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Corps, and/or Coast Guard, be advanced in rank on the retired list to the highest grade held by them during the World War: Provided, That any such officer on the active or retired list who died or may die prior to the approval of this Act, or on the active list who may hereafter die before retirement, shall be advanced in rank to said higher grade as of the date of death : Provided further, That no increase of active or retired pay or allowances shall result from the provisions of this section. Sec. 1, act of June 21, 1930 (46 stat. 793); act of June 15, 1935 (49 Stat. 377); 10 U. 8. C. 1028a ; 34 U. 8. C. 399c.

By act of January 16, 1936 (49 Stat. 1092), officers of the Navy and Marine Corps heretofore or hereafter retired, who have been commended for performance of duty in actual combat with the enemy during the World War, are to be advanced to the next higher grade.

See act of July 30, 1937 (50 Stat. 550) as to officers of the Coast Guard retired for disability between April 6, 1917, and March 3, 1921.

333. This section, based on section 1, act of September 14, 1922 (42 Stat. 841); 10 U. S. C. 953, is omitted as executed.

334. For text of this section as published in the 1929 Edition, see 186, ante. 335. For text of this section as published in the 1929 Edition, see 327, ante. 836. For text of this section as published in the 1929 Edition, see 328, ante. 337. For text of this section as published in the 1929 Edition, see 1388, post. 338. Retirement of members of Army Nurse Corps for length of service or aģe. That when a member of the Army Nurse Corps or the Navy Nurse Corps shall have served thirty years, or shall have reached the age of fifty years, having served twenty years, she may, in the discretion of the Secretary of War or the Secretary of the Navy, respectively, be retired from active service and placed on a list, hereby created in each of the aforementioned services and designated the "Nurse Corps Retired List," in the grade to which she belonged at the time of her retirement. Sec. 1, act of May 13, 1926 (44 Stat. 531); 10 U. S. C. 1029; 34 U. S. C. 438.

That for the purpose of computing eligibility for retirement and retired pay, there shall be credited active service in the Army Nurse Corps and in the Navy Nurse Corps, active service as contract nurse prior to February 2, 1901, and service as a reserve nurse on active duty since February 2, 1901. Sec. 3, act of May 13, 1926 (44 Stat. 532); 10 U. 8. C. 1031; 34 U. S. C. 140.

That retired nurses shall be authorized to bear the title and may, under such regulations as may be prescribed by the Secretary of War or the Secretary of the Navy, wear the uniform of the grade held at the time of retirement, and in time of war or national emergency may be employed on active duty, in the discretion of the Secretary of War or the Secretary of the Navy, and when so employed shall receive the full active pay and allowances of their respective grades. Sec. 4, act of May 13, 1926 (44 Stat. 532); 10 U. 8. C. 1032; 34 U. 8. C. 440a.

338a. Retirement of members of the Army Nurse Corps for disability.-That pursuant to regulations to be prescribed by the Secretary of War or the Secretary of the Navy, as the case may be, when a member of the Army Nurse Corps or of the Navy Nurse Corps shall be found by a board of medical officers to have become disabled in line of duty from performing the duties of a nurse, and such findings are approved by the head of the department concerned, she shall be retired from active service and placed upon the Nurse Corps retired list of the appropriate department in the grade to which she belonged at the time of her retirement and with retired pay at the rate of 75 per centum of the active service pay received by her at the time of her transfer to the retired list. Act of June 20, 1930 (46 Stat. 790); 10 U. S. C. 937; 34 U. 8. C. 436.

(See J. A. G. 010.3, July 10, 1931, pages 63, 151.)

136307-404-11

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Notes of Decisions A reserve nurse in active service in the of the act for disability incurred in the line Army Nurse Corps is a "member of the Army of duty, is entitled to the retired pay therein Nurse Corps" within the meaning of this sec- provided for. Thorsen u. U. S. (1934), 79 tion and when retired under the provisions Ct, Cl. 282. 339. Retirement of warrant officers.

Warrant officers other than those of the Army Mine Planter Service

shall be entitled to retirement under the same conditions as commissioned officers;

* Sec. ha, added to the act of June 3, 1916, by sec. 4, act of June 4, 1920 (41 Stat. 761); 10 U. 8. C. 594.

