"Officers retired from active service shall receive 75 per cent of the pay of the rank on which they were retired."—R. S., 1274.

897. "The pay of a retired officer should be computed on the basis of the pay of his actual rank, as determined by his commission, and not on the basis of a higher rate of pay which he may have been receiving just prior to his retirement."-10 Comp., 500, Dec. 23, 1903. (Case Capt. Lemly.)

898. Officers on the retired list are a part of the Army (39 Ct. Cls., 178, Jan. 18, 1904) and are entitled to the increased pay which the law allows for every five years' service.-105 Sup. Ct., 244, G. O., 40, 1882. (Case R. W. Tyler.)

But "hereafter, except in case of officers retired on account of wounds received in battle, no officer now on the retired list shall be allowed or paid any further increase of longevity pay, and officers hereafter retired, except as herein provided, shall not be allowed or paid any further increase of longevity pay above that which had accrued at date of their retirement."-Act Mar. 2, 1903, 32 Stat., 932; G. O., 24, A. G. O., 1903. In computing longevity pay a retired officer is not entitled to credit for time served on active duty after retirement.-15 Comp., 235, Oct. 13, 1908 (Case Navy Department.) 899. Pay of retired officers.

900. "An officer placed upon the retired list will receive active pay to include the date of retirement, and the pay of a retired officer thereafter. If on duty, he will receive active pay to include the date of receipt by him of notice of his retirement."-A. R., 1283, 1908.

901. If an officer, through an exigency of the service, is actually held to active service by competent authority after the time when he should be retired, he is entitled to active service pay for such time.-9 Comp., 20, July, 25, 1902. (Case Major Jones.)

902. Where an officer is retired on the day he accepts an appointment to a higher grade, he is entitled to the full pay of the higher grade for one day.-P. M. G., Feb. 17, 1903, 36028.

903. Should an officer fail in his physical examination for promotion by reason of disability contracted in line of duty, he shall be retired with the rank to which his seniority entitled him to be promoted.—Act Oct. 1, 1890, 26 Stat., 562 (G. O. 116, 1890), and act Apr. 23, 1908, 35 Stat., 67 (G. O., 67, 1908).

A major of the Medical Corps not found disqualified for promotion by reason of physical disability incurred in line of duty, but found disqualified for any other reason, shall be retired without promotion.-Act Mar. 3, 1909, 35 Stat., 737; G. O. 49, 1909.

And is entitled to active pay of lower grade only to time he receives notice of his retirement. Comp., July 12, 1901, P. M. G. O., 15327. (Case Lt. McClure.)

904. An officer "examined for promotion and found disqualified, and who was subsequently ordered retired, to date back from the occurring of the vacancy to which

he would have been promoted had he been found qualified, is entitled to active duty pay of the lower grade until the receipt by him of the notice of his retirement.”12 Comp., 628, Apr. 12, 1906. (Case Marine Corps.)

905. "Any officer of the Army below the grade of brigadier-general who served with credit as an officer or as an enlisted man in the regular or volunteer forces during the civil war prior to April 9, 1865, otherwise than as a cadet, and whose name is borne on the official register of the Army, and who has heretofore been, or may hereafter be, retired on account of wounds or disability incident to the service or on account of age or after forty years' service, may, in the discretion of the President, by and with the advice and consent of the Senate, be placed on the retired list of the Army with the rank and retired pay of one grade above that actually held by him at the time of retirement: Provided, That this act shall not apply to any officer who received an advance of grade since the date of his retirement or who has been restored to the Army and placed on the retired list by virtue of the provisions of a special act of Congress."-Act Apr. 23, 1904, 33 Stat., 264; G. O., 76, 1904.

When a retired officer who has been advanced one grade is detailed to duty with an educational institution under the act of November 3, 1893, or assigned to active duty under the act of April 23, 1904, he is entitled to the full pay and allowances of the grade to which advanced, subject to the limitations imposed in the acts of March 2, 1905, June 12, 1906, and March 3, 1909.-Comp., May 13, 1910, P. M. G. O., 81947. See Manual, pars. 911 and 918.

