14 CHAPLAINS-TRANSFERS AND EXCHANGES. the lieutenants of the Army. An officer assigned to duty in accordance with his brevet rank as major-general or brigadier-general, may, with the special sanction of the War Department, be allowed the aids of the grade. General officers may select their aids from officers serving in their command subject to the restrictions prescribed in paragraph 40, but appointments as aids of officers serving without such limits must receive the approval of the War Department. 42. The laws, regulations, and instructions governing the details of officers of the Army, active and retired, at educational institutions will be published from time to time by the War Department. ARTICLE VII. 43. Regimental chaplains and chaplains of the Artillery Corps will be assigned and transferred by the Secretary of War. 44. It shall be the duty of commanders of regiments, hospitals, and posts to afford to chaplains, assigned to the same for duty, such facilities as may aid them in the performance of their duties. The instruction of the enlisted men in the common English branches of education is made by law one of the duties of chaplains. They will not be employed on duties other than those required of them by law or pertaining to their profession, except when the exigencies of the service, a result of deficiency in number of officers present, require it. 45. Chaplains will render, through military channels, monthly reports of the duties performed by them, and of all births, baptisms, marriages, and deaths occurring at their stations. The reports will be made on the prescribed form to The Military Secretary of the Army. 46. Chaplains will not be required to turn out with troops on occasions of ceremony, but will be inspected at chapels, schoolrooms, libraries, or such places as may be designated by commanding officers. ARTICLE VIII. TRANSFER OR EXCHANGE OF OFFICERS. 47. Officers transferred from one arm or corps to another, on mutual application, will be nominated for reappointment with rank as of the date of the commission of the junior officer previous to the transfer, and upon confirmation will be recommissioned accordingly. An officer of the lowest grade in any arm or corps who may be transferred, on his own application, to a vacancy in his grade in any other arm or corps will take rank next after the junior officer of the arm or corps to which he is transferred, and will be nominated for reappointment, with a new date of rank if necessary to fix his proper position, and upon confirmation will be recommissioned accordingly. These new appointments and commissions will determine the rank of transferred officers in their regiments and corps as well as in the Army. 48. Officers in each arm of the service will be transferred from one regiment to another therein, as the interests of the service require, by orders from the War Department, without change of rank or commission. The transfer or exchange of company officers of a regiment will be made only as the interests of the service require by the regimental commander when change of station is not involved; in cases involving change of station, by the regimental commander with the approval of the authority competent to direct the necessary travel. Artillery district commanders have the same authority in transferring lieutenants of artillery within their districts as is herein given to regimental commanders. Transfers and exchanges made under this paragraph will be immediately reported to the War Department. LEAVES OF ABSENCE TO OFFICERS. ARTICLE IX. LEAVES OF ABSENCE TO OFFICERS. 15 49. In time of peace the commander of a post may grant leaves of absence not to exceed ten days at one time or in the same month. 50. The commander of a post may take leave of absence not to exceed ten days at one time or in the same month, reporting the fact to his next superior commander. 51. The commander of a tactical division or separate brigade may grant leaves for one month, the commander of a corps or department for two months, the commander of a territorial division or department not part of a division for four months; or they may extend to such periods those already granted. Applications for leaves of more than four months' duration or from officers of the staff corps and departments for more than one month, will be forwarded for the action of the War Department. General officers stationed within the continental limits of the United States will not grant themselves leaves to pass beyond those limits, nor will general officers serving in the Philippines Division grant themselves leaves to go beyond the limits of that division. 52. Chiefs of bureaus may grant leaves for one month to officers of their respective corps serving under their immediate direction, or extend to that period those already granted to such officers. 53. Leaves of absence for three months, from date of graduation, will be allowed to graduates of the Military Academy. Such leaves will not be counted against them in subsequent applications for leave, but can not be postponed to another time. 54. Leaves of absence will not be granted so that a company will be left without a commissioned officer, or a post without two commissioned officers and competent medical attendance; nor will leave of absence be granted to an officer during the season of active operations, except in case of urgent necessity. 55. Leave of absence exceeding ten days, except under extraordinary circumstances particularly stated in the application, will not be granted to an officer until he has joined his regiment or corps and served therein at least two years. 56. An application for leave must state its desired duration and be forwarded through military channels. Intermediate commanders will indorse thereon their recommendations. 