340. Retirement of warrant officers after World War service.-That all warrant officers and enlisted men who served in the Army, Navy, Marine Corps, or Coast Guard of the United States during the World War or the Spanish-American War, and whose service during such war was creditable, and who have been or hereafter may be retired according to law, shall on the date of approval of this Act or upon retirement in the case of those now on the active list of the services named herein, be advanced in rank on the retired list to the highest commissioned, warrant, or enlisted grade held by them during such war: Provided, That nothing in this Act shall entitle any of the personnel described herein, while on active duty, to any other rank than that in which they were serving at the time of retirement: And provided further, That no increase in active or retired pay or allow. ances shall result from the passage of this Act. Act of May 7, 1932 (47 Stat. 150); 10 U. 8. C. 1028c; 34 U. S. C. 399e.

341. Retirement of warrant officers, Army Mine Planter Service. And provided further, That warrant officers * * shall be retired * now provided by law for officers of the Army

And provided further, That in computing length of service for retirement

for warrant off* authorized by this chapter, service on boats in the service of the Quartermaster Department of the Quartermaster Corps prior to the passage of this Act shall be counted ;

Ch. IX, act of July 9, 1918 (10 Stat. 882); 10 U.S. C. 276.

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342. For 1929 text of this section, see 14, ante.

343. Retirement of enlisted men for length of service.--That when an enlisted man has served as such thirty years in the United States Army or Marine Corps, either as private or noncommissioned officer, or both, he shall, by application to the President, be placed on the retired list hereby created, with the rank held by him at the date of retirement.

Act of Feb. 1), 1885 (23 Stat, 305); act of Sept. 30, 1890 (26 Stat. 50.4); 10 U. S. C. 917a.

That when an enlisted man shall have served thirty years either in the Army, Navy, or Marine Corps, or in all, he shall, upon making application to the President, be placed upon the retired list, * * Sec. 1, act of Mar. 2, 1907 (34 Stat. 1217); 10 U. S. C. 947; 3h U. 8. C. 431.

For pay and allowances of retired enlisted men, see 1396, post.

Notes of Decisions

Applicability to Philippine Scouts.-Sec. placed upon the retired list. The duty of 36, act of February 2, 1901 (31 Stat. 748), disbursing officer to pay voucher for retired plainly establishes the status of an enlisted pay in such case may be compelled by manman of the Philippine Scouts as an enlisted damus. Miguel v, McCarl (1934), 291 U. S. man in the Army, and this section just as 412, reversing (App. D. C., 1933), 66 F. (20) plainly directs that such an enlisted man, 564. having served thirty years as such, shall be Rank, pay, and allowances. - Where a

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sergeant with thirty years' service as angeant, and then again applied for and was enlisted man applied for retirement, and was granted retirement under said act, he was retired, but prior to his retirement was pro entitled to the pay and allowances of a masmoted to first sergeant and within a few ter sergeant, retired, from the date of the days thereafter retired as such, he was en- order granting retirement as of a lower rank, titled to the retired pay of first sergeant under his original application for retirement. notwithstanding the captain appointing him Blackett v. U. S. (1935), 81 Ct. Cl. 884. failed to follow certain instructions in a The provisions of the act of March 2, 1907, circular of administrative routine. La Forge for retirement, upon application, of enlisted 0. U. S. (1933), 77 Ct. Cl. 179.

men in the Army, Navy, and Marine Corps Where a master sergeant in the Army with after 30 years' service are mandatory; and 30 years' service as an enlisted man applied where the plaintiff, after 30 years' enlisted for retirement under the act of March 2, service, and shortly after due and legal pro1907, providing for retirement of enlisted motion from band sergeant to band leader, men after such service with 75 percent of the uad his application for retirement as band pay and allowances then being received, he leader disallowed, his promotion to that was entitled under the statute to such re- grade revoked, and retirement granted him as tirement; and where, instead of being so of his former grade of band sergeant, he is, retired, he was reduced to and granted retire nevertheless, entitled to the retired pay and ment in a lower rank or grade, in conse- allowances of band leader, in which grade he quence of which he withdrew such applica- was serving and receiving pay at the time of tion, continued on in active service until he his application for retirement. Standerson v. had again attained the grade of master ser- u. 8. (1936), 83 Ct. Cl. 633.

