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taking part in horse shows or horse races; but nothing in this proviso shall be held to apply to the officers, enlisted men, and horses of any troop, battery, or company which shall, by order or permission of the Secretary of War, and within the limits of the United States, attend any horse show or any State, county, or municipal fair, celebration, or exhibition. Act of Apr. 27, 1914 (38 Stat. 363); 31 U. 8. C. 653.

Participation of personnel and animals of the Regular Army in the Tenth Olympic Games was authorized by act of March 3, 1931 (46 Stat, 1490), and in the Eleventb Olympic Games by act of May 27, 1935 (49 Stat. 292).

CHAPTER 28

PAY AND ALLOWANCES, NATIONAL GUARD, ORGANIZED RESERVES, AND CIVILIANS IN MILITARY TRAINING

Active duty pay:

Additional pay- Continued. Reserve and National Guard officers, 1553. For specialists' ratings, 1575. Enlisted Reserve Corps, 1554.

Rental and subsistence allowances, 1578. Militia called into Federal service, 1555. Transportation of dependents, reserve offiNational Guard of the United States,

cers, 1578a. 1555a.

Mileage, reserve officers, 1579. National Guard of the United States in Actual expenses or per diem, travel by air, time of national emergency, 1556.

1580. National Guard of the United States with | Actual expenses, travel by sea, 1581.

General Staff and National Guard Bu- Travel by privately owned conveyance, 1582. reau, 1557.

Transportation and subsistence, Citizens' Pay and allowances :

Military Training Camps, 1588. Encampments, maneuvers and other exer- Travel expense, rifle competition : cises, 1558.

National Guard and Organized Reserves, Assemblages for instruction, 1559.

1588a. Attending service schools, 1560.

Civilians, 1589. Duty in condection with national matches, Reserve Oficers' Training Corps : 1561.

Commutation of subsistence, 1591. Drill and administrative pay, National Guard : Commutation of uniform, 1592. Oficers and warrant officers, 1569.

Training camp pay, 1592a. Enlisted men, 1570.

Payment for 31st of month, 1595. Computation, 1571.

Payment in advance, 1596. Stoppage, 1572.

Payment to recipients of pensions, disability Restrictions on payment, 1573.

or retirement benefits, 1598. Additional pay :

Prisoners of war, 1599. For flying, 1574. 1553. Active duty pay; reserve and National Guard officers.-*

A reserve officer shall not be entitled to pay and allowances except when on active duty.

Sec. 37a, added to the act of June 3, 1916, by sec, 32, act of June 4, 1920 (41 Stat. 776); 10 U. 8. O. 361.

That when officers of the National Guard or of the reserve forces of any of the services mentioned in the title of this Act are authorized by law to receive Federal pay, those serving in grades corresponding to those of colonel, lieutenant colonel, major, captain, first lieutenant, and second lieutenant of the Army shall receive the pay of the sixth, fifth, fourth, third, second, and first periods, respectively.

Such officers whenever entitled to Federal pay, except armory drill and administrative function pay, shall receive as longevity pay, in addition to base pay provided but not exceeding the maximum pay prescribed by law, an increase thereof at the per centum and time rates up to thirty years provided in the tenth paragraph of section 1.

In computing the increase of pay for each period of three years' service, such officers shall be credited with full time for all periods during which they have held commissions as officers of any of the services mentioned in the title of this Act, or in the Organized Militia prior to July 1, 1916, or in the National Guard, or in the Naval Militia, or in the National Naval Volunteers, or in the Naval

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Reserve Force or Marine Corps Reserve Force, when confirmed in grade and qualified for all general service, with full time for all periods during which they have performed active duty under reserve commissions, and with one-half time for all other periods during which they have held reserve commissions. Sec. 3, act of June 10, 1922 (42 Stat. 627); sec. 1, act of May 31, 1924 (43 Stat. 250); 37 U. 8. C. 7.

For tenth paragraph of sec. 1, see 1398, ante.
For flying pay, see 1574, post.

1554. Active duty pay; Enlisted Reserve Corps.-* * While on active duty they shall receive the same pay and allowances as other enlisted men of like grades and length of service. Sec. 550, added to the act of June 3, 1916, by seo. 35, act of June 4, 1920 (41 Stat. 780); 10 U. 8. C. 427.

