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384. The provision contained in the act of June 28, 1906 (34 Stat., 521; G. O., 126, 1906), "that the Secretary of War may detail an officer of the Medical Corps to the Military Academy as professor of military hygiene," carries with it no increase of pay unless an appropriation is made for the purpose.-Comp., Oct. 11, 1906, P. M. G. O., 57497. (Case Major Gandy.)

385. "The instructor of ordnance and science of gunnery and of practical engineering shall have the pay and allowances of major."-R. S., 1336.

386. "The Secretary of War shall assign an officer as associate professor of modern languages, who, while so serving, shall receive the pay and allowances of a major."Act Mar. 3, 1903, 32 Stat., 1012.

"The associate professor of mathematics shall have the pay and allowances of a major.”—Act Mar. 3, 1905, 33 Stat., 850; G. O., 50, 1905.

387. "Each assistant professor and each senior assistant instructor of cavalry, artillery, and infantry tactics shall receive the pay of a captain.”—R. S., 1337.

388. The chaplain at the Military Academy shall be a clergyman appointed by the President for terms of four years, and while so serving shall have the pay and allowances of a captain mounted.-Act Feb. 18, 1896, 29 Stat., 8; G. O., 15, 1896.

NOTE. He is entitled to the ten per cent increase for length of service.

389. "The master of the sword shall have the relative rank and shall be entitled to the pay, allowances, and emoluments of a captain mounted."-Act Mar. 3, 1905, 33 Stat., 850; G. O., 50, 1905.

The master of the sword, not being a commissioned officer, is not entitled to commutation of quarters.-Comp., Apr. 22, 1907, P. M. G. O., 60398.

390. "The teacher of music shall receive the pay of a second lieutenant not mounted and shall be entitled to the same benefits in respect to pay, emoluments, and retirement arising from longevity, reenlistment, and length of service as are or may hereafter become applicable to other officers of the Army."-Act Mar. 3, 1905, 33 Stat., 853; G. O., 50, 1905.

391. "For pay of treasurer and quartermaster and commissary of cadets, in addition to pay as captain, $600.”—Act May 28, 1908, 35 Stat., 431; G. O., 100, 1908.

392. "For pay of one line officer on duty in the Quartermaster's Department in addition to pay as first lieutenant mounted, four hundred dollars.”—Act June 6, 1900, 31, Stat., 646.

393. "Leave of absence may be granted by the Superintendent" of the Military Academy, "under regulations prescribed by the Secretary of War, to the professors, assistant professors, instructors, and other officers of the academy for the entire period of the suspension of the ordinary academic studies, without deduction from pay or allowances."-R. S., 1330. See A. R., 1297, 1908.

The above does not apply to the Superintendent of the Academy, who is subject to the provisions of Revised Statutes 1265.—Cir. 10, A. G. O., 1890.

394. Enlisted men entitled to "extra pay" from the Military Academy appropriations, where the amount appropriated covers employment for 365 days in a year, are entitled to the extra pay for Sundays, holidays, or authorized absence from duty. Where the amount appropriated is for a year less Sundays, or for payment "When employed," the extra pay can only be paid for each day of actual duty.—Auditor, Apr. 27, 1907, P. M. G. O., 61443.

CADETS.

395. "Payment on pay rolls and final accounts will be made to the cadets at the Military Academy by a paymaster, who will turn over the net amount of the rolls and accounts to the treasurer of the academy."—A. R., 1332, 1908.

"The pay of cadets at the Military Academy shall hereafter be $600 a year.”—Act May 11, 1908, 35 Stat., 108; G. O., 80, 1908.

396. A cadet, after passing the required entrance examination, is entitled to pay from date of entering upon duty as cadet, which is regarded as equivalent to acceptance, provided that prior to his first payment he has taken the oath of office.- Vol. 3, Digest 2d Comp., 884, Sept. 3, 1891.

397. A cadet discharged and, after an interval, reappointed to take effect at the date of discharge, is only entitled to pay from date of reappointment, and after retaking the oath.-Comp., May 5, 1900, Cir. 234, P. M. G. O.

398. A cadet suspended and off duty is not entitled to pay during suspension.— Vol. 4, Digest 2d Comp., 208, 229, Jan. 8, 1894.

