1038.

war risk insurance act to be known as section 315, and to read as follows:

"SEC. 315. That no person admitted into the military or naval forces of the United States after six months from the passage of this amendatory act shall be entitled to the compensation or any other benefits or privileges provided under the provisions of Article III of the war risk insurance act, as amended."

Act Sept. 22, Sec. 11. Pension laws applicable to persons entering the 1922, vol. 42, P. service after six months from August 9, 1921.-That section 312 of the war risk insurance act, as amended by section 17 of the act of June 25, 1918 (Fortieth Statutes, page 613), shall not be construed as making the pension laws inapplicable to persons admitted into the military or naval service after six months from the passage of the act of August 9, 1921, establishing the Veterans' Bureau and adding section 315 to the war risk insurance act.

Sec. 4, act Apr. 20, 1922, vol. 42, P. 497.

Sec. 4, act Mar. 4, 1923, vol. 42, p. 1524.

Sec. 2, act Mar. 4, 1923, vol. 42, p. 1523.

Sec. 3, act Mar. 4, 1923, vol. 42, P. 1523.

Sec. 12. Hospital facilities for certain veterans of war with Spain, etc. That all hospital facilities under the control and jurisdiction of the United States Veterans' Bureau shall be available for veterans of the Spanish-American War, the Philippine insurrection, and the Boxer rebellion, suffering from neuropsychiatric and tubercular ailments and diseases.

Sec. 13. Veterans' Bureau hospital facilities and transportation available for certain veterans of war with Spain, etc.* * * Provided, That all hospital facilities under the control and jurisdiction of the United States Veterans' Bureau, shall be available for veterans of the Spanish-American War, the Philippine insurrection, and the Boxer rebellion, suffering from neuropsychiatric or tubercular ailments and diseases, including transportation as granted to those receiving compensation and hospitalization under the war risk insurance act.

Sec. 14. War risk compensation may be paid for disability contracted prior to April 6, 1917, to persons in the service April 6, 1917, and discharged thereafter.-* * ** And provided further, That compensation as hereinafter provided may be paid for disability resulting from personal injury or disease contracted in line of duty prior to April 6, 1917, or for aggravation of a disability existing prior to examination, acceptance, and enrollment in service, for such aggravation suffered and contracted in line of duty prior to April 6, 1917, by any member of the military or naval forces in active service on April 6, 1917, who was discharged subsequent to April 6, 1917. With the exception of members of the military and naval forces whose injury was suffered or disease contracted prior to April 6, 1917, this section shall be deemed to be in effect as of April 6, 1917.

war

Sec. 15. Burial expenses, etc., of certain veterans of any may be paid by United States Veterans' Bureau.(2) If death occur or shall have occurred subsequent to April 6, 1917, and before discharge or resignation from the service, the United States shall pay for burial expenses and the return of body to his home a sum not to exceed $100, as may be fixed by regulation. Where a veteran of any war dies after discharge or resignation from the service and does not leave sufficient assets to

meet the expense of his burial and the transportation of his body, and such expenses are not otherwise provided for, the United States Veterans' Bureau shall pay the following sums: For a flag to drape the casket, and after burial to be given to the next of kin of the deceased, a sum not exceeding $5; also for burial expenses a sum not exceeding $100 to such person or persons as may be fixed by regulations: Provided, That subject to regulations where death occurs while such person is receiving governmental medical, surgical, or hospital treatment or vocational training, the United States Veterans' Bureau shall pay, in addition to burial expenses, the actual and necessary cost of the transportation of the body of such person (including preparation of the body) to the place of burial within the continental limits of the United States.

CHAPTER XIX.

REMOVAL OF CHARGE OF DESERTION; LOST DISCHARGE CERTIFICATE, ETC.

Sec. 4749, R. 8.

442.

Section.

7. Minors released by order of court. 8. Remuster of officers.

9. Certificate in lieu of lost or destroyed discharge, section 224, Revised Statutes, modified.

10. Discharge certificates, Missouri Home Guards.

11. Discharge certificate in true name, all

wars.

