CHAPTER XXV. Par. THE RECORD AND PENSION OFFICE. 1235-1236. Organization. 1237. Duties. 1238. Returns, muster rolls, etc. 1239. The same; wars of the Revolution and 1812. 1240. Clerks, how employed. Establishment. May 9, 1892, v. 27, p. 27. Composition. Par. 1241-1253. Removal of charge of deser tion. 1254-1256. Remuster of officers of volun teers. 1257. Certificates of service United States Military Telegraph Corps. 1235. The division organized by the Secretary of War in his office for the preservation and custody of the records of the volunteer armies under the name of the Record and Pension Division is hereby established as now organized, and shall hereafter be known as the Record and Pension Office of the War Department. Act of May 9, 1892 (27 Stat. L., 27). 1236. The officers of the Record and Pension Office of 25, v. 31, p. 754. the War Department shall be a chief of said office with the rank of a brigadier-general and an assistant chief of said office with the rank of major: Provided, That any person appointed to be Chief of the Record and Pension Office after the passage of this act shall have the rank of colonel. Section 25,' act of February 2, 1901, (31 Stat. L., 754). Duties. May 9, 1892, v. 27, p. 27. Returns and muster rolls of 1237. The Record and Pension Office of the War Department shall, under the Secretary of War, have charge of the military and hospital records of the volunteer armies and the pension and other business of the War Department connected therewith; and all laws or parts of laws inconsistent with the terms of this act are hereby repealed. Act of May 9, 1892 (27 Stat. L., 27). 1238. All returns and muster rolls of organizations of olunteers, 1898, the Volunteer Army and of militia organizations while in s. 8, v. 30, p. 362. the service of the United States shall be rendered to the Apr. 22, 'Section 8 of the act of March 2, 1899 (30 Stat. L., 979), contained the same requirement. By the act of March 3, 1899 (ibid., 1007), this office was exempted from the operation of the reduction clauses of the act of March 2, 1899. Adjutant-General of the Army, and upon the disbandment of such organizations the records pertaining to them shall be transferred to and filed in the Record and Pension Office of the War Department. And regimemal and all other medical officers serving with volunteer troops in the field or elsewhere shall keep a daily record of all soldiers reported sick, or wounded as shown by the morning calls or reports, and shall deposit such reports with other reports provided for in this section with the Record and Pension Office, as provided herein for other reports, returns and muster rolls. Section 8, act of April 22, 1898 (30 Stat. L., 362). tionary army rec to SecreAug. 18, 1894, 2, p. 403. 1239. All military records, such as muster and pay rolls, All Revoluorders, and reports relating to the personnel or the opera-ords, etc., transtions of the armies of the Revolutionary war and of the tary of War. war of eighteen hundred and twelve, now in any of the Executive Departments, shall be transferred to the Secretary of War, to be preserved, indexed, and prepared for publication. Act of Angust 18, 1894 (28 Stat. L., 403). 1240. All the employees provided for the Rec-, Clerks, etc., to be exclusively ord and Pension Office of the War Department shall be engaged on work exclusively engaged on the work of this office.* July 16, 1892 (27 Stat. L., 92). * * * of office. Act of July 16, 1892, v. REMOVAL OF THE CHARGE OF DESERTION. 27, p. 92. Charges of desertion removed from recvolunteers, ord of certain Sec. 1, Mar. 2, 1241. The charge of desertion now standing on the rolls and records in the Record and Pension Office of the War Department against any soldier who served in the late war in the volunteer service shall be removed in all cases 1889, v. 25, p. 869. May 9, 1892, v. where it shall be made to appear to the satisfaction of the 27, p. 27. Secretary of War, from such rolls and records, or from other satisfactory testimony, that such soldier served faithfully until the expiration of his term of enlistment, or until the first day of May, anno Domini eighteen hun 'The act of July 27, 1892 (27 Stat. L., 275), had contained the requirement that "the military records of the American Revolution and of the war of eighteen hundred and twelve, now preserved in the Treasury and Interior Departments, be transferred to the War Department, to be preserved in the Record and Pension Division of that Department, and that they shall be properly indexed and arranged for use." The acts of March 2, 1895 (28 Stat. L., 788), and May 28, 1896 (29 ibid., 161), authorizing the Secretary of War, upon the application of the governor of a State, to furnish to such governor a transcript of the military history of any regiment or company furnished by his State, under such regulations as might be prescribed by the Secretary of War, the expense of preparing such transcript to be borne by the State requesting it. Subsequent acts of appropriation since that of July 16, 1892 (27 Stat. L., 92), have contained the same restriction. Applications for removal. Sec. 2, ibid. Return to duty Absence while sick or wounded. Minors discharged by order of court. Sec. 2, ibid. 26, p. 824. dred and sixty-five, having previously served six months 1242. The Secretary of War is hereby authorized to First. That such soldier, after such charge of desertion was made, and within a reasonable time thereafter, voluntarily returned to his command and served faithfully to the end of his term of service, or until discharged. Second. That such soldier absented himself from his command or from hospital while suffering from wounds, injuries, or disease, received or contracted in the line of duty, and upon recovery voluntarily returned to his command and served faithfully thereafter, or died from such wounds, injuries, or disease while so absent, and before the date of muster out of his command or expiration of his term of service, or was prevented from so returning by reason of such wounds, injuries, or diseases before such muster out or expiration of service. Third. That such soldier was a minor, and was enlisted without the consent of his parent or guardian, and was Mar. 2, 1891, v. released or discharged from such service by the order or decree of any State or United States court on habeas corpus or other judicial proceedings; and in such case such soldier shall not be entitled to any bounty or allowance or pay for any time such soldier was not in the performance of military duty. Sec. 2, ibid. Act of March 2, 1891 (26 Stat. L., 824). Removal of charge where sol Mar. 2, 1889, s. 3. v. 25, p. 869. May 9, 1892, v. 27, p. 27. 