399. Cadets upon being discharged from the service are not entitled to mileage, but to actual expenses to their homes, payable by the quartermaster of the academy.— Vol. 2, Digest 2d Comp., 1173, Feb. 25, 1876. See A. R., 1333, 1908.

400. Cadets are not entitled to mileage for travel performed on duty under competent orders.-Op. Judge-Advocate-General, Apr. 12, 1909; P. M. G. O., 74901.

401. "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. A graduate who is ordered on temporary duty at the Military Academy while on graduation leave will revert to leave status on completion of the duty and will be permitted to complete a period of three months on graduation leave exclusive of the time spent on such duty.”—A. R., 53, 1908.

402. Every cadet who may hereafter be commissioned a second lieutenant shall be allowed full pay as second lieutenant from the date of his graduation to the date of his acceptance of and qualification under his commission and during his graduation leave.-Act Dec. 20, 1886, 24 Stat., 351; G. O., 5, 1887.

But "appointment to a lieutenancy being tendered a cadet, acceptance is necessary to constitute him an officer and it is necessary for him to take an oath of office before he becomes entitled to pay as an officer." (Vol. 3, Digest 2d Comp., 858, Oct 24, 1885.) Therefore a graduated cadet who is discharged before accepting his commission is only entitled to the pay of a cadet to date of discharge.-See P. M. G. O., 51559. See A. R., 1334, 1908.

MILITIA.

403. "Whenever any officer or enlisted man of the organized militia shall upon the recommendation of the governor of any State, Territory, or the commanding general of the District of Columbia militia, and when authorized by the President, attend and pursue a regular course of study at any military school or college of the United States, such officer or enlisted man shall receive from the annual appropriation for the support of the Army, the same travel allowances and quarters or commutation of quarters to which an officer or enlisted man of the Regular Army would be entitled for attending such school or college under orders from proper military authority; such officer shall also receive commutation and subsistence at the rate of one dollar per day and each enlisted man such subsistence as is furnished to an enlisted man of the Regular Army while in actual attendance upon a course of instruction. "Sec. 16, Act Jan. 21, 1903, amended by act May 27, 1908, 35 Stat., 402; G. O., 99, 1908. 404. Upon reporting at the school the militia student officer may be paid his mileage as would an officer of the Regular Army.-J. A. G., Dec. 6, 1905, P. M. G. O.; 53771.

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The commutation of subsistence is payable by the Pay Department from appropriation "Pay of the Army."-Sec. War, Nov. 10, 1904, P. M. G. O., 47714. Quarters in kind can not be furnished militia officers.-G. O., 124, 1905. The promotion of a militia student officer takes effect on the date of his acceptance of the commission in the higher grade, within the meaning of determining the rate of his commutation of quarters.-Secretary of War, Jan. 19, 1910, P. M. G. O., 80420.

405. "A militia officer attending school is not entitled to the allowances for which the statute makes provision while he is absent on account of either ordinary or sick leave."-14 Comp., 641, Mar. 30, 1908.

"The attendance will be certified to by the commanding officer. If the officer attends all sessions of the school during each month certificate will cover the entire month. The inclusive dates of all absences will be stated in certificate. The certificates will be filed with accounts for commutation of quarters and subsistence. The first account will also be accompanied by a copy of the authority under which the officer reported at the school."-Cir., 29, W. D., 1908.

See paragraph 226, Regulations of the War Department Governing the Organized Militia, amended by G. O., 75, W. D., 1908.

406. Under the decision of the Comptroller of January 9, 1905 (paragraph 420, Manual), if attending military schools under section 16, a captain and assistant surgeon is entitled to the commutation of quarters of a captain.-P. M. G.

407. A militia student officer authorized by department commander to take a reexamination after close of regular school term is entitled to commutation of quarters and subsistence during the period required for such reexamination. Copy of the authority should be filed with the voucher.-P. M. G., Apr. 24, 1906, 55901.

408. "A militia officer having successfully completed the prescribed course for a term shall be ordered to his home, and his commutation of quarters and allowance for subsistence shall cease until the beginning of the next term, when he will again be ordered to the same post and will thus continue until the entire course is completed."-G. O., 124, 1905.

ENCAMPMENTS.

