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SICK-LEAVE.

90. Leaves of absence on account of sickness will not be granted to officers to go beyond the limits of the Military Department within which they are stationed, unless the certificate of the Medical officer shall explicitly state that a greater change is necessary to save life, or prevent permanent disability. Nor will sick-leaves to go beyond the Department limits be given in any case, except of immediate urgency, without the previous sanction of the War Department.-[Regs. 1863, ¶ 186]

91. Commanders of Geographical Departments and Divisions are authorized to grant leaves of absence, on account of sickness, subject to the limits fixed by the General Regulations of the Army for ordinary leaves. The application must be accompanied by a Surgeon's certificate of disability. Leaves will not be granted unless they originate at the post of duty of the officer.-[G. O. 114, 1877.]

92. No application for extension of sick-leave will be granted from the Headquarters of the Army, or the War Department, unless such extension shall have been approved by the Department or Division Commander.-[G. O. 114, 1877.]

93. On the expiration of a leave of absence on account of sickness, if the officer be able to travel (without endangering his ultimate cure), he will forthwith proceed to his post, although his disability may not have been removed. Exceptions to this general rule must be made in each case by the War Department, on full and explicit medical certificates, forwarded to the Adjutant General of the Army, through Department Headquarters, setting forth the reasons for delay and the length of time delay is considered necessary.-[Regs. 1863, ¶ 187; G. O. 114, 1877.]

94. When an officer is prevented by sickness from joining his station, he will transmit the prescribed medical certificates, monthly, to the commanding officer of his post, and regiment or corps, and to the Adjutant General-all through Department Headquarters; and when he cannot procure the certificate of a medical officer of the Army, he will substitute his own certificate, on honor, as to his condition, the certificate to embrace a full statement of his case. The certificates, when approved by the Department Commander and forwarded to the Adjutant General of the Army, will be sufficient authority for his absence until he is able to travel to his post. If the officer's certificate is not satisfactory, he will be so informed; if satisfactory, the Adjutant General will furnish him, for the advice of the Pay Department and to secure his pay, an official letter of acceptance. Whenever an officer has been absent on account of sickness for one year, he may be examined by a Medical Board, and the case specially reported to the President.—[Regs. 1863, ¶ 188; G. O. 114, 1877.]

95. When an officer is absent under an accepted certificate of

disability, he will be entitled to the same pay as if an order had been issued granting him leave of absence où account of disability. -[G. O. 114, 1877.]

FORM OF MEDICAL CERTIFICATE.

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96. Regiment of, having applied for a certificate on which to ground an application for leave of absence, I do hereby certify that I have carefully examined this officer and find that-[Here the nature of the disease, wound, or disability is to be fully stated, and the period during which the officer has suffered under its effects], and that, in consequence thereof, he is, in my opinion, unfit for duty, and not able to travel without endangering his ultimate cure. I further declare my belief that he will not be able to resume his duties in a less period than-[Here state candidly and explicitly the opinion as to the period which will probably elapse before the officer will be able to resume his duties. When there is no reason to expect a recovery, or when the prospect of recovery is distant or uncertain, or when a change of climate is recommended, it must be so stated.] Dated at this day of

[Signature of the Medical Officer.] [Regs. 1863, ¶ 185; G. O. 114, 1877.]

97. An ordinary leave will not be changed to a sick-leave except on the application of the officer through his post commander, that the medical officer of the post, familiar with the habits of the officer, may certify as to its necessity. The post commander will forward the application through the Department Commander, who will indorse his remarks, for the action of the General of the Army and the Secretary of War.-[G. O. 114, 1877.]

98. In all reports of absence, or applications for leave of absence on account of sickness, the officer shall state how long he has been absent already on that account, and by whose permission.-[Regs. 1863, 189.]

99. Department Commanders are authorized, at any time it may seem to them proper, to order officers absent on sick-certificate to return to their posts.-[G. O. 114, 1877.]

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102. Department Commanders will, from time to time, report to the Adjutant General of the Army the names of officers belonging to their Departments who are incapacitated for active service or command, with a view to their being brought before a Retiring Board. The reports in each separate case will contain a specific statement of facts, and the names of witnesses to prove them.-[ G. 0.2, 1871.]

103. Habitual intemperance, gambling, low company, or other vices that tend to corrupt an officer and lower the professional standard, are causes sufficient to bring an officer before a Board, to be wholly retired.-[G. O. 2, 1871.]

104. When ample testimony establishes the fact that an officer has, through vicious indulgences, slighted or neglected his ordinary dutics to such a degree as to make it evidently unsafe to intrust him with a command or responsibility that rightfully belongs to his grade, and when it is shown that such habits have continued for such length of time as to make a permanent reformation improbable, this fact, rather than the present condition of the officer when he appears before the Board, should weigh in the verdict as to his incapacity for active duty.-[Circ. W. D., Oct. 26, 1868.]

105. Officers on the Retired List are amenable to the Rules and Articles of War, and subject to trial by Court-Martial for a violation thereof. It is made the duty of all officers of the Army who may become cognizant of flagrant violations of military law by any retired officer to report the same to the Adjutant General of the Army for the action of the General.-[G. O. 2, 1871; R. S., § 1256.]

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ARTICLE XIII.

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RESIGNATIONS OF OFFICERS.