57. The commanding officer will refer applications for leaves of absence on account of sickness to the surgeon. The surgeon will examine the applicant, and should he find the leave necessary to restore health he will submit to the commanding officer a medical certificate in the prescribed form, stating explicitly the nature, seat, and degree of the disease, wound, or disability, the cause thereof, if known, and the period during which the officer has suffered from it. He will also give his opinion whether the disease, wound, or disability can be satisfactorily treated within the department in which the officer is stationed, or whether a change of climate or locality is necessary to afford more rapid or perfect recovery, in which case the special place or region recommended will be designated, with reasons therefor. The surgeon will also state whether in his opinion the disease, wound, or disability requires treatment by a specialist, and, if so, the nearest place where it can be obtained; also whether the wound or disease incapacitates the officer from all duty, or whether he can perform special duty, and, if so, the kind that he may undertake without endangering his ultimate cure. 99 66 58. Leaves of absence will be granted in terms of months and days, as one month," one month and ten days." A leave of absence commences on the day following that on which the officer departs from his proper station. The day of departure, whatever the hour, is counted as a day of duty; the day of return as a day of absence. 16 LEAVES OF ABSENCE-TRAVELING ON DUTY. Leave for one month, commencing on the first day of a calendar month, will expire with the last day of the month, whatever its number of days. Commencing on an intermediate day, the leave will expire the day preceding the same day of the next month. The expiration of his leave, whether granted on account of sickness or not, must find an officer at his station, except as indicated in paragraphs 60 and 1321. 59. A leave of absence granted an officer in the field or on special duty will take effect on the termination of the campaign or on the completion of such duty, unless his services can sooner be spared. In all other cases an officer is expected to avail himself of a leave as soon as proper facilities offer, unless a specific date is stated in the order, and if unable to do so he will report the fact to the authority granting the leave. 60. Leaves of absence which may be granted to officers of the Army serving in Alaska, or without the limits of the United States, for the purpose of returning thereto, shall be regarded as taking effect on the dates upon which such officers reach the United States, and as terminating on the dates of their respective departure from the United States in returning to their commands. The officers will be regarded as being on detached service while en route to and from the United States, but only for the time necessary to perform the journey in the most direct way customary. 61. Officers will not leave the United States to go beyond the sea without permission from the War Department. 62. An officer of the Army visiting foreign countries, whether on duty or leave, will avail himself of all proper opportunities to obtain military information, especially such as pertains to his branch of the service. He will report the results of his observations to The Military Secretary on his return to duty, or sooner if practicable. 63. The Department of State issues special passports for the use of officers of the Army traveling abroad, either on duty or leave of absence, but only on the request of the War Department, and never on the direct request of the officers themselves. Applications of officers for special passports will be addressed to The Military Secretary of the Army, will set forth the use to be made of them, and must, in all cases, be accompanied by the fee of one dollar, which is required by law to be collected for every citizen's passport issued. 64. An officer granted leave of absence for more than ten days will, upon taking advantage thereof, report to his post and regimental or corps commander and to The Military Secretary of the Army the date of his departure and his new address, and thereafter he will immediately report any change in his address and the date of return to duty to the same officers. Verbal permits for less than twenty-four hours are not counted as leaves of absence, but every other absence, of whatever duration, with date of departure and return, will be noted on the rolls and returns. 65. Permission to hunt will not be considered as a leave of absence if the officer on his return to the station forwards to department headquarters, through his commanding officer, a certificate that his time while absent was employed solely in hunting, and furnishes a report giving as complete a description as possible of the country traversed by him. 66. Permission to hunt may be granted by division, department, or post commanders for periods not exceeding ten days. 67. All applications for extensions of leaves of absence or for delays, and all correspondence regarding them, will pass through military channels. ARTICLE X. OFFICERS TRAVELING ON DUTY. 68. When an officer is ordered without troops from one post of duty to another, he will proceed by the shortest usually traveled route, without unnecessary delay. TRAVELING ON DUTY-RETIREMENT OF OFFICERS. 17 Upon his arrival at his new post, he will immediately report to the commanding officer the date of his departure from his former station, and submit a copy of his order, noting thereon the date he received it. If he shall appear to have made unnecessary delay en route, he will be required to explain the cause thereof in writing. If the post commander deem the explanation unsatisfactory, he will forward the same, with a statement of the facts in the case, to the department commander. If the officer be superior in rank to the post commander, the required report will be made by the officer himself to the department commander. 69. Orders detaching an officer for a specific duty will direct him to return to his proper station on the completion of the duty assigned him when it is intended that he shall do so. 70. Delays in obeying orders, in reporting for duty, or in returning to duty from leave can not be authorized except by the War Department. Such delays will be regarded as leaves of absence, unless it be stated in the order granting them that they are in the interest of the public service. 