demand of any officer authorized to receive him, shall be punished by imprisonment not less than six months nor more than two years, and by a fine not exceeding five hundred dollars.-[R. S., § 5455.] ARTICLE XXIII. DECEASED SOLDIERS. [Art. XVII, Regs. 1863, and notes on official blanks.] 226. Inventories of the effects of deceased soldiers required by the 126th Artic. of War will be prepared in triplicate, two copies to be forwarded to the Adjutant General by the commanding officer of the company to which the deceased belonged, together with final statements of pay, clothing, &c.; the other copy to be retained with the company records. 227. Each inventory will be indorsed, "Inventory of the effects of · late of company (—), - regiment of 18" who died at the day of 228. When a soldier, absent from his company, dies at any post or station, it will be the duty of his immediate commander to furnish direct to the Adjutant General the required inventories and final statements, and, at the same time, to forward to the commanding officer of the company to which deceased belonged a report of his death, specifying the date, place, and cause; to what time he was last paid, and the money or other effects in his possession at the time of his decease; and if a legal representative receive the effects, it will be so stated in the report. If the soldier leave no effects, that fact will be reported. This report will be noted on the next muster-roll of his company. 229. Should the effects of a deceased soldier not be administered upon within a short period after his decease, they shall be disposed of by a Council of Administration, under the authority of the commanding officer of the post, and the proceeds deposited with a Paymaster to the credit of the United States, until they shall be claimed by the legal representatives of the deceased. 230. In all such cases of sales by the Council of Administration, a statement in detail or account of the proceeds, duly certified by the Council and commanding officer, accompanied by the Paymaster's receipt for the proceeds, will be forwarded by the commanding officer to the Adjutant General. The statement will be indorsed, "Report of the proceeds of the effects of late of company (—), ———regiment of ―, who died at the day of 18-." 231. The effects in all cases should be turned over, when called for, to the legal representatives, without further authority from the Adjutant General. When the effects are turned over to the relatives of the deceased, before these inventories are sent to the Adjutant General, their receipts therefor should be attached to the inventories. In all other cases one copy of the receipt will be sent with a letter of transmittal to the Adjutant General, and a duplicate retained with the company. 232. Receipts in duplicate will be taken from the Paymaster for funds turned over to him-one copy to be sent direct to the Adjutant General, and one retained with the company. ARTICLE XXIV DISCHARGES. 233. No enlisted man shall be discharged before the expiration of his term, except1. By order of the President, or Secretary of War, or the Commanding Officer of a Department. 2. By sentence of a General Court-Martial. 3. On certificate of disability by the Commander of a Geographical Department or an army in the field. 4. By order of one of the United States courts, or justices or judges thereof, on writ of habeas corpus. The authority of State courts to issue writs of habeas corpus in this matter will not be recognized.—[Regs. 1863, ¶ 163; R. S., §§ 751, 761; 4th and 112th Arts. of War; A. G. O., Oct. 14, 1871; G. O. 16, 1872.] 5. General service clerks may be discharged by their commanders.-[4th Art. of War; G. O. 44, 1880.] 234. When an enlisted man is to be discharged, his company commander shall furnish him certificates of his account or final statements, according to Form 4, Pay Department. And to insure his being at the post to get these, no leave of absence, terminating with his service, will be given to him.-[Regs. 1863, ¶ 164.] 4.0.74.81 9. 83 235. At remote interior stations, soldiers may be discharged a sufficient time before their term expires to avail themselves of opportunities for returning home, whenever there is reasonable certainty that they would otherwise be detained at the post for a period much longer than that remaining on their enlistment. Permission to discharge must be obtained beforehand from the Department Commander, when possible. When a discharge is granted by the commander of a post under the foregoing conditions, a full report of the circumstance will be promptly made to the Department Commander.-G. O. 24, 1859.] 236. To insure uniformity in discharges and re-enlistments, whenever an enlisted man is discharged by expiration of service, his discharge shall take effect on the last day of his term of service; i. e., if enlisted on the second day of a month, his term will expire on the first day of same montl: five years thereafter.-[ G. O. 26, 1879.] 237. Department Commanders are authorized to arrange for the transportation and subsistence of discharged soldiers to their homes. When transportation in kind is furnished to enable the soldier to gain access to a Paymaster, the Quartermaster will note on the man's final statement simply that "transportation in kind" is furnished from such a point to such a point, but not the money-cost. On the final payment, deduction will be made of the transportation furnished in kind as such, and payment will be made for the remaining distance.