to such soldier: Provided, lzousever, That said provisions shall not be `so construed- as to give teeny rsgch sol- J dier, 011 in case bf liis death, to the heirs er legal `represents ' Lives -0f any such seldief, any pay, bounty, er allowance for anytime during which such- soldier was absent from his mand withont Vproper autherity, ner shall they ·be`s.e construed as- tq `glve any pay, bennty., 0;: allowance to jay soldier, his heirs or legal representatives, who served in the Army a period 0f·· less than six months., (Mar. 2, 18&, c. 390, { 5325 Stat. 3, 1440. Cases eiccepted _- frem_ provisions fer rexneval ef chsxjge.·—-—Tl1e.provisiens of sections 1435-1438 of this title shall not _ be so construed as t0`·relie§e any soldier {rem the elierge of desertion whe left his command fxfom disaHectlen_ er disloyalty to the Government, or te evade the dangers and haz·d··a ships of the.serviee,*0r whilst ln the presence of the enemy (nutda being sick or wounded), omwhile in arrest er under chexges fer ln·ea<;h'0f Ii1l]llZ&l',Y-dllty, of in case of e soldier of the Mexican War,. whe did not actually teach the seat of seen (Mar. 2. 1889, c. 390, § 7,25-Stat. 870.)  _ r d _ _. . 1441. Ilesferatien of ‘ states bi removal of change.->;X\"hen sucb charge of · desertion is removed under the prevlsiens; of wctions·~1436—1439 of this title,. the soldier shall be l'€SI01*&:d _ to ‘ a- states ·0f_ henorable service, his mililtary’ree0:d`sh:1ll be corrected as the facts m:1y‘reqnire, and an honorable zlisehargeshall be issued in them cases where the soldier has reeeieed none; and he shall be restered to all his rmlxts as to pensleu, bay, er ·el10wances`~’as if" the eéherge_ of desertion had neverbeeu made; end in case of the death of said seldier, his widow_ or othérd legal heir shall be entitle; to the same rights nsin —- case. of either deceased henombly discharged seldlexfss tPre·ei;Ied, That sections 14364439 of this title shell net be construed tq >. give to any soldier:. or his legal re;n·esentatives or heilj, any pay`. or allowance for any period of time he was a!ssent_witl1eut leave, end not ln the performance of military duty; (Mar. 2, 1889. C. 390, §· 8,  Stat. 870.) _. " · ‘ 1442. Applicatikms fog? removal of charge.-—-=bAll applications -` for relief undexf sectiens 1-135-·14·3S efthis title shell be nnsule to and nled with the.·Secreta_n*y of War, (Mar. 2,. 1889. e. 390, § 9. 25 Stat. 871; Jnly 27, 1892, c. @73, 27`Stnt. 278; Mar. 2, 1895. ,¤ . 1s1. 28 smc. $14.) ‘ _. e