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of service, $1,080; from the beginning of the seventh year of service notil the completion of the ninth year of service, $1,380; from the beginning of the tenth year of service, $1,560.

Superintendents of the Nurse Corps shall receive a money allowance at the rate of $2,500 a year, assistant superintendents, directors, and assistant directors at the rate of $1,500 a year, and chief nurses at the rate of $600 a year in addition to their pay as nurses.

Sec. 13, act of June 10, 1922 (42 Stat. 631); 37 U. 8. C. 22.

* * Reserve nurses, when upon active duty, will receive the same pay as puses who have served in the corps for periods corresponding to the full period of their active service; * Sec. 4, Ch. V, act of July 9, 1918 (40 Stat. 879); 10 U. S. C. 782.

For rental and subsistence allowances to which members of the Army Nurse Corps are entitled, see 1508, 1525, post. 1378. Base pay; contract surgeons.

Contract surgeons serving full time shall have the pay

authorized for officers serving in their second pay period. * * * Sec. 1, act of June 10, 1922 (42 Stat. 627); 37 U. 8. C. 5.

For credit for service as contract surgeon for pay purposes, see 1375, ante.

For rental and subsistence allowances to which contract surgeons are entitled, see 1509, 1526, post. 1379. Base pay and allowances; fying cadets.

The base pay of a flying cadet shall be $75 per month, including extra pay for flying risk as pro vided by law.

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Act of July 11, 1919 (41 Stat. 109); 10 U. S. C. 303. The ration allowance of a flying cadet shall not exceed $1 per day, and his other allowances shall be those of a private, first class, Air Service. Act of July 11, 1919 (41 Stat. 109); 10, U, 8. C. 304.

The pay of fying cadets was not affected by the pay readjustment act of June 10. 1922. See 1515, post.

1380. Base pay; enlisted men. That commencing July 1, 1922, the monthly base pay of enlisted men of the Army

shall be as follows: enlisted men of the first grade, $126;, enlisted men of the second grade, $84; enlisted men of the third grade, $72; enlisted men of the fourth grade, $54; enlisted men of the fifth grade, $42; enlisted men of the sixth grade, $30; enlisted men of the seventh grade, $21. . * Sec. 9, act of June 10, 1922 (42 Stat. 629); 37 U. S. C. 13.

The rates of pay of enlisted men were prescribed by R. S. 1280-1284, which sections, as well as numerous intermediate acts relating to particular grades of enlisted men, were either expressly repealed or superseded by the act of May 11, 1908 (35 Stat. 109), and the act of May 28, 1908 (35 Stat. 431), the latter act relating only to enlisted bandsmen and field musicians on duty at the Military Academy. Sec. 28 of the National Defense Act of June 3, 1916 (39 Stat. 186), prescribed the rate of pay for a large number of grades specifically mentioned therein, but this section was repealed by sec. 28, act of June 4. 1920 (41 Stat. 775), except as to a later added proviso relating to the pay of military telegraphers, which proviso was also repealed by the general repea) in sec. 18, pay readjustment act, 1438, post.

The principal acts relating to increased pay during the World War are sec. 10, act of May 18, 1917 (40 Stat. 82), act of July 9, 1918 (40 Stat. 851), and act of July 11, 1919 (41 Stat. 110).

For number of enlisted men in the several grades, see 255, ante.

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Notes of Decisions Pay when in confinement.--The plaintiff but, apparently through error, was sent to entered the United States military service Company A of that battalion, where with August 28, 1918. On November 9, 1918, he out knowledge on his part of his assignment was assigned to Company D of the Develop- to Company D, he remained until the batment Battalion at Camp McClellan, Alabama ; l talion, as a result of transfers and dis charges, was disbanded in April 1919. Being the periods from his enlistment on August absent from Company D, to which he had 28, 1918, to April 1, 1919, and from his been assigned, he was dropped from the rec-arrest on June 29, 1925, to his honorable ords as a deserter on December 30, 1918. discharge from the service on October 27, After the disbanding of the battalion and 1925, together with the additional pay of abandonment of the camp, be procured other $60 upon his honorable discharge from the employment until June 29, 1925, when the service; and (2) that the Soldiers' and War Department arrested him on a charge Sailors' Civil Relief Act of March 3, 1918, of desertion and held him until his acquittal was in force and suspended the running of of the charge, by general court-martial, and the statutory limitation against suit on plainhis subsequent honorable discharge from the tiff's claim until within the 6-year jurisdicmilitary service on October 27, 1925. Held, tional period prior to the filing of his petition. (1) that the plaintiff was entitled to the Bohannon v. U. S. (1936), 83 Ct. Cl. 423. statutory military pay and allowances for