—[G. O. 24, 1872.] 238. Blank discharges on parchment will be furnished from the Adjutant General's Office. They must, with the blank final statements, be kept in the personal custody of company commanders-[ Regs. 1863, ¶¶ 165, 171,] 239. No discharge shall be made in duplicate, nor shall any certificate be given in lieu thereof, except by the Secretary of War, as provided in section 224, Revised Statutes; and except that, on application to the Adjutant General of the Army, giving the regiment, company, date of discharge, and evidence of identity, a certificate will be furnished, which can be filed as proof of discharge, to any soldier desiring to be naturalized under section 2166, Revised Statutes.-[Regs. 1863, ¶ 165; G. O. 33, 1873.] 240. The cause of discharge, and the soldier's age at its date, shall be stated in the body of the discharge certificate. The soldier's character must be carefully described according to the facts. Whenever the man is unfit for re-enlistment because of bad conduct, the space in the discharge certificate left for description of character must be cut off. The officer signing the character on the discharge certificate of an enlisted man will state thereon whether or not the soldier is married.—[ Regs. 1863, ¶ 166; G. 54.85 Pas 20:01121.6.5.65 0. 1, 1869; G. O. 2, 1875; G. O. 68, 1880.] G.0. 14/85 241. Insane soldiers will not be discharged at the posts where they may be serving, but will be discharged by the Secretary of War after their arrival at the Government Hospital for the Insane. The company commanders will forward with their descriptive lists and accounts of pay and clothing certificates of disability in the usual form, and a medical history of the cases for the information of the superintendent of the hospital.-[Regs. 1863, ¶ 169; G. O. 88, 1877.] 242. An honest and faithful service of twenty years in the Army entitles a soldier to admission to the Soldiers' Home; but applications for discharge by reason of twenty years' service will not be entertained unless the soldier is a fit subject for discharge on certificate of disability, or upon condition that he shall enter the Soldiers' Home.-[Regs. 1863, ¶ 163; R. S., § 4821; A. G. O., May 1, 1872.] 243. To prevent payments on fraudulent discharge papers, Paymasters will refuse payment unless the identity of the soldier is properly established. As discharged soldiers may travel in advance of the mail, the officer who signs final statements will send to the chief Paymaster a notification of discharge several mails previous to date of discharge; and with this notification the signature of the discharged soldier, if he can write his name; if he cannot, the fact will be reported in writing on the notification of discharge. If the soldier prefer payment at some particular point other than the station of the chief Paymaster, the notification will be sent to the Paymaster to whom he will present himself. The notification must never be sent by the hands of the man discharged. No payments will be made on discharge papers by any Paymaster except upon receipt of such notification, unless he may be otherwise satisfied of their genuineness, and of the personal identity of the claimant.-[G. O. 82, 1867; G. O. 8, 187 244. The te, place, and cause of discharge of a soldier absent from his company will be reported by the commander of the post to his company commander, accompanied by a complete descriptive list of the soldier.-[Regs. 1863, ¶ 170.] CERTIFICATE OF DISABILITY. 245. Whenever a non-commissioned officer or soldier shall be unfit for the military service in consequence of wounds, disease, or infirmity, his Captain shall forward to the Commander of the Department or of the army in the field, through the commander of the regiment or post, a statement of his case, with a certificate of his disability, in duplicate, signed by the senior Surgeon of the hospital, regiment, or post, according to the form prescribed in the Medical Regulations, and blanks furnished by the Adjutant General. 246. If the recommendation for the discharge of the invalid be approved, the anthority therefor will be indorsed on the "certificate of disability," which will be sent back to be completed and signed by the commanding officer, who will then send the same direct to the Adjutant General's Office. But under no circumstances will the certificate be given into the hands of the soldier.-[ Regs. 1863, ¶¶ 167, 168; Notes on blank form.] 247. In deciding upon applications for pension, reference is made to the certificate of disability for proper proof that the soldier is entitled under the law. Therefore, when it is a probable case for pension, special care must be taken to state the degree of disability—as, į, &c.; to describe particularly the disability, wound, or disease; the extent to which it deprives the soldier of the use of any limb or faculty, or affects his health, strength, activity, constitution, or capacity to labor or earn his subsistence. The Surgeon will add, from his knowledge of the facts and circumstances, and from the evidence in the case, his professional opinion of the cause or origin of the disability, and whether "in the line of duty" or not.