906. "Any officer now holding appointment in any corps or department who shall hereafter serve as chief of a staff corps or department and shall subsequently be retired, shall be retired with the rank, pay, and allowances authorized by law for the retirement of such corps or department chief.”—Act Feb. 2, 1901, 31 Stat., 755, G. O., 9, 1901.

907. No person who holds an office, the salary attached to which amounts to $2,500, shall be appointed to or hold any other office to which compensation is attached unless specially authorized by law; “but this shall not apply to retired officers of the Army or Navy whenever they may be elected to public office or whenever the President shall appoint them to office by and with the advice and consent of the Senate."-Act July 31, 1894, 28 Stat., 205; G. O., 36, 1894.

908. An officer retired with the rank and pay of one grade above that held by him at the time of his retirement is entitled to the increase from the date he was actually placed on the retired list, and neither requires an acceptance nor permits of a declination.-11 Comp., 448, Feb. 14, 1905. (Case Capt. Morse.)

The pay of the new grade attaches from the date of the rank as fixed in orders (P. M. G., Jan. 2, 1906, 32059), but can not be paid until after confirmation.— Comp., May 28, 1904, P. M. G. O., 48328.

909. A retired officer whose salary is less than $2,500, who is serving as a contract surgeon, may be paid both salaries.-Comp., Mar. 20, 1903, P. M. G. O., 35940. (Case Major Swift.)

A retired officer whose salary is less than $2,500 may hold an office the compensation of which consists of fees, even should they amount to more than $2,500.-11 Comp., 236, Nov. 28, 1904. (Case Major Sladen.)

"An assistant general treasurer and inspector-general of a National Home for Disabled Volunteer Soldiers is not an officer of the United States within the meaning of the act of July 31, 1894," and a retired officer receiving compensation of $2,500 per annum is not debarred from holding that office.-8 Comp., 443, Jan. 11, 1902. (Case Major Harris.)

910. "A retired officer will be paid in the department in which he resides unless he shall, for special reasons, desire to be paid elsewhere, when he will obtain the authority of the Paymaster-General for such payments."-A. R., 1276, 1908.

ACTIVE DUTY.

911. “In time of war retired officers may, in the discretion of the President, be employed on active duty, other than in command of troops."-Act Mar. 2, 1899, 30 Stat., 979; G. O., 36, 1899.

The Secretary of War may assign retired officers, with their consent, to active duty in recruiting, for service with the militia upon the request of the governor, as military attachés, upon courts-martial, courts of inquiry, and boards, and to staff duties not involving service with troops; and such officers while so assigned shall receive the full a pay and allowances of their respective grades.—Act Apr. 23, 1904, 33 Stat., 264; G. O., 76, 1904.

912. If the Secretary of War decides that a retired officer detailed to inspect militia as provided in section 14, act January 21, 1903 (32 Stat., 777), is assigned "to staff duties not involving service with troops;" and if he specially assigns any such officer to such duty, said officer is entitled to active duty pay.-14 Comp., 628, Mar. 27, 1908, P. M. G. O., 66690.

913. There is no law or regulation prohibiting a retired officer who has been detailed for active duty with the militia from accepting additional compensation from the State.-J. A. G., Aug. 11, 1905.

But the status of a retired officer on active duty who is holding a State commission and serving with the militia at an encampment is analogous to that of an officer on the active list, and as such he can not receive compensation from the funds allotted to the State by the United States under the act of January 21, 1903.-P. M. G., Oct. 8, 1904, 47090.

914. The President may detail as adjutant-general of the District of Columbia militia any retired officer who may be nominated by the brigadier-general of said militia.-Act June 6, 1900, 31 Stat., 671; G. O., 86, 1900.

NOTE.-For pay of said officer, see paragraph 911, Manual.

915. Retired officers detailed to active duty are entitled to the increased pay from the date of receipt of the order. See paragraph 919, Manual.

But if the detail is effective at a future date active pay begins with the date on which the officer starts to obey the order.-P. M. G., Mar. 15, 1905, 49597.

