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1340. Officers charged with the care of the effects of Officers charged deceased officers or soldiers shall account for and deliver count for same 127 Art. War. the same, or the proceeds thereof, to the legal represent

with effects to ac

the act of March 3, 1899 (30 Stat. L., 1225), authorizing certain expenditures in connection with the transportation and burial of the remains of officers who die in the field or at military camps, or who are killed in action, or who die in the field at places outside the limits of the United States, see paragraph 1417 post. See, also, the acts of May 26, 1900 (31 Stat. L., 212), and March 3, 1901 (ibid., 1172).

The disposition of the remains of deceased officers and the payment of funeral expenses are provided for in the following regulation: "The remains of officers killed in action, or who die when on duty in the field or at military posts, or when traveling under orders, will be decently inclosed in coffins, and unless claimed by relatives or friends, will be transported by the Quartermaster's Department to the nearest military post or national cemetery for burial. The expense of transporting the remains is payable from the appropriation for Army transportation; other expenses of burial are limited to $75. If buried at the place of death, the fact will be reported to ~ the Adjutant-General of the Army." Par. 85., A. R., 1895. (Par. 99, A. R., 1901.) The expenses of burial of deceased officers other than transportation of the remains, which under the law is payable from the appropriation for “Army transportation," limited to $75 by paragraph 85 of the Regulations, and of enlisted men, limited to $35 by paragraph 162 of the Regulations, as amended by General Orders, No. 141, September 12, 1898, from this office, will be limited to the cost of the coffin and the reasonable and necessary expense of preparation of the remains for burial, and will not include such items as: For guarding remains, expense of services of clergyman or minister, music by band or choir, flowers, cost or hire of pall to be used with horse, tombstone, crape or gloves for pallbearers, and expense of grave site where the remains are sent home at the request of relatives. Decision Sec. War, April 3, 1900, Circular No. 9, A. G. O., 1900.

There is no authority of law for the payment of mileage on account of the transportation of the remains of a deceased officer of the Army. Such payment would be illegal and could not properly be allowed by the accounting officers. Under section 2, act of July 21, 1894 (19 Stat. L., 100), mileage ceased to accrue at the point where, and the time when, by reason of death, an officer ceases to be an officer of the Army. There is nothing in section 1 of the act of September 19, 1890 (26 Stat. L., 456), which is in conflict with this view. 3 Compt. Dec., 209.

Held, that the regulation allowance for the expenses of the interment of an officer, as fixed by paragraph 99, Army Regulations, 1901, was not payable in the case of an officer who, at the time of his death, was on sick leave, this being not one of the cases specified in the Army appropriation acts in which such allowance is authorized to be paid. Dig. Opin. J. A. G., par. 1954. Similarly held in the case of an officer who died at the Hot Springs, Ark., when not on duty but on leave of absence. Ibid. Held, further, that, under the provisions on the subject of the Army appropriation act of February 27, 1893, such expenses could not be allowed for the interment of an officer dying at a military post unless he was on duty there at the time of his death, and therefore could not be legally allowed in the case of an officer who deceased at a post where he was staying while on sick leave of absence from his station in another military department. Ibid., par. 1955.

So held, under the act of March 3, 1899 (30 Stat. L., 1225), as to an officer who died on furlough. VI, Compt. Dec., 444.

Held, that the fact that an officer had been interred at the post where he died did not preclude the Secretary of War from having authorized his permanent interment elsewhere, provided the entire expenses of burial did not exceed the maximum amount of $75 allowed for such purposes by paragraph 99, Army Regulations of 1901. Dig. Opin. J. A. G., par. 1955.

Paymasters, in making prepayments of salary to officers of the Army, are liable for any portion unearned by the officer on account of death, or otherwise; also for any final indebtedness of said officer to the Government, to the extent of said prepayment. 3 Compt. Dec., 10.

Balances due from the United States to deceased persons are payable at the Treasury, and not by disbursing officers. Second Compt., sec. 676; Scott Dig., 260.

A balance due to a deceased military officer upon his pay account becomes on his death part of his personal estate, and may be set off by the accounting officers upon an indebtedness due from him to the Government. Mumford v. U. S., 31 Ct. Cls., 210. Money granted to a widow by statute cannot be set off against an indebtedness due from her husband to the Government. Ibid.

Reimbursement of expense of burial.