1381. Base pay and allowances; enlisted men of Philippine Scouts.--The pay and allowances of whatever nature and kind to be authorized for the enlisted men of the Philippine Scouts shall be fixed by the Secretary of War and shall not exceed or be of other classes than those now or which may hereafter be authorized by law for enlisted men of the Regular Army: Provided, That payments of travel pay and of commutation of quarters, heat, and light heretofore made to enlisted men of the Philippine Scouts, if not in excess of those authorized at the time for enlisted men of the Regular Army, be, and the same are hereby, validated: And provided further, That any such payments of travel pay and commutation of quarters, heat, and light which have been collected back from enlisted men of the Philippine Scouts to whom originally paid shall be refunded to them. Sec. 36, act of Feb, 2, 1901 (31 Stat. 757); act of May 10 1926 (44 Stat. 496); 10 U. S. C. 334.

Nothing in the act of June 4, 1920 (41 Stat. 759), is to be construed to alter the status of enlisted men of the Philippine Scouts, ante, 103.

1382. Base pay and allowances; Indian scouts.-Indians, enlisted or employed by order of the President as scouts, shall receive the pay and allowances of Cavalry soldiers. R, 8. 1276; 10 U. 8. C. 786.

The pay of Indian scouts was not affected by the pay readjustment act of June 10, 1922. See 1515, post.

1383. Retired pay; officers.-Officers retired from active service shall receive seventy-five per centum of the pay of the rank upon which they are retired. R. S. 1274; 10 U. 8. C. 971.

For pay saved to a retired officer by the pay readjustment act, see 1515, post.

By act of May 15, 1935 (49 Stat. 247), the President is authorized to designate Colonel William L. Keller, Medical Corps, as Consultant in Surgery at the United States Army Medical Center (Walter Reed Hospital), upon his retirement from the active list. Colonel Keller is to receive the full active duty pay and allowances of the grade held by him at the time of his retirement.

For second and third paragraphs of this section as published in the 1929 Edition, see 1383a, post.

Notes of Decisions Effect of special relief act. The relief act | grade provided by law," is not to be restricted of March 4, 1929, granting to plaintiff "the by the application of laws governing reretired pay of chief pharmacist, equivalent tired pay and retired officers generally. to the maximum pay and allowance of that | Shacklette v. U. S. (1930), 71 Ct. Cl. 376.

1383a. Retired pay of officers; increase for active duty.-* * * Provided, That 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 of Mar. 2, 1903 (32 Stat. 932); 10 U.S. C. 686.

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Provided further, That hereafter any retired officer of the Army who has been detailed to active duty, and who has since his retirement served on active detail, shall be entitled to increases of longevity pay to be computed as provided by existing statute for the computation of longevity pay, for the time of his service before retirement and on active detail since his retirement. Act of May 12, 1917 (10 Stat. 48); 10 U. S. C. 974.

Hereafter any retired officer who has been or shall be detailed on active duty shall receive the rank, pay and allowances of the grade, not above that of colonel, that he would have attained in due course of promotion if he had remained on the active list for a period beyond the date of his retirement equal to the total amount of time during which he has been detailed to active duty since his retirement. Par. 9, sec. 127a, added to the act of June 3, 1916, by sec. 51, act of June 4, 1920 (41 Stat. 786); 10 U. 8. C. 1011. That on and after July 1, 1922, retired officers

shall have their retired pay, or equivalent pay computed as now authorized by law on the basis of pay provided in this Act, which pay shall include increases for all active duty performed since retirement in the computation of their longevity pay and pay periods.