1555. Active duty pay; militia called into Federal service.-That the militia, when called into the actual service of the United States, shall, during their time of service, be entitled to the same pay and allowances as are or may be provided by law for the Regular Army. Sec. 10, act of Jan, 21, 1903 (32 Stat. 776); 32 U. 8. C. 157.

That when the militia is called into the actual service of the United States, or any portion of the militia is called forth under the provisions of this Act, their pay shall commence from the day of their appearance at the place of company rendezvous, but this provision shall not be construed to authorize any species of expenditure previous to arriving at such places of rendezvous which is not provided by existing laws to be paid after their arrival at such places of rendezvous. Sec. 11, act of Jan. 21, 1903 (32 stat. 776); sec. 7, act of May 27, 1908 (35 Stat. 401); 32 U. 8. . 157.

1555a. Active duty pay; National Guard of the United States; general provision.

When on such active duty an officer of the National Guard of the United States shall receive the same pay and allowances as an officer of the Regular Army of the same grade and length of active service, and mileage from his home to his first station and from his last station to his home, but shall not be entitled to retirement or retired pay. Sec. 38, added to act of June 3, 1916, by sec. 4, act of June 15, 1933 (48 Stat. 155); sec. 1, act of June 19, 1935 (49 Stat. 391); 32 U. S. C. 81c.

1556. Active duty pay; National Guard of the United States in time of national emergency.-Officers and enlisted men while in the service of the United States under the terms of this section shall receive the pay and allowances provided by law for officers and enlisted men of the reserve forces when ordered to active duty, except brigadier generals and major generals, who shall receive the same pay and allowances as provided by law for brigadier generals and major generals of the Regular Army, respectively. * Sec. 111, act of June 3, 1916 (39 Stat. 211); sec. 9, act of June 4, 1920 (41 Stat. 784); sec. 18, act of June 15, 1933 (48 Stat. 161); 32 U. S. C. 81.

1557. Active duty pay; National Guard of the United States with General Staff and National Guard Bureau.-*

When on such active duty an officer of the National Guard of the United States shall receive the same pay and allowances as an officer of the Regular Army of the same grade and length of active service and mileage from his home to his first station and from his last station to his home, but shall not be entitled to retirement or retired pay: Provided, That such officers ordered to such active duty shall be paid out of the funds appropriated for the pay of the National Guard. Sec. 38, added to act of June 3, 1916, by sec. 4, act of June 15, 1933 (48 Stat. 155); 32 U. 8. C. 1420.

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The President may also order, with their consent, to active duty in the National Guard Bureau, not more than four officers who at the time of their initial assignments hold appointments in the National Guard of the United States and any such officers while so assigned shall receive the pay and allowances provided by law.

The pay and allowances provided in this section for the Chief of the National Guard Bureau and for the officers ordered to active duty from the National Guard of the United States shall be paid out of the funds appropriated for the pay of the National Guard. Sec. 81, act of June 3, 1916 (39 Stat. 203); sec. 44, act of June 4, 1920 (41 Stat. 782); sec. 4, act of Sept. 22, 1922 (42 Stat. 1034); sec. 3, act of Feb. 28, 1925 (43 Stat. 1076); sec. 16, act of June 15, 1933 (48 Stat. 160); 32 U. 8. C. 176.

1558. Pay and allowances while engaged in encampments, maneuvers, or other exercises; National Guard and National Guard Reserve.-_*

the officers and enlisted men of such National Guard while so engaged shall be entitled to the same pay, subsistence and transportation as officers and enlisted men of corresponding grades of the Regular Army are or hereafter may be entitled by law. Sec. 94, act of June 3, 1916 (39 Stat. 206); 32 U. 8. C. 144.

Members of said inactive National Guard, when engaged in field or coast-defense training with the active National Guard, shall receive the same Federal pay and allowances as those occupying like grades on the active list of said National Guard when likewise engaged. Sec. 78, act of June 3, 1916 (39 Stat. 202); sec. 42, act of June 4, 1920 (41 Stat. 782); sec. 2, act of Feb. 28, 1925 (43 Stat. 1076); sec. 15, act of June 15, 1933 (48 Stat. 159); 32 U. 8. C. 134.

and the pay of enlisted men of the National Guard of the sixth and seventh grades shall be $1.15 and $1 per day, respectively, whenever they are participating in exercises provided for by sections 94

of the National Defense Act, approved June 3, 1916.