Active pay ceases on date of actual relief from detail. The travel home is performed after termination of active duty.-P. M. G., July 5, 1907, 62591. See also Cir. 46, W. D., 1905.

916. A retired officer granted a leave of absence while on active duty "is in the leave status of an officer on the active list."-11 Comp., 376, Jan. 25, 1905. (Case Navy Department.)

917. Not to exceed one hundred officers of the Army may be detailed as president, superintendent, or professors of colleges for periods not exceeding four years; and retired officers may, on their own application, be detailed to such duty, and "when so detailed, shall receive the full pay and allowances of their rank, except that the limitations on the pay of officers of the Army above the grade of major as provided in the acts of March second, nineteen hundred and five, and June twelfth, nineteen hundred and six, shall remain in force.”—Act Mar. 3, 1909, 35 Stat., 738, amending Act Nov. 3, 1893, 28 Stat., 7, and R. S. 1225; G. O., 49, 1909.

NOTE.-For instructions regarding details to colleges, see General Orders, War Department. 918. The provisions of the act of March 3, 1909 (35 Stat., 738), continue in force only the limitations as to pay contained in the acts approved March 2, 1905, and June 12,

a But "retired officers above the grade of major assigned to active duty shall receive their full retired pay, and shall receive no further pay or allowances from the United States," except mileage under paragraph 923, Manual (act Mar. 2, 1905, 33 Stat., 831; G. O., 40, 1905); provided," that a colonel or lieutenantcolonel assigned to active duty shall receive the same pay and allowances as a retired major would receive under a like assignment."-Act June 12, 1906, 34 Stat., 245; G. O., 115, 1906.

1906. The restriction does not apply to allowances and a colonel or iieutenant-colonel when detailed on duty at an educational institution, under the provisions of the act of November 3, 1893, as amended by the act of March 3, 1909, is entitled to the full allowances of his rank.-16 Comp., 192, Sept. 30, 1909.

919. A retired officer detailed to duty at an educational institution under the act of November 3, 1893, to relieve another officer on duty thereat, is entitled to full pay and allowances, as indicated in paragraphs 917 and 918, from and including the day after the day upon which he reported and relieved his predecessor, and the retired officer relieved from such duty is entitled to the full pay and allowances authorized by law to include the date his relief actually became effective.—Comp., May 19, 1910, P. M. G. O., 82933.

But if detailed to duty at an educational institution where there is no officer on duty, and the order does not specify a date upon which the detail is to take effect, the authorized full pay accrues from and including the date the notice of the detail was received.— 8 Comp., 50, July 25, 1901; Cir. 29, A. G. O., 1901.

920. In addition to the 100 officers provided for in the act of November 3, 1893, retired officers and noncommissioned officers who are willing to accept a detail without compensation from the Government other than their retired pay, may be detailed as instructors in military drill and tactics at schools where the services of such instructors shall have been applied for by the educational authorities thereof, providing the school will pay the cost of commutation of quarters and the extra-duty pay to which they may .be entitled by law for the performance of special duty.—Act Apr. 21, 1904, 33 Stat., 225, amending R. S., 1225; G. O., 76, 1904.

921. “A retired officer may, on his own application, be detailed to serve as professor in any college, but while so serving such officer shall be allowed no additional compensation."-R. S., 1260.

Upon the application of a college the President may detail a retired officer to act as president, superintendent, or professor, "and such officer may receive from the institution to which he may be detailed the difference between his retired and full pay and shall not receive any additional pay or allowances from the United States.”—Act May 4, 1880, 21 Stat., 113; G. O., 38, 1880.

The act of November 3, 1893, shall not be construed to allow the full pay of their rank to retired officers detailed under section 1260, Revised Statutes, and the act of May 4, 1880.-Act Aug. 6, 1894, 28 Stat., 235; G. O., 32, 1894.

922. The officers of the Soldiers' Home (governor, deputy governor, and secretary, who shall act as treasurer) shall be taken from the Army.-R. S., 4816.

Retired officers may be assigned to duty at the Soldiers' Home, provided they receive from the Government only the pay and emoluments allowed by law to retired officers.— R. S., 1259.