344. Retirement of enlisted men; service counted double.-* Provided, That hereafter in computing length of service for retirement, credit shall be given the soldier for double the time of his actual service in Puerto Rico, Cuba, or in the Philippine Islands. Act of May 26, 1900 (31 Stat. 209); 10 U. S. O. 956.

Hereafter, in computing the length of service for retirement, credit shall be given soldiers for double the time of their actual service in China, the same as is now given in Puerto Rico, Cuba, and the Philippine Islands. Act of Mar. 2, 1903 (32 Stat. 933); 10 U. 8. C. 956.

* Provided, That hereafter, in computing the length of service for retirement, credit shall be given soldiers for double the time of their actual service in China, Cuba, the Philippine Islands, the Island of Guam, Alaska, and Panama; but double credit shall not be given for service hereafter rendered in Puerto Rico or the Territory of Hawaii. Act of Apr. 23, 1904 (33 Stat, 264); 10 U.S. C. 956.

That in computing length of service for retirement credit for double time for foreign service shall not be given to those who hereafter enlist: And provided further, That nothing in this provision shall be so construed as to forfeit credit for double time already accrued. Sec. 1, act of Aug. 24, 1912 (37 Stat. 575); 10 U. 8. C. 956. 345. For text of this section as published in the 1929 Edition, see 186, ante. 346. Retirement of enlisted men; commissioned service in Philippine Scouts.-

Provided, That all enlisted men of the Regular Army who have been appointed commissioned officers of Philippine Scouts subsequent to March second, nineteen hundred and three, or who may hereafter be so appointed, and who, upon their muster out have returned or may return to the ranks of the Regular Army, shall have such period of service

count in computing the time necessary to enable them to retire as enlisted men. Act of June 12, 1906 (34 Stat. 248); 10 U. 8. C. 954.

The War Department has recommended the express repeal of this section as serving no useful purpose not covered by 343, ante, and 348, post (J. A. G. 010.3, October 20, 1930, page 77). 347. Retirement of enlisted men; commissioned service in Volunteer Army.

Provided, That all enlisted men of the Regular Army who served as commissioned officers of United States Volunteers organized in eighteen hundred and ninety-eight and eighteen hundred and ninety-nine, or who have served or may be now serving as such in the Puerto Rico Provisional Regiment, or in the Philippine Scouts, who, upon their muster out have returned or may return to the ranks of the Regular Army, shall have such period of service * count in computing the time necessary to enable them to retire as enlisted men. Act of Mar. 2, 1903 (32 Stat. 934).

The War Department has recommended the express repeal of this section as serving no useful purpose not covered by 343, ante, and 348, post (J. A. G. 010.3, October 20, 1930, page 77). 348. Retirement of enlisted men; commissioned service during World War.in computing service for retirement

he shall be credited with all time served with the forces of the United States,

Act of Mar. 30, 1918 (40 Stat, 501); 10 U. S. O. 955.

348a. Retirement of enlisted men after World War service.-That all warrant officers and enlisted men who served in the Army, Navy, Marine Corps, or Coast Guard of the United States during the World War or the SpanishAmerican War, and whose service during such war was creditable, and who have been or hereafter may be retired according to law, shall on the date of approval of this Act or upon retirement in the case of those now on the active list of the services named herein, be advanced in rank on the retired list to the highest commissioned, warrant, or enlisted grade held by them during such war: Provided, That nothing in this Act shall entitle any of the personnel described herein, while on active duty, to any other rank than that in which they were serving at the time of retirement: And provided further, That no increase in active or retired pay or allowances shall result from the passage of this Act. Act of May 7, 1932 (47 Stat. 150); 10 U. 8. C. 10280; 34 U. 8. C. 399e.

349. Taxation in the District of Columbia.-Any person maintaining a place of abode in the District of Columbia on the 1st day of July of a taxable year, and for the three months prior thereto, shall be considered as a resident for the purpose of assessment on intangible property wherever located, unless evidence shall be submitted to the assessor of the District of Columbia, satisfactory to him that such intangible personal property or the income thereof is taxed to said person in some other jurisdiction, or that the assets of a corporation or association represented by shares or certificates constituting such intangible personal property, are taxed by the State in which such corporation or association is chartered or organized and in which such person has a legal residence, in lieu of a tax upon such shares or certificates: Provided, That Cabinet officers and persons in the service of the United States Government elected for a definite term of office shall not be considered as residents of the District of Columbia for the purposes of this section. Sec. 2, act of July 3, 1926 (44 Stat. 833); sec. 4, act of Feb. 18, 1929 (45 Stat. 1227).