71. Orders contemplating the payment of mileage must state the specific duty enjoined, and that the travel directed is necessary for the public service. They will not direct travel beyond the limits of the command of the officer who issues them, except that the commander of the Philippines Division may order officers of his command to return to the United States in cases of emergency, in which the travel directed is manifestly for the public interest or is necessary to save life. When a general officer is ordered on duty beyond the limits of his command, he may order an officer of his staff to accompany him; if ordered to change station, he may order the necessary change of station of his personal staff. 72. Staff officers not serving under division or department commanders will apply to the War Department for orders directing necessary travel on public business. 73. When urgent public duty has compelled travel, without authority previously obtained, the case will be immediately reported to the proper superior officer, whose approval in subsequent orders will be accepted as though previously issued. 74. Orders directing officers to visit Washington for the settlement of their accounts will be issued only by the War Department. 75. Officers and enlisted men reporting as witnesses before a civil court should receive from the civil authorities the necessary expenses incurred in travel and attendance; neither mileage nor travel allowances will be paid in such cases by the War Department. If, however, it is absolutely necessary to furnish them transportation in kind to enable them to appear, as witnesses for the Government, before a civil court of the United States, an account of such expenditure, together with the evidence that they were properly subpoenaed and did attend the court, will be forwarded to the War Department for presentation to the Department of Justice. Officers providing such transportation will notify the court, or the marshal thereof, that it was furnished to enable the witnesses to perform the requisite journeys in obedience to the summons. ARTICLE XI. RETIREMENT OF OFFICERS. 76. When an officer becomes disabled for the performance of duty by reason of wounds, sickness, or improper habits, his immediate commander will report the facts to the department commander for the action of the War Department. The report in each case will contain specific statements and the names of witnesses by whom they can be substantiated. 77. Habitual intemperance, gambling, or other vices that tend to corrupt an officer and lower the professional standard will be regarded as proper subjects for the consideration and report of a retiring board. 5828-04-2 18 RESIGNATION OF OFFICERS-DECEASED OFFICERS. 78. When ample testimony establishes the fact that an officer has through vicious indulgence slighted or neglected his duties to such a degree as to make it unsafe to intrust him with a command, or with responsibility that properly belongs to his grade, and when it is shown that such habits have continued for such length of time as to render permanent reformation improbable, this fact, rather than his condition when he appears before the board, shall weigh in its finding as to his incapacity for active duty. ARTICLE XII. RESIGNATION OF OFFICERS. 79. A resignation tendered by an officer will be forwarded by his commanding officer, through prescribed channels, to the War Department for the decision of the President. Until duly accepted, the officer will not be considered as out of the service. 80. A resignation tendered under charges will be forwarded, accompanied by a report of the case, and, if practicable, by a copy of the charges. All correspondence. with the War Department, on the part of the officer who tenders the resignation, will be conducted through prescribed channels. 81. Leave of absence will not be granted on tender of resignation unless the resignation be unconditional and immediate. When leave is requested, the officer's address will accompany the resignation. 82. An officer of the Army on the active list who accepts or exercises the functions of a civil office contrary to law thereby ceases to be an officer of the Army. An officer on the active list can not lawfully accept or hold any office created by State or municipal authority, whether in State military organizations or otherwise. ARTICLE XIII. DECEASED OFFICERS. 83. The death of an officer, with place, cause, day, and hour, will be reported without delay by his immediate commander direct to The Military Secretary of the Army. A duplicate of this report will be forwarded to department headquarters. When the death occurs away from the officer's station, in hospital or on leave, the medical officer, if one be present, or any officer having cognizance of the fact, will make the report. 84. Inventories in duplicate of the effects of deceased officers, as required by the one hundred and twenty-fifth Article of War, will be transmitted to The Military Secretary of the Army. If legal representatives take possession of the effects, the fact will be stated in the inventory. 85. If there be no legal representatives present to receive the effects, a list of them will be sent to the nearest relative of the deceased. At the end of two months, if not called for, they will be sold at auction and accounted for as in the case of deceased soldiers, except that swords, watches, personal papers, trinkets, and similar articles will be labeled with the name, rank, regiment, and date of death of the owner and sent through The Military Secretary to the Auditor for the War Department for the benefit of those legally entitled to them. 86. On the death of an officer in charge of public property or funds, his com, manding officer will appoint a board of officers, three when practicable, which will inventory the same and make the customary returns therefor, stating accurately amounts and condition. These the commanding officer will forward to the chiefs of the bureaus to which the property or funds pertain, and he will designate an officer to take charge of such property or funds until orders in the case are received from the proper authority. Cash on hand may be invoiced by the board to the deceased |