-[Notes on blank form of Certif. Dis.] ARTICLE XXV. CERTIFICATES OF MERIT. 248. The certificates authorized by section 1216, Revised Statutes, will be awarded only for acts of extraordinary gallantry in presence of the enemy, which acts must be specific and certified to by an eye-witness, preferably the immediate commanding officer of the soldier. Good standing and undoubted courage in a soldier will also be required to entitle him to a certificate of merit.-[G. O. 2, 1878.] 249. Recommendations for the certificate of merit must each be in behalf of only one person, and must contain a full description of the merits of the case. They must be forwarded through the regular channel, and indorsed with approval and recommendation by each commander, especially the regimental commander.-[G. O. 2, 1878.] 250. The extra pay granted on certificate of merit commences at the date of the act of gallantry for which the certificate is granted. This extra pay is two dollars per month while the soldier remains continuously in service.-[G. O. 28, 1880.] 251. Certificates of merit will not be granted to persons not in the military service of the United States at the date of application for them.-[G. O. 28, 1878.] 252. Should a soldier die before receiving a certificate conferred upon him, it will be deposited in the office of the Second Auditor of the Treasury for the benefit of his heirs.-G. O. 28, 1878.] 253. In case the soldier is discharged before the certificate is issued, it will be retained in the office of the Adjutant General until called for, when proof of the identity of the applicant will be required.-[G. O. 28, 1878.] ARTICLE XXVI. CHAPLAINS. 254. The authorized Post Chaplains will be assigned to the several Military Geographical Departments by the General of the Army, in conformity with the spirit of the law governing their appointment.-[R. S., § 1121; G. O. 70, 1869.] 255. Division and Department Commanders will, from time to time, assign or transfer to posts within their commands, for the best interests of the service, the several Chaplains ordered to report to them. On their action being made known to the Adjutant General of the Army, the Secretary of War will designate the posts as Chaplain posts, in conformity with law.-[G. O. 70, 1869.] 256. Chaplains shall enter in an appropriate book an accurate record all marriages, baptismal and funeral services performed by them, both for sons in the military service and for civilians, at or near the posts where they are stationed, with such particulars relative to each case as may become of importance. This book will be one of the post records, and subject to examination by inspecting officers.— [G. 0.3, 1875.] 257. An appropriate set of quarters, equal to the allowance of a Captain, will be set apart permanently for the Chaplain at posts where Chaplains are employed. He will not be disturbed in them further than by a reduction of his allowance, and only then when the quarters of the garrison are insufficient. He will not be entirely displaced from them, nor will he be allowed to choose quarters elsewhere.-[G. O. 24, 12; Regs., 1863, ¶ 1070.] ARTICLE XXVII. ORDNANCE SERGEANTS—COMMISSARY SERGEANTS. 4.0.98.84 258. Ordnance and Commissary Sergeants are selected by the Secretary of War from the Sergeants of the line of the Army.-[ Regs. 1863, ¶ 131; R. S., §§ 1110, 1142.] 259. Ordnance Sergeants are appointed from Sergeants who have faithfully served eight years in the line, four of which shall have been in the grade of non-commissioned officers.-[R. S., § 1110.] 260. Commissary Sergeants are appointed from Sergeants who have faithfully served five years in the line, three of which shall have been in the grade of noncommissioned officers.-[R. S., § 1142.] 261. Sergeants receiving these appointments are dropped from the rolls of the regiment or company in which they have been serving.-[Regs. 1863, ¶ 138.] 262. Captains will report to their Colonels such Sergeants as, by their conduct and service, merit appointments as Ordnance or Commissary Sergeants, setting forth the description and length of service of the Sergeant; the portion of his service he was a non-commissioned officer; his general character as to fidelity and sobriety; his qualifications as a clerk, and his fitness for the duties of the position for which he is recommended.-[Regs. 1863, ¶ 132; G. O. 38, 1873.] 263. When a company is detached from the headquarters of the regiment, these reports will pass to regimental headquarters through the commanding officer of the post or detachment, and will be accompanied by his opinion as to the fitness of the candidate for the position sought.-[Regs. 1863, ¶ 133; G. O. 38, 1873.] 264. Commanding officers of regiments will forward these reports to the Adjutant General, to be laid before the Secretary of War, with an application in the following form: 2641/2 4.0.2.85 To the ADJUTANT GENERAL: HEADQUARTERS, &C. SIR: forward for consideration of the proper authority an application for the appointment of Ordnance (or Commissary) Sergeant. Inclosed herewith you will receive the report of the officer commanding the company in which the Sergeant has been serving, to which I add the following remarks: Commanding Regiment. 