409. That the Secretary of War is authorized to provide for participation by any part of the organized militia of any State, Territory, or the District of Columbia, on the request of the governor of a State or Territory, or the commanding general of the militia of the District of Columbia, in the encampments, maneuvers, and field instruction of any part of the Regular Army, at or near any military post or camp or lake or sea-coast defenses of the United States. In such case the organized militia so participating shall receive the same pay, subsistence, and transportation as is provided by law for the officers and men of the Regular Army, and no part of the sums appropriated for the support of the Regular Army shall be used to pay any part of the expenses of the organized militia of any State or Territory or the District of Columbia, while engaged in joint encampments, maneuvers, and field instruction of the Regular Army and militia.-Extract of sec. 15, act Jan. 21, 1903, amended by act Apr. 21, 1910; G. O., 78, W. D., 1910.

NOTE. When participating as above, the militia is paid by army paymasters on rolls furnished by the Pay Department, Form 32.

410. When participating in maneuvers under section 15, the militia "may, after being duly mustered by an officer of the Regular Army, be paid at any time after such muster for the period from the date of leaving the home rendezvous to date of return thereto as determined in advance, both dates inclusive, and such payment, if otherwise correct, shall pass to the credit of the paymaster making the same."-Act June 12, 1906, 34 Stat., 249; G. O., 115, 1906.

411. A member of the organized militia participating in the joint maneuvers with the Regular Army, upon the invitation of the Secretary of War, who was not duly mustered by an officer of the Regular Army, as required by the act of June 12, 1906, is not entitled to pay for his services, notwithstanding that he was on duty under orders of proper state authorities.-15 Comp., 414, Jan. 12, 1909. (Case Captain Palmer, 7th New York.)

412. The organization of the militia "shall be the same as that which is now or may hereafter be prescribed for the Regular and Volunteer Armies of the United States

within seven years from the date of the approval of this act."-Sec. 3, act Jan. 21, 1903, amended by joint res. Jan. 16, 1908.

Until January 21, 1910, only such officers as are provided for in the militia laws of the State are entitled to pay when participating in an encampment.-P. M. G., July 2, 1906, 56448-13.

413. An officer of militia below the grade of major, required to be mounted during period of encampment, is entitled to additional pay under same regulations as are army officers.-15 Comp., 15, Aug. 13, 1908.

414. Members of militia "can not be considered as participating in encampment prior to date of leaving the home rendezvous, or subsequent to the date that is determined in advance as the date of return thereto," and men detained in field hospital at maneuver camp by sickness contracted in line of duty while attending encampment are not entitled to pay beyond said period.—Comp., May 25, 1907, P. M. G. O., 56448-173. (Case S. Dak. Militia.)

415. Officers and enlisted men of militia engaged in service under section 14 or 15, militia act, are entitled to be paid for the actual number of days (inclusive of the 31st) at the same rates of pay as officers and enlisted men of corresponding grades of the Regular Army.-10 Comp., 392, Oct. 30, 1903; 15 Comp., 122, Sept. 5, 1908.

416. Signatures on rolls in receipt for pay must be the genuine signatures of the soldiers. If officers or men were ordered to camp in advance of period of encampment or held there subsequent thereto, the authority in each instance must accompany the roll.-Comp., Oct. 14, 1903, P. M. G. O., 37274.

417. Members of the militia are entitled to pay only while on duty and not while on leave, during the period of encampment of the militia of which they are members.— Sec. War, Aug. 25, 1905, Cir. W. D., June 25, 1906.

418. Line officers of militia belonging to organizations not attending maneuvers may be assigned to duty to fill vacancies in lower grades in companies of militia of the State to which they belong and attending maneuvers and draw pay for such temporary rank.-10 Comp., 360, Oct, 19, 1903.

The above applies also to staff officers.-P. M. G., Aug. 10, 1906, 56448–72.

419. In computing the pay of officers and enlisted men of the organized militia any previous service by them in the regular or volunteer forces of the United States should not be taken into account.-10 Comp., 18, July 7, 1903.

Neither are they entitled to longevity pay for service in the militia.-J. A. G., Oct. 5, 1904, P. M. G. O., 46479.

420. An officer of the organized militia lawfully holding the rank and grade of captain and assistant surgeon is entitled to the pay of captain while participating in encampment with Regular Army.—11 Comp., 345, Jan. 9, 1905. (Case Dr. Martindale, Iowa National Guard.)