Sec. 14, act of June 10, 1922 (42 Stat. 632); 37 U. 8. O. 23.

When any portion of the National Guard shall participate in encampments, maneuvers, or other exercises, including outdoor target practice, for field or coast-defense instruction, under the provisions of this Act, it may, after being duly mustered, 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 disbursing officer making the same. Sec. 98, act of June 3, 1916 (39 Stat. 207); 32 U. 8. O. 158.

The last paragraph superseded a proviso of the Army appropriation act for the fiscal year 1907, act of June 12, 1906 (34 Stat. 249), as follows: "Hereafter when any portion of the Organized Militia of any State, Territory, or the District of Columbia participates in the encampment, maneuvers, and field instruction of any part of the Regular Army, under the provisions of section fifteen of the act of January twenty-first, nineteen hundred and three, they 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."

The first paragraph of this section is superseded as to pay of officers by 1553, ante; as to pay of enlisted men by the third paragraph, supra.

For flying pay, see 1574, post.
For pay of enlisted men rated as specialists, see 1575, post.

1559, Pay and allowances while attending assemblages for instruction; National Guard.—* Officers and warrant officers attending such assemblages shall be entitled to pay allowances and transportation, and enlisted men to pay, transportation, and subsistence at the same rates as for encampments or maneuvers for field or coast-defense instruction. Sec. 97, act of June 3, 1916 (39 Stat. 207); sec. 2, act of May 28, 1926 (44 Stat. 674); 32 U. 8. C. 145.

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and the pay of enlisted men of the National Guard of the sixth and seventh grades shall be $1.15 and $1.00 per day, respectively, whenever they are participating in exercises provided for by sections

97 * of the National Defense Act, approved June 3, 1916.

Sec. 14, act of June 10, 1922 (42 Stat. 632); 87 U. 8. C. 23.

For pay of National Guard attending encampments, etc., see 1558, ante.
For flying pay, see 1574, post.
For pay of enlisted men rated as specialists, see 1575, post.

1560. Pay and allowances while attending service schools or courses of instruction; National Guard.—* and any such officer, or warrant officer, shall receive, out of any National Guard allotment of funds available for the purpose, the pay and allowances provided in the Pay Readjustment Act of June 10, 1922, for officers and warrant officers of the National Guard when authorized by law to receive Federal pay and the travel allowances provided in section 12 thereof, and any such enlisted man shall receive therefrom, except as otherwise provided in section 14 of the Pay Readjustment Act of June 10, 1922, the same pay and allowances, including allowances for quarters, subsistence, and travel, to which an enlisted man of the Regular Army of like grade would be entitled for attending such school, college, or practical course of instruction under orders from proper military authority, while in actual attendance at such school, college, or practical course of instruction, and for the necessary period of travel from and to his home station : Provided, That all pay and allowances accruing to any officer, warrant officer, or enlisted man, including that for the period of travel to home stations, may be paid prior to departure from the post or other place at which such service is performed.

Sec. 99, act of June 3, 1916 (39 Stat. 207); sec, 5, act of Sept. 22, 1922 (42 Stat. 1035); sec. 3, act of May 28, 1926 (44 Stat. 674); 32 U. S. C. 146.

and the pay of enlisted men of the National Guard of the sixth and seventh grades shall be $1.15 and $1 per day, respectively, whenever they are participating in exercises provided for by sections

99 of the National Defense Act, approved June 3, 1916.

Sec. 14, act of June 10, 1922 (42 Stat. 632); 37 U. S. C. 23.

This probably superseded sec. 18, act of Jan. 21, 1903 (32 Stat. 778), amended by sec. 10, act of May 27, 1908 (35 Stat, 402), as follows: "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 wben 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."

The necessary money is provided for in the annual appropriations for the support of the Army.

For pay of officers, see 1553, ante. For travel allowance see 1532, ante.
For flying pay, see 1574, post.
For pay of enlisted men rated as specialists, see 1575, post.

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Notes of Decisions National Guard is primarily State organ-members attending schools, etc., when called ization, though members are subject to Regu- on by President (U. S. Comp. St. Ann. Supp. lar Army orders, and attend and are entitled 1923, sec. 3068). Croaft v. Harris (Ariz, to same pay and allowances as Regular Army | 1926), 247 P. 126.

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