265. From the nature of the duties assigned to these Sergeants it is evident that their judicious selection is of no small importance to the interests of the service. While the law contemplates in the appointment of Ordnance and Commissary Sergeants the better preservation of public property at the several posts, there is also a further consideration-that of offering a reward to faithful and well-tried Sergeants, and thus giving encouragement to deserving soldiers to hope for substantial promotion. Colonels and Captains cannot, therefore, be too particular in investigating the characters of the candidates, and in giving their testimony as to their merits-[Regs. 1863, ¶ 136; G. O. 38, 1873.] 266. These Sergeants are assigned to stations from the office of the Adjutant General of the Army. The stations of the Commissary Sergeants are designated from the office of the Commissary General of Subsistence, under the direction of the Secretary of War.-[Regs. 1863, ¶ 134; G. O. 38, 1873.] 267. The appointment and removal of Ordnance Sergeants will be reported by the Adjutant General to the Chief of Ordnance.—[ Regs. 1863, ¶ 137.] 268. At the expiration of his term of service, an Ordnance or a Commissary Sergeant may be re-enlisted, provided he shall have conducted himself in a becoming manner, and performed his duties to the satisfaction of the commanding officer. If, however, the commanding officer shall not think it proper to make the re-enlistment, he will communicate to the Adjutant General his reasons therefor in time to receive the decision of the War Department before the Sergeant can lawfully claim to re-enlist.-Regs. 1863, ¶ 135; G. O. 38, 1873.1 269. Ordnance and 4.0.26/82 return. If there are no troops at the post, they will report by letter to the Adjutant General of the Army on the last day of every month. For the purpose of receiving their pay and allowances, when serving at a post which is the headquarters of a regiment, they will be mustered with the non-commissioned Staff of the regiment. At all other posts they will be mustered with some company stationed thereat. If the company be ordered from the post, they will, by post orders, be attached for muster to some remaining company.-[Regs. 1863, ¶ 143; G. O. 38, 1873.] 2. 270. In the event of all the troops being withdrawn from the post at which they 4.0.111. 84. are serving, each Ordnance and Commissary Sergeant shall be furnished by the proper officer last in command with his descriptive roll, account of clothing and pay, and military history. On exhibiting such papers to any Paymaster, with certificate from the Chief of Ordnance or Commissary General of Subsistence that the required returns to those Departments are satisfactory, they will be paid on separate accounts to the date of the receipt of said returns at the proper bureau.—[Regs. 1863, ¶ 144; G. O. 3e, 1873.] 271. Ordnance and Commissary Sergeants belong to the non-commissioned Staff 0.2.85 of a post, under the orders of the commanding officer. They are to wear the appropriate uniform of their grade, and are to appear under arms with the troops at all reviews and inspections, monthly and weekly.-[Regs. 1863, ¶ 142; G. O. 38, 1873.] 272. The duties of Ordnance Sergeants relate to the care of the ordnance, arms, ammunition, and other military stores at the post, under the direction of the com- 40.36/8/ manding officer. Should the post be evacuated, he will remain at the station, under 273. When an Ordnance Sergeant is stationed at a post where there are no troops, he shall be entitled to commutation of rations according to the Regulations of the Subsistence Department.-[ Regs. 1863, ¶ 144; G. O. 53, 1869.] 274. The duty of the Commissary Sergeant is to assist the Commissary in the discharge of all the duties of his office, viz: Such as receiving, storing, preserving, transferring, issuing, selling, and accounting for the Subsistence supplies at the post, according to the Regulations of the Subsistence Department; but the presence of a Commissary Sergeant at a post in no manner relieves the Commissary from the responsibility for, and proper care of, Subsistence supplies.-[G. O. 38, 1873; G. O. 31, 1878.] 275. At posts where there is no commissioned officer, the Commissary Sergeant shall be responsible for Subsistence supplies, and shall be governed by the Regulations of the Subsistence Department in issuing and accounting for the same.-[G. O. 38, 1873; G. O. 31, 1878.] 276. Commissary Sergeants are not to be detailed for any other duties which would interfere with their Subsistence duties; and in case a due regard to economy and the public interest should seem to require them to do other duty, the commanding officer of the post, in forwarding the monthly report of the Sergeant, will indorse thereon the substance and reason for the order, which must have the approval of the Department Commander.-[G. O. 115, 1879.] 277. Commissary Sergeants will report by letter, through the post commander and Chief Commissary at Department Headquarters, to the Adjutant General of the Army, which report will be noted and referred to the Commissary General of Subsistence. In transmitting these reports, the Post Commissary will note thereon whether the Sergeant has well performed his duties, and generally conducted himself in a satisfactory manner during the month.-[G. O. 38, 1873; G. Ö. 13, 1875.] 278. When Commissary Sergeants fail to properly perform their duties, their discharge will be recommended.-[G. O. 31, 1878.] 27872 4.0.89.84 |