May 26, 1900, v. 31, p. 212.

atives of such deceased officers or soldiers. And no officer so charged shall be permitted to quit the regiment or post until he has deposited in the hands of the commanding officer all the effects of such deceased officers or soldiers not so accounted for and delivered. One hundred and twenty-seventh Article of War.

1341. In all cases where they would have been lawfut claims against the Government reimbursement may be made of expenses heretofore or hereafter incurred by individuals of burial and transportation of remains of officers, including acting assistant surgeons, not to exceed what is now allowed in the cases of officers.' Act of May 26, 1900 (31 Stat. L., 212).

The act of March 2, 1901 (31 Stat. L., 905), contains a provision authorizing expenses of interment of "officers killed in action or who die when on duty in the field, or at military posts or on the frontiers, or when traveling under orders, and of noncommissioned officers and soldiers."

CHAPTER XXVIII.

Par.

BREVETS-MEDALS OF HONOR-CERTIFICATES OF MERIT-FOREIGN DECORATIONS.

1342. Brevet rank.

1343. The same, when authorized.
1344, 1345. The same, date.
1346. Brevet rank, honorary.
1347. Assignment to duty.
1348. The same, when made.
1349. Uniform.

1350. To be addressed by actual rank.
1351. Uniform of highest volunteer rank.

Par.

1352, 1353. The same, regular rank.
1354. Foreign decorations.

1355. The same, restriction as to use.
1356, 1357. Medals of honor.

1358. Certificates of merit.
1359. The same, pay.

1360-1363. Corps badges, insignia of so
cieties.

BREVETS.

Brevet commissions.

Sec. 1209, R.S.

1342. The President, by and with the advice and consent of the Senate, may in time of war confer commissions by July 6, 1812, v. brevet upon commissioned officers of the Army for distin-25 Apr 16; guished conduct and public service in presence of the Mar. 1869, v.

enemy.1

1818, v. 3, p. 427;

15, p. 281.

is Brevets authorized for gal

1343. The President of the United States hereby authorized and empowered, at his discretion, to nominate and, by and with the advice and consent of the Senate, to appoint to brevet rank all officers of the United States Army now on the active or retired list who by their department commander, and with the concurrence of the Commanding General of the Army, have been or may be recommended for gallant service in action against hostile Indians since January first, eighteen hundred and sixty-seven. Sec. 1, act of February 27, 1890 (26 Stat. L.,

p. 13).

lantry, Indian

campaigns.

Feb. 27, 1890, v.

26, p. 13.

commission.

Mar. 1, 1869, c. 52, s. 2, v. 15, p.281. Sec. 1210, R.S.

1344. Brevet commissions shall bear date from the par- Date of brevet ticular action or service for which the officers were brevetted. 1345. Such brevet commissions as may be issued under To date from the provisions of this act shall bear date only from passage of this act: Frovided, however, That the date of service.

passage of this

the act.

Date of heroic

Sec. 2, ibid.

1Brevet rank can properly neither be conferred nor take effect except as an incident to full rank of a lower grade. Dig. Opin. J. A. G., par. 608.

Brevet rank to be strictly honor

ary.

Šec. 3, ibid.

signment.

C.

64, s. 1, v. 3. p. 427;

the particular heroic act for which the officer is promoted shall appear in his commission. Sec. 2, ibid.

1346. Brevet rank shall be considered strictly honorary, and shall confer no privilege of precedence or command not already provided for in the statutes which embody the rules and articles governing the Army of the United States. Sec. 3, ibid.

Effect of as- 1347. Officers may be assigned to duty or command Apr. 16, 1818, c. according to their brevet rank by special assignment of the Mar.3, 1869, c. 124. President; and brevet rank shall not entitle an officer to Sec. 1211, R.S. precedence or command except when so assigned.'

8. 7, v. 15, p. 318.

Assignment to 1348. Officers of the Army shall only be assigned to duty

duty, etc.; when

madé.

22, p. 457.

2

Mar. 3, 1883, v. or command according to their brevet rank when actually engaged in hostilities. Act of March 3, 1883 (22 Stat. L., 457).

Uniform of actual rank to pe

worn.

July 15, 1870, c.

1349. No officer shall be entitled, on account of having been brevetted, to wear, while on duty, any uniform other

291, s. 16, v. 16, p. than that of his actual rank.

319.

Sec. 1212, R.S.