1244. The charge of desertion now standing on the rolls dier reenlisted. and records in the office of the Adjutant-General of the Army [or the Record and Pension Office of the War Department]1 against any regular or volunteer soldier who served in the late war of the rebellion by reason of his having enlisted in any regiment, troop, or company, or in 1Act of May 9, 1892 (27 Stat. L., 27). F the United States Navy or Marine Corps, without having first received a discharge from the regiment, troop, or company in which he had previously served shall be removed in all cases wherein it shall be made to appear to the satisfaction of the Secretary of War, from such rolls and records, or from other satisfactory testimony, that such reenlistment was not made for the purpose of securing bounty or other gratuity that he would not have been entitled to had he remained under his original term of enlistment; that the absence from the service did not Limitation. exceed four months, and that such soldier served faith fully under his reenlistment. Sec. 3, acts of March 2, 1889 (25 Stat. L., 869); May 9, 1892, (27 ibid, 27). without trial, 1245. Whenever it shall appear from the official records Return to duty in the office of the Adjutant-General, United States Army etc. 4, ibid. [or the Record and Pension Office of the War Department'], that any regular or volunteer soldier of the late war was formally restored to duty from desertion by the commander competent to order his trial for the offense, or, having deserted and being charged with desertion, was, on return to the service, suffered, without such formal restoration, to resume his place in the ranks of his command, serving faithfully thereafter until the expiration of his term, such soldier shall not be deemed to rest under any disability because of such desertion in the prosecution of any claim for pension, on account of disease contracted or wounds or injuries received in the line of his duty as a soldier. Sec. 4, ibid. 1246. When the charge of desertion shall be removed under the provisions of this act from the record of any soldier, such soldier, or, in case of his death, the heirs or legal representatives of such soldier, shall receive the pay and bounty due to such soldier. Sec. 5, ibid. ty. Pay and boun Sec. 5, ibid. pay, etc., while leave. without 1247. This act shall not be so construed as to give to any Not entitled to such soldier, or, in case of his death, to the heirs or legal absent representatives of any such soldier, any pay, bounty, or Ibid. allowance for any time during which such soldier was absent from his command without proper authority, nor shall it be so construed as to give any pay, bounty, or allowance to any soldier, his heirs or legal representatives, who served in the Army a period of less than six months." Sec. 5. ibid. 1Act of May 9, 1892 (27 Stat. L., 27). "The persons from whose military record there may be a removal of the charge of desertion, under the act of March 2, 1889, chapter 390, are those against whom such a charge is "now standing." Deserters, therefore, whose cases had, at the date of Mexican war soldiers. for removal of tion. 1248. The Secretary of War is hereby authorized and Application directed to amend the military record of any soldier who charge of deser- enlisted for the war with Mexico, upon proper application, where the rolls and records of the Adjutant-General's Office show the charge of desertion against him, when such rolls and records show the facts set out in the following Sec. 6, ibid. Length of serv ice. Voluntary re turn. Cases excepted. cases: First. That said soldier served faithfully the full term of his enlistment, or having served faithfully for six months or more, and until the fourth day of July anno Domini eighteen hundred and forty-eight, left his command without having received a discharge. Second. That such soldier, after said charge of desertion was entered on the rolls, voluntarily returned to his command within a reasonable time, and served faithfully until discharge. Sec. 6, ibid. 1249. The provisions of this act shall not be so construed as to relieve any soldier from the charge of desertion who left his command from disaffection or disloyalty to the Government, or to evade the dangers and hardships of the service, or whilst in the presence of the enemy (not being sick or wounded), or while in arrest or under charges for breach of military duty, or in case of a soldier of the Mexican war who did not actually reach the seat of war. Sec. 7, ibid. the act, been judicially duly disposed of-by trial, conviction, and sentence by court-martial-are not within the purview of the statute. Dig. Opin. J. A. G., par. 1103. Held, that a soldier had "served faithfully" in the sense of section 1 of the lastnamed act when, having been sentenced to reduction and confinement on conviction of desertion, his sentence had been duly executed, and he had thereupon returned to duty and served for a considerable further period in a status of honor. Ibid., par. 1104. * * The act of 1889 provides that the charge of desertion shall be removed if the soldier has "served faithfully until * * May 1, 1865, having previously served six months or more" -** Held, that the six months of service need not have been continuous, provided they were actually served before May 1, 1865, and the soldier was in service at that date. Ibid., par. 1105. Held, that a soldier was not within the description of the third division, section 2, of the act of 1889, of having been "discharged" from service by a court of "competent jurisdiction," who had, as a minor, enlisted without consent, been discharged upon habeas corpus by a State court. Ibid., par. 1107. A pardon does not operate retroactively, and can not therefore "remove a charge" of desertion. It does not wipe out the fact that the party did desert, nor can it make the record say that he did not desert. It can not change facts of history. Ibid., par. 1117. The restoration of a deserter to duty without trial under par. 132, A. R. [1895], does not operate as an acquittal, or relieve the deserter from the forfeitures of pay (including retained pay) incurred by operation of law under paragraphs 1380 and 1381, A. R. 1895. Ibid., 351, par. 48. |