421. A militia officer does not "hold office" within the meaning of the act of July 31, 1894 (28 Stat., 205), and is entitled to pay during encampment, even though he holds a Government position with salary of more than $2,500 per annum.—Comp., Oct. 27, 1904, P. M. G. O., 47926. (Case Col. McClintock, postmaster, Phoenix, Ariz.) A retired officer commissioned as an officer of militia may, under above decision, receive his retired pay and the pay of his rank in the militia while participating in an encampment.-P. M. G., June 13, 1906, 47090.

422. There is no provision of law for payment of mileage to officers of the organized militia who participate in Regular Army encampments.-Comp., Sept. 30, 1903, P. M. G. O., 37274; also 11 Comp., 545, Mar. 21, 1905, and Comp., June 24, 1908.

NURSE CORPS.

423. The nurse corps (female) shall consist of one superintendent, at $1,800 per annum, and as many chief nurses, nurses, and reserve nurses as are needed, payment to be made by the Pay Department.

Reserve nurses may be assigned to active duty when the emergency of the service demands, but shall receive no compensation except when on such duty.-Act Feb. 2, 1901, 31 Stat., 753; G. O., 9, 1901.

424. Members of the Nurse Corps (female) shall hereafter be paid $50 per month for the first period of three years' service; $55 per month for the second period of three years' service; $60 per month for the third period of three years' service, and $65 per month after nine years' service in said Nurse Corps. All female nurses shall hereafter be entitled, in addition to the rates of pay as provided, to $10 per month when serving beyond the limits of the States comprising the Union and the Territories of the United States contiguous thereto (excepting Porto Rico and Hawaii). When serving as chief nurses their pay may be increased by authority of the Secretary of War, such increase not to exceed $30 per month.-Act Mar. 23, 1910; G. O., 54, Apr. 6, 1910.

Service in the Army Nurse Corps prior to March 23, 1910, as well as subsequent thereto, is to be counted in determining the rate of pay an army nurse receives from and after March 23, 1910.—Comp., Apr. 28, 1910, P. M. G. O., 82272.—

NOTE.-There are no allowances payable by the Pay Department.

425. The pay of chief nurses at general hospitals, at base hospitals, and on hospital ships will be their pay as nurses plus $30 a month. The pay of other chief nurses will ordinarily be their pay as nurses plus $20 a month; but in cases where special skill and capability are required the Surgeon-General in his discretion may increase the additional amount to not more than $30 a month.

(a) The additional pay provided for chief nurses as above can be allowed to them only when they are actually serving as such. When on leave of absence or en route between stations they can draw only their pay as nurses.-G. O., 106, W. D., 1910.

The increased pay authorized by law for chief nurses is given them for their service as such in fact, and not because they are appointed as chief nurses. When not actually serving at hospitals at which there are other nurses of whom they presumably are at the head, they only get the pay provided for all nurses.-Comp., May 7, 1910, P. M. G. O., 82676. (Navy Department case.)

426. Nurses, including chief nurses, will be paid monthly on pay rolls prepared and certified by the commanding officer of the hospital or sanitary formation to which they are attached for duty. Blank forms for the purpose will be furnished by the Pay Department. The instructions thereon must be carefully observed.

(c) All payments to nurses must be noted on their letters of appointment.-G. O., 106, W. D., 1910.

NOTE.-The notation of payment will be made on the appointment by the surgeon under whom the nurse is serving at time of payment.

427. Members of the Nurse Corps may be granted leaves of absence for thirty days, with pay, for each calendar year.-Act Feb. 2, 1901, 31 Stat., 753; G. O., 9, 1901.

All female nurses shall hereafter be entitled to cumulative leave of absence with pay at the rate of thirty days for each calendar year of service in the Nurse Corps.-Act Mar. 23, 1910; G. O., 54, W. D., Apr. 6, 1910.

Nurses will not be granted extra leave of absence with pay because of illness.— Manual for the Medical Department; G. O., 141, W. D., 1907.

428. Reserve nurses will be allowed leave with pay at the rate of two and onehalf days for each calendar month of active duty and not exceeding thirty days during any calendar year.-Cir. 12, A. G. O., 1901.

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