But they may receive supplies from the Home, and the treasurer may receive a salary from the funds of the Home.-XX Opin. Att: Gen., 350.

MILEAGE.

923. Hereafter "retired officers, when traveling under competent orders without troops, shall be" entitled to the same mileage as are active officers.-Act June 12, 1906, 34 Stat., 246; G. O., 115, 1906.

924. Officers may select their place of residence when retired.-Sup. Ct., G. O., 44,

1877.

A retired officer relieved from a detail of active duty and ordered to his home may select his home, as in the case of retirement, and the fact that he did not notify the War Department of the abandonment of his prior home does not affect his right to mileage.-13 Comp., 793, May 14, 1907. (Case Maj. Vogdes.)

925. To entitle an officer to mileage to his home on retirement the travel must be directed in orders and performed within a reasonable time.-4 Comp., 175, Oct. 12, 1897. (Case Major Wheeler.)

The order for travel is usually given at time of retirement, but there is no law or regulation which makes this a prerequisite to the payment of mileage.—Comp., June 18, 1908. (Navy Department case, Memoranda circular, No. 88, Bureau Supplies and Accounts.)

926. If on account of illness, an officer is unable to make the journey within a reasonable time, claim should be presented to the Auditor with evidence and argument for his consideration.—Comp., Oct. 18, 1902, P. M. G. O., 33515.

927. A limit of one year from date of retirement is fixed during which the allowance of baggage, etc., may be transported at public expense to the homes of retired officers.-Cir. 63, W. D., 1905.

"Having failed to perform the journey within one year after retirement, he is not considered to have performed the journey within a reasonable time and is therefore not entitled to mileage.”—Auditor, July 10, 1906, affirmed by Comptroller, 13 Comp., 112, Aug. 15, 1906. (Case Gen. Girard.)

WHOLLY RETIRED.

928. "Officers wholly retired from the service shall be entitled to receive, upon their retirement, one year's pay * * of the highest rank held by them, whether

*

by staff or regimental commission, at the time of their retirement.". -R. S., 1275. Neither commutation of quarters nor foreign service increase is included in the year's pay allowed by law.-7 Comp., 598, Apr. 3, 1901; 8 Comp., 737, Apr. 21, 1902. NOTE.-Certificates of nonindebtedness are required from officers wholly retired.-See A. R., 1281, 1908. 929. An officer wholly retired is entitled to active pay to include date of receipt of order.-Auditor, Oct. 2, 1903, P. M. G. O., 28430.

930. An officer wholly retired is not entitled to travel pay.-P. M. G., Dec. 17, 1886, 553 B, 1886.

931. The one year's pay due an officer wholly retired, who dies before payment is made, becomes an asset of his estate and is payable by the Auditor to his legal representative.—7 Comp., 404, Feb. 7, 1901. (Case Surgeon Munday.)

STOPPAGES, ENLISTED MEN.

932. "Stoppage of pay against a soldier is unauthorized, unless it is made in execution of the sentence of a court-martial, or in pursuance of a statute, or in conformity to the regulations of the Army, which have the force of law."-16 Op. Att. Gen., 477; 13 Comp., 411, Dec. 19, 1906.

933. The proper authorities have the undoubted right to stop from the pay earned by a soldier in a new enlistment such sums as may be necessary to reimburse the United States for his indebtedness in a prior enlistment.-See par. 2376, Digest opinions, J. A. G., ed. 1901.

934. "Both deposits and interest will be forfeited by desertion, but forfeiture of them can not be imposed by sentence of a court-martial. They are exempt from liability to meet a sentence of a court-martial imposing forfeiture of pay or allowances, and from liability for the soldier's private debts. Deposits and interest are not exempt from liability for debts due to the United States or to individuals, within the meaning of paragraph 1390” (Army Regulations).—Par. 1387, A. R., 1908, as amended by G. O., 152, W. D., 1910. Comp., Mar. 2, 1910 (United States Navy case), and June 15, 1910 (case Private Schaunbach, 5th F. A.); also Comp. Aug. 2, 1910, U. S. Navy case; Cir. 52, W. D., 1910.