Nothing contained in this title shall apply to any relief association, not conducted for profit, composed solely of officers and enlisted men of the United States Army or Navy, or solely of employees of any other branch of the United States Government service, or solely of employees of the District of Columbia government, or solely of employees of any individual, company, firm, or corporation, or to any fraternal organization which issues contracts of insurance exclusively to its own members. Title II, sec. 8, act of Aug. 17, 1937 (50 Stat. 676).

The title referred to imposes taxes on insurance companies operating in the District of Columbia.

Section 2, Title IV, of the same act (50 Stat. 680) provides for issue without charge of identification tags for all motor vehicles owned by the United States.

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Under Treasury Decision approved January 18, 1937, the value of quarters furnished to the commissioned officers, chief warrant officers, warrant officers, and enlisted personnel of the Army, Navy, Coast Guard, Coast and Geodetic Survey, and Public Health Service, or amounts received by them as commutation of quarters, are to be excluded from gross income in the computation of Federal income tax (2 F. R. 157).

350. Tour of duty, outside continental limits of the United States.—No officer or enlisted man of the Army shall, except upon his own request, be required to serve in a single tour of duty for more than two years in the Philippine Islands, on the Asiatic Station, or in China, Hawaii, Puerto Rico, or the Panama Canal Zone, except in case of insurrection or of actual or threatened hostilities, and except in the discretion of the Secretary of War for temporary emergencies: Provided, That the foregoing provision shall not apply to the organization known as the "Philippine Scouts." Sec. 1, act of Mar. 4, 1915 (38 Stat. 1078); sec. 2, act of May 29, 1934 (48 Stat. 816); 10 U.S. C. 17.

This section has been amended to read as above. (See J. A. G. 010.3, October 20, 1930, pages 12, 48, 59.)

By 135, ante, existing laws, in so far as they restrict the detail or assignment of officers, are repealed.

351. Transfer of officers.—Upon his own application any officer may be transferred to another branch without loss of rank or change of place on the promotion list. Sec. 24d, added to the act of June 3, 1916, by sec. 24, act of June 4, 1920 (41 Stat. 774); 10 U. 8. C. 493.

Provided further, That no officer shall be transferred from one branch of the service to another under the provisions of this section without his own consent * *. Sec. 4c, added to the act of June 3, 1916, by sec. 4, act of June 4, 1920 (41 Stat. 762); 10 U. S. 0. 8.

Sec. 4c of the National Defense Act provides for the assignment of officers and enlisted men to the several branches of the Army. See 134, ante.

During the fiscal years 1933 to 1935, inclusive, the President was authorized by section 315, act of June 30, 1932 (47 Stat. 411), and continuing acts, to restrict transfers between posts or station to the greatest extent consistent witth the public interest.

352. Transfer of enlisted men to Navy.-Any person enlisted in the military service of the United States may, on application to the Navy Department, approved by the President, be transferred to the Navy or Marine Corps, to serve therein the residue of his term of enlistment, subject to the laws and regulations for the government of the Navy. But such transfer shall not release him from any indebtedness to the Government, nor, without the consent of the President, from any penalty incurred for a breach of military law. R. 8. 1421; 34 U.S. C. 177.

353. Witnesses before committees of Congress. Every person who having been summoned as a witness by the authority of either House of Congress to give testimony or to produce papers upon any matter under inquiry before either House, or any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or any committee of either House of Congress, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the question under inquiry, shall be deemed guilty of a misdemeanor, punishable by a fine of not more than $1,000 nor less than $100 and imprisonment in a common jail for not less than one month nor more than twelve months. R. 8. 102; act of June 22, 1938 (52 Stat. 942); 2 U. 8. C. 192.

No witness is privileged to refuse to testify to any fact, or to produce any paper, respecting which he shall be examined by either House of Congress, or by any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or by any committee of either House, upon the ground that

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