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109, No officer will be considered out of service on the tender of his resignation, until it shall have been duly accepted by the proper authority. Any officer who, having tendered his resignation, shall, prior to due notice of the acceptance of the same by the proper authority, and without leave, quit his post or proper duties with the intent to remain permanently absent therefrom, shall be registered as a deserter, and punished as such.-[ Regs. 1863, 24.]

110. The resignations of officers appointed by the President can be accepted by him alone.—[G. O. 40, 1862.]

111. Resignations will be forwarded by the commanding officer to the Adjutant General of the Army for decision of the proper authority.-[ Regs. 1863, ¶ 25.]

112. Before approving tenders of resignation of disbursing officers, Commanding Generals will cause all public moneys or property in their hands to be turned over to the officer designated to receive the same. This action will be indorsed on the resignation, and promptly reported to the head of the proper Staff department at Washington.-[G. O. 238, 1863.]

113. Resignations tendered under charges, when forwarded by any commander, will always be accompanied by a copy of the charges; or, in the absence of written charges, by a report of the case, for the information of the Secretary of War.-[Regs. 1863, ¶

114. Before final payments are made to an officer whose resignation has been accepted, he will be required to exhibit a certifi cate of non-indebtedness to the United States from the proper accounting officers of the Treasury.-[Regs. 1863, ¶ 27; Sec. War, May 16, 1864; A. G. O. March, 15, 1867.]

115. In time of war, or with an army in the field, resignations shall take effect within thirty days from the date of the order of acceptance.-[Regs. 1863, ¶ 28.]

116. Leaves of absence will not be granted by commanding officers to officers on tendering their resignation, unless the resignation be unconditional and immediate. When leave is granted, the officer's address should accompany the resignation.-[Regs. 1863, ¶ 29.1

117. Any officer of the Army who accepts or holds any appoint. ment in the diplomatic or consular service of the Government shall be considered as having resigned his place in the Army. This applies to officers on the Active List, and to all retired officers, excepting those exempted by the provisions of section 2, act March 3, 1875.-[R. S., § 1223; G. O. 57, 1877.]

ARTICLE XIV.

DECEASED OFFICERS.

118. The death of an officer, with cause, date, and place, will be reported without delay by his immediate commander, direct to the Adjutant General. When the death occurs away from the officer's station in hospital or on leave, it is the duty of the Army Medical officer, if there be one in charge, or of any officer having cognizance of the fact, to make the report. A duplicate of the report will be sent to Department Headquarters.-[Regs. 1863, ¶ 149; G. 0. 85, 1875.]

119. Inventories of the effects of deceased officers, as required by the 125th Article of War, will be transmitted to the Adjutant General of the Army. If legal representatives take possession of the effects, it will be so stated on the inventory and the report of death.-[Regs. 1863, ¶¶ 150, 151.]

120. If there be no legal representative present to receive the effects, a list of them will be sent to the nearest relative of the deceased officer. At the end of two months, if not called for, they I will be sold at auction and accounted for as in the case of deceased soldiers; except that swords, watches, trinkets, and such articles, will be labeled with the name, rank, regiment, and date of death of the owner, and sent through the Adjutant General to the Second Auditor of the Treasury for the heirs.-[G. O. 55, 1864.] 121. On the death of any officer in charge of public property or money, the commanding officer shall appoint a Board of Survey to take an inventory of the same, which he shall forward to the

proper bureau of the War Department; and he shall designate an officer to take charge of the said property or money till orders in the case are received from the proper authority.—[Regs. 1863, ¶ 1037.]

122. Funeral expenses of officers who die at a military post or station are ordinarily not a proper charge against the appropriations for the Army.-[Sec. War, Dec. 18, 1878.]

123. Expenses "of the interment of officers killed in action, or who die when on duty in the field, or at posts on the frontiers, or when traveling on orders," may, under certain circumstances, be ordered paid by the Secretary of War. But, except when emergency requires that the commanding officer of the Department or District shall order the body to be transported from the battlefield to a suitable place of interment at the nearest town, post, or station, before the approval of the Secretary can be obtained, such approval must be had in advance. No accounts will be paid for any such expenditure until the approval of the Secretary of War in writing is obtained.-[Act June 23, 1879, in G. O. 23, 1879; G. O. 91, 1872; G. O. 1, 1873.]

124. The unclaimed remains of officers or soldiers who may die at temporary camps, or on detached service, will be decently inclosed in coffins, and transported by the Quartermaster's Department for burial at the nearest military post or national cemetery, unless the commanding officer deem burial at the place of death to be proper. A report of such case will be made to the Adjutant General of the Army.-[G. O. 43, 1877.]

ARTICLE XV.

THE GENERAL OF THE ARMY.

125. The military establishment is under the orders of the General of the Army in all that pertains to its discipline and military control. The fiscal arrangements of the Army belong to the several administrative departments of the Staff, under the direction of the Secretary of War, and to the Treasury Department.-[G. 0. 28, 1876; R. S., § 1133, et seq.]

126. All orders and instructions relating to military operations, or affecting the military control and discipline of the Army, issued by the President or the Secretary of War, will be promulgated through the General of the Army.-[G. O. 28, 1869; G. Ŏ. 28, 1876.]

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ARTICLE XVI.

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MILITARY GEOGRAPHICAL DIVISIONS, DEPARTMENTS, AND COMMANDS.

128. Military Geographical Divisions and Departments are established and their commanders are assigned by orders from the

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