Section 1. Certain soldiers and sailors not deemed deserters.No soldier or sailor shall be taken or held to be a deserter from the Army or Navy who faithfully served according to his enlistment until the nineteenth day of April, eighteen hundred and sixty-five, and who, without proper authority or leave first obtained, quit his command or refused to serve after that date; but nothing herein contained shall operate as a remission of any forfeiture incurred by any such soldier or sailor of his pension; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred by the loss of his citizenship in consequence of his desertion.

Note. See sec. 2, joint res. July 1, 1902, p. 41, and joint res. June 28, 1906, p. 42.

Act Aug. 14, Sec. 2. Removal of charge of desertion; Navy and Marine 1888, vol. 25, p. Corps.-That the charge of desertion now standing on the rolls and records of the Navy or Marine Corps against any appointed or enlisted men of the Navy or Marine Corps who served in the late 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 first day of May, anno Domini eighteen hundred and sixty-five, 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 discharge 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.

SEC. 2. That the Secretary of the Navy is hereby 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 late 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.

SEC. 3. That 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 late 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 from 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 he remained under his original term of enlistment: Provided, That no appointed or enlisted man shall be relieved under this act 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.

SEC. 4. That in all cases where the charge of desertion shall be removed under the provisions of this act 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.

SEC. 5. That when the charge of desertion shall be removed under the provisions of this act from the record of any appointed or enlisted man of the Navy or Marine Corps, such man, or, in case of his death, the heirs or legal representatives of such man, shall receive all pay and bounty which may have been withheld on account of such charge of desertion or absence without leave: Provided, however, That this act shall not be so construed as to give to any such man as may be entitled to relief under the provisions of this act, 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

Act May 24, 1900, vol. 31, p.

183.

Act Mar. 2. 1889, vol. 25. p. 869.

benefit of the provisions of this act: And provided further, That all applications for relief under this act shall be made to and filed with the Secretary of the Navy within the period of five years from and after its passage, and all applications not so made and filed within the said term of five years shall be forever barred, and shall not be received or considered.

SEC. 6. That all acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

Sec. 3. Charge of desertion; Navy and Marine Corps; limitation removed. That chapter eight hundred and ninety, volume twenty-five, of the United States Statutes at Large, entitled "An act to relieve certain appointed or enlisted men of the Navy and Marine Corps from the charge of desertion," approved August fourteenth, eighteen hundred and eighty-eight, be, and the same is hereby, revived and reenacted.

SEC. 2. That section five of the said act be, and is hereby, so amended as to remove the limitation of time within which applications for relief may be received and acted upon under the provisions of said act.

Sec. 4. Removal of charge of desertion: Army.-That the charge of desertion now standing on the rolls and records in the office of The Adjutant General of the United States Army against any soldier who served in the late war in the volunteer service shall be removed in all cases where it shall be made to appear to the satisfaction of the Secretary of War, from such rolls and records, or from other satisfactory testimony, that such soldier served faithfully until the expiration of his term of enlistment, or until the first day of May, anno Domini eighteen hundred and sixty-five, having previously served six months or more, and, by reason of absence from his command at the time the same was mustered out, failed to be mustered out and to receive an honorable discharge, or that such soldier absented himself from his command, or from hospital while suffering from wounds, injuries, or disease received or contracted in the line of duty and was prevented from completing his term of enlistment by reason of such wounds, injuries, or disease.

SEC. 2. That the Secretary of War is hereby authorized to remove the charge of desertion from the record of any regular or volunteer soldier in the late war upon proper application therefor and satisfactory proof in the following cases:

First. That such soldier, after such charge of desertion was. made, and within a reasonable time thereafter, voluntarily returned to his command and served faithfully to the end of his term of service, or until discharged.

Second. That such soldier absented himself from his command or from hospital while suffering from wounds, injuries, or disease received or contracted in the line of duty, and upon recovery voluntarily returned to his command and served faithfully thereafter, or died from such wounds, injuries, or disease while so absent, and before the date of muster out of his command, or expiration of his term of service, or was prevented from so returning by reason of such wounds, injuries, or diseases before such muster out or expiration of service.