Sec. 17, act of June 10, 1922 (42 Stat. 632); act of May 26, 1928 (45 Stat. 774); 37 U.S. C. 26. Duty performed by retired officers of the Regular Army

pursuant to War Department orders issued under section 40b or section 55c, respectively, of said National Defense Act of June 3, 1916, as amended by the Act of June 4, 1920, including in either case temporary duty for attendance on any course of preparatory instruction required by such order, shall be construed to be active duty for the purpose of increase of longevity pay of such retired officers within the meaning of the National Defense Act of June 3, 1916, as amended by the Act of June 4, 1920, and the Act of May 12, 1917, entitled "An Act making appropriations for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and eighteen, and for other purposes," and the Act of June 10, 1922, entitled "An Act to readjust the pay and allowances of the commissioned and enlisted personnel of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service." Sec. 2, act of Mar. 3, 1925 (43 Stat. 1099); 10 U. 8. C. 975.

Duty performed prior to July 1, 1922, by retired officers of the Regular Army

pursuant to War Department orders issued or purporting to have been issued under section 40b or section 55c, respectively, of said National Defense Act of June 3, 1916, as amended by the Act of June 4, 1920, including in either case, temporary duty for attendance on any course of preparatory instruction required by such order, shall be construed to be active duty for the purpose of promotion of such retired officers on the retired list, within the meaning of the aforesaid Act of June 3, 1916, as amended by the Act of June 4, 1920, and the aforesaid Act of June 10, 1922. Sec. 6, act of Mar. 3, 1925 (43 Stat, 1100); 10 U. S. C. 1013. That hereafter the retired pay of the officers

of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service, who were retired on or before June 30, 1922, shall not be less than that provided for the officers

of these services of equal rank and length of service retired subsequent to that date:

Sec. 1, act of May 8, 1926 (44 Stat. 417); 3.7 U. S. C. 260.

The first paragraph was held repealed by sec, 1, act of June 10, 1922 (42 Stat. 625), as to officers appointed on and after July 1, 1922, but not repealed as respects officers in the service on June 30, 1922, within its terms, by (1928)' 7 Comp. Gen. 735. See also mss. decision, Comp. Gen., Nov. 12, 1928 (A-24915).

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The third provision of this section appeared in the National Defense Act of June 3, 1916 (39 Stat. 183). It was stricken out and reenacted by the act of June 4, 1920.

For sections 40b and 55c, mentioned in ifth paragraph, supra, see, respectively, 174, 175, ante.

Notes of Decisions Period of retirement.-Where retired could not compute period of inactivity in officer is called into active service he is claiming longevity pay. Heidt v. U. S. not entitled to longevity pay computed by (C. C. A., 1932), 56 F. (20) 559; certiorari including the period of his retirement. denied 1932), 287 U. S. 601. Chandler v. U. S. (1930), 70 Ct, Cl. 690. In claiming longevity pay, only active

Army officer retired to inactive list in service may be counted, except as regards 1908, but not because of wounds received officers retired because of wounds received in battle, and put on active duty in 1914, I in battle. id.

1384. Retired pay; General of the Army.-* Provided further, That the General of the Army, when retired, shall be retired without reduction in his current pay and allowances;

Sec. 1, act of June 30, 1882 (22 Stat. 118); 10 U. S. C. 970. 1385. Retired pay; officers over forty-five years of age when appointed.

Any person originally appointed under the provisions of this Act at an age greater than forty-five years shall, when retired, receive retired pay at the rate of 4 per centum of active pay for each complete year of commissioned service in the United States Army, the total to be not more than 75 per centum. Provided, That any officer so appointed, who has been or may hereafter be retired in accordance with law on account of physical disability incident to the service, shall receive, from the date of such retirement, retired pay at the rate of 75 per centum of his active pay at the time of such retirement. Sec. 24, act of June 3, 1916 (39 Stat, 182); sec. 24, act of June 4, 1920 (41 Stat. 771); act of May 19, 1926 (44 Stat. 564); 10 U. 8. 0. 971a.

1386. For text of this section as published in the 1929 Edition, see 225, ante. 1387. For text of this section as published in the 1929 Edition, see 226, ante. 1388. Retired pay; Philippine Scout officers.--*

Those now on the retired list shall hereafter receive the same pay as a retired second lieutenant of equal service. Officers of the Philippine Scouts shall hereafter be retired under the same conditions, and those hereafter placed on the retired list shall receive the same retired pay as other officers of like grades and length of service, and shall be equally eligible for advancement on account of active duty performed since retirement.

Sec. 22a, added to act of June 3, 1916, by sec. 22, act of June 4, 1920 (41 Stat. 990); 10 U. S. C. 327.