To be addressed in orders

1350. No officer shall be addressed in orders or official by title of actual communications by any title other than that of his actual

rank.

Ibid.

Officers

wear uniform of

teer rank.

299, s. 34, v. 14, p.

rank.

UNIFORM OF HIGHEST VOLUNTEER RANK.

may 1351. All officers who have served during the rebellion as highest volun-volunteers in the Army of the United States, and have been July 28, 1866, c. honorably mustered out of the volunteer service, shall be entitled to bear the official title, and, upon occasions of ceremony, to wear the uniform of the highest grade they have held, by brevet or other commissions, in the volunteer

337.

Sec. 1226, R.S.

1

In view of the repeal by the act of March 1, 1869 (15 Stat. L., 318), of the old sixty-first article of war (which did away also with the portion of paragraph 10 of the Army Regulations of 1863 which was derived therefrom), an officer, except where specially assigned to duty according to his brevet rank by the President, is no longer entitled to precedence on courts-martial or otherwise by reason of his brevet rank. Dig. Opin. J. A. G., par. 609. See also XVII, Opin. Att. Gen., 39.

Under section 1211, Revised Statutes, an officer may legally be assigned to duty according to his brevet rank for a special command or duty, and in such case the assignment will not be effective generally, but only for the purposes of such command or duty and during its continuance. Thus held, that an officer assigned to duty according to his brevet rank "while in command of" a certain department, could legally exercise the authority and privileges of such rank only when holding such command, and for the purposes of the same. Ibid., par. 611.

2 When an officer has been duly assigned to duty or command according to a certain brevet rank, that rank becomes his actual military rank for the period of the assignment. He is empowered to exercise the authority which belongs to such rank under the circumstances, to wear the uniform, and to be addressed by the title of such rank, etc. Held, however, that a colonel, assigned to command according to a brevet rank of general, was not entitled to the aids-de-camp of a general (major or brigadier), but, as indicated in paragraph 40, Army Regulations, 1901, could be "allowed" the same only "with the special sanction of the War Department”—in other words, by the authority of the Secretary of War. Ibid., par. 612.

service. The highest volunteer rank which has been held by officers of the Regular Army shall be entered, with their names, respectively, upon the Army Register. But these privileges shall not entitle any officer to command, pay, or emoluments.

1352. All officers who have served during the rebellion as officers of the Regular Army of the United States, and have been honorably discharged or resigned from the service, shall be entitled to wear the official title, and, upon occasions of ceremony, to wear the uniform of the highest grade they have held, by brevet or other commission, as is now authorized for officers of volunteers by section twelve hundred and twenty-six, Revised Statutes. Act of February 4, 1897 (29 Stat. L., 511).

1353. All officers who have served during the war with Spain, or since, as officers of the Regular or Volunteer Army of the United States, and have been honorably discharged from the service, by resignation or otherwise, shall be entitled to bear the official title, and, upon occasions of ceremony, to wear the uniform of the highest grade they have held by brevet or other commission in the regular or volunteer service. Sec. 34, act of February 2, 1901 (31 Stat. L., p. 757.)

FOREIGN DECORATIONS.

Officers, may highest regular Feb. 4, 1897, v.

wear uniform of

rank.

29, p. 511.

The same. War

with Spain.

Feb, 2, 1901, 8.

34, v. 31, p. 757.

rations not to be

Jan. 31, 1881, s.

1354. That no decoration, or other thing the acceptance Foreign decoof which is authorized by this act, and no decoration here- worn. tofore accepted, or which may hereafter be accepted, by 2, v. 21, p. 80. consent of Congress, by any officer of the United States, from any foreign government, shall be publicly shown or exposed upon the person of the officer so receiving the same. Sec. 2, act of January 31, 1881 (21 Stat. L., 80).

etc., how

Sec. 3, ibid.

ten

1355. That hereafter any present, decoration, or other Decorations, thing which shall be conferred or presented by any foreign dered. government to any officer of the United States, civil, naval, or military, shall be tendered through the Department of State, and not to the individual in person, but such present, decoration, or other thing shall not be delivered by the Department of State unless so authorized by act of ConSec. 3, ibid.

gress.

MEDALS OF HONOR.

1356. That the President cause to be struck, from the dies recently prepared at the United States Mint for that purpose, "medals of honor" additional to those authorized by the act (resolution) of July 12, 1862, and present the same

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