* * Provided, That officers and former officers of the Philippine Scouts who were placed on the retired list prior to June 4, 1920, shall be entitled to promotion on the retired list for active duty heretofore performed subsequent to retirement, in accordance with the provisions of section 127a of the Act of June 3, 1916, as amended by the Act of June 4, 1920, and to the same pay and benefits received by other officers of the Army of like grade and length of service, on the retired list. Sec. 17, act of June 10, 1922 (42 Stat. 632); 10 U. 8. C. 332; 37 U.S. C. 26.

* Duty performed by retired officers of the Philippine Scouts, pursuant to War Department orders issued under section 40b or section '55c, respectively, of said National Defense Act of June 3. 1916, as amended by the Act of June 4, 1920, including in either case temporary duty for attendance on any course of preparatory instruction required by such order, shall be construed to be active duty for the purpose of increase of longevity pay of such retired officers within the meaning of the National Defense Act of June 3, 1916, as amended by the Act'

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of June 4, 1920, and the Act of May 12, 1917, entitled "An Act making appropriations for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and eighteen, and for other purposes," and the Act of June 10, 1922, entitled "An Act to readjust the pay and allowances of the commissioned and enlisted personnel of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service." Sec. 2, act of Mar. 3, 1925 ( 43 Stat. 1099); 10 U. S. O. 328.

Duty heretofore performed by retired officers of the Philippine Scouts, pursuant to War Department orders purporting to have been issued under section 40b or section 55c, respectively, of said National Defense Act of June 3, 1916, as amended by the Act of June 4, 1920, including, in either case, temporary duty for attendance on any course of preparatory instruction required by such order, shall be construed to be active duty for the purpose of increase of longevity pay of such retired officers, within the meaning of the aforesaid Act of June 3, 1916, as amended by the Act of June 4, 1920, the aforesaid Act of May 12, 1917, and the aforesaid Act of June 10, 1922. Sec. 3, act of Mar. 3, 1925 (43 Stat. 1100); 10 U. S. O. 330.

Duty performed prior to June 10, 1922, by retired officers of the Philippine Scouts pursuant to War Department orders issued or purporting to have been issued under section 40b or section 550, respectively, of said National Defense Act of June 3, 1916, as amended by the Act of June 4, 1920, including, in either case, temporary duty for attendance on any course of preparatory instruction required by such order, shall be construed to be active duty for the purpose of promotion of such retired officers on the retired list, within the meaning of the aforesaid Act of June 3, 1916, as amended by the Act of June 4, 1920, and the aforesaid Act of June 10, 1922. Sec. \, act of March 3. 1925 (43 Stat. 1100); 10 U. S. C. 1013.

By sec. 26, act of June 3, 1916 (39 Stat. 185), retirement of officers of the Philippine Scouts with the retired pay and allowances of master signal electricians of the Army, was provided for. That section was stricken out by sec. 26, act of June 4, 1920 (41 Stat. 775).

Notes of Decisions

In general. A captain of Philippine | retired pay of a captain only. De Court t. Scouts, retired with that rank in 1918, and U. S. (1928), 66 Cț. Cl. 130. promoted to major in 1923, is entitled to the

1389. The compilers of the United States Code bave not followed the recommendation of the War Department (J. A. G. 010.3, November 12, 1929, page 312) that the second paragraph of this section, as published in the 1929 Edition, based on section 1, act of June 10, 1922 (42 Stat. 626), 37 U. S. C. 3, be omitted as superseded. It has been omitted from the Military Laws. For other provisions of the 1929 text, see 1383a, ante.

1390. For text of this section as published in the 1929 Edition, see 225, ante. 1391. For text of this section as published in the 1929 Edition, see 1388, ante. 1392. For test of this section as published in the 1929 Edition, see 1383a, 1388, ante. 1393. Retired pay; warrant officers.--That on and after July 1, 1922, retired

warrant officers shall have their retired pay or equivalent pay, computed as now authorized by law on the basis of pay provided in this Act, which pay shall include increases for all active duty performed since retirement in the computation of their longevity pay and pay periods.

Sec. 17, act of June 10, 1922 (42 Stat. 632); act of May 26, 1928 (45 Stat. 774); 37.U.S. C. 26. That hereafter the retired pay of *

warrant officers of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service, who were retired on or before June 30, 1922, shall not be less than that provided for the

warrant officers of these services of equal rank

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