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Promotion:

Temporary:

Proof:

Appointment of brigadier general to statutory office of Quartermaster General of the
Marine Corps does not abate involuntary retirement laws. 4-73.

See Evidence.

Depositions as: limitation on confinement where depositions enter into proof of several
specifications. 12-297.

Variance between allegation and proof. (See Evidence.)

Violation of local orders or regulations: actual or constructive knowledge of contents to
be proved. 6-125.

Property of the United States:

Acquisition of land: methods and effect explained. 2-21.

Applying to own use: absence of proper authority is an essential element. 7-170.
Damage to: reimbursement must be voluntary. 9-212.

Excess or surplus, disposition; upon disestablishment of midshipmen's mess. 4-77.
"Leasehold interest" discussed in connection with land so held by the United States in
regards "concurrent jurisdiction" with state. 2-21.

Marine Corps Reservation, Quantico, Virginia: jurisdiction over road entering from
state highway. 9-222.

Midshipmen's mess funds: surplus remain public funds and are to be recredited to appro-
priations involved. 4-77.

Purchased with funds derived from an appropriation not properly available for such pur-
chase; disposition of. 4-77.

See also Public property.

Stealing property of the United States intended for the naval service thereof; drunkenness
as defense.

11-271.

Transfer of: funds between appropriations upon disposition of property improperly pur-
chased by midshipmen's mess. 4-77.

Prostitution, house of:

Entering: not a violation of a General Order issued by the Secretary of the Navy. 12-294.

Proximate cause:

Accident: airplane: violation of regulation as, of injury: misconduct. 8-196.
Death or injury: claimant before Foreign Claims Commission as aggressor. 8-196.
Injury: incurred as result of violation of regulation: misconduct. 8-196.

Public property:

See also Property of the United States.

Applying to own use: absence of proper authority is an essential element. 7-170.
Recreation property: considered as "quasi-public": reimbursement for property lost or
damaged must be with consent of individual. 9-218.

Public quarters:

See Quarters.

Termination of assignment of quarters to officers: by commanding officer with approval
of Secretary of the Navy, when officer locates private housing. 3-65.

Publication:

Lawful order of commanding officer: actual or constructive knowledge of order to be
proved. 12-298.

Proof of, essential to charge accused with actual or constructive knowledge of lawful sta-
tion regulation. 6-125.

Proof of, essential to charge accused with actual or constructive knowledge of lawful sta-

Punishment:

Confinement, limitation of: depositions entered into proof of several specifications.
12-297,

Quantico, Virginia:

Marine Corps reservation: jurisdiction over road entering from state highway. 9-222.

Quarters:

Allowance for: receipt of allowances in "good faith" restricted to receipt of money as
family allowance. 10-242.

Termination of assignment: by commanding officer with approval of Secretary of the
Navy, when officer locates private housing. 3-65.

Quartermaster General of the Marine Corps:

Consideration and recommendation for retirement: eligibility of. 4-73.

Delegation of Secretary's authority in re checkage of pay of Marine Corps personnel.
3-64.

Recommendation after consideration for retirement; eligibility for. 4-73.

Statutory office of, does not abate involuntary retirement laws. 4-73.

Rank:

As basis of determining total commissioned service of an officer of the staff corps of the
regular navy. 2-37.

Officers: absence of jurisdiction of Board for the Correction of Naval Records to restore
officer to former rank and precedence after resignation. 3-46.

Rape:

Duplication: "Assault with intent to commit rape." 6-141.

Lesser included offense: "Assault with intent to commit rape." 6-141.

Rebuttal:

"Desertion in time of war": rebuttal by defense. 12-321.

Medical evidence: prosecution's case based on circumstantial evidence rebutted by.
11-281.

Prima facie case of "Desertion": rebutted where amnesia suffered by accused during en-
tire period of unauthorized absence. 11-288.

"Unauthorized absence": rebuttal by defense. 12-321.

Record of proceedings of court martial:

Disclosing variance between allegation and proof: effect after dissolution of court. 2-43.
Signed by two judge advocates: effect. 5-102.

Records:

Bureau of Medicine and Surgery. (See Medical Records.)

Correction of. (See Board for the Correction of Naval Records.)

Medical. (See Medical Records.)

Service. (See Service Records.)

Recruiting station:

Acting Officer-in-Charge, service record entry signed by: not competent to prove facts
which were not recorded in the regular course of business. 11-269.

Reenlistment:

Allowance on: active reservists shipping over in regular navy: entitled to reenlistment leave. 3-45.

Bad-conduct discharge after: entitlement to mustering-out pay unaffected. 9-211. Naval Reservists, in regular navy: entitled to reenlistment leave. 3-45.

Re-entry upon active duty precludes right to apply for mustering-out payment. 4-93.

Reduction in rating:

Lowest rating of branch of service: Steward's branch: steward recruit, not seaman re cruit. 5-99.

Regulations:

See Civil Air Regulations.

Reimbursement:

Government property lost or damaged: reimbursement must be voluntary. 9-212. Recreation property lost or damaged: reimbursement must be with consent of individual. 0-218.

Travel, of contract Naval Reserve Officers' Training Corps students for portion of travel performed at personal expense. 4-79.

Remission:

See Sentences.

Remission of sentences:

Accessories to be remitted when confinement involved. 12-321.

During specified period of probation: effect of termination of period of probation on subsequent revocation of probation for misconduct. 12-318.

Rental allowances:

See Quarters.

Reports:

Board of Medical Survey: hearsay evidence. 1-5.

Resignation:

Officers:

Absence of jurisdiction of Board for the Correction of Naval Records to restore officer to former rank amd precedence after. 3-46. Withdrawal ineffective after acceptance of. 3-46. Restricted areas,

See Defensive sea areas: Air space reservations.

Restriction:

Limits of ship or station: arrest-restriction to ship or station does not constitute. 6-147. Retired:

Naval personnel: at leased bases: not authorized to purchase duty-free goods at base commissary store, 8-208.

Retired list:

"Active Federal Service" interpreted as used in laws relation to placement on. 10-259. Advancement on:

Officer recalled to active duty, specially commended for performance of duty in actual combat and released to retired status: entitled to. 8-193.

Officer received Distinguished Flying Cross: action in all twenty flights may be con

Retired list-Continued

Individuals eligible except for age: transfer to another service does not jeopardize eligibility. 10-259.

Travel time to and from active naval duty counted as active Federal service under laws relating to placement on. 10-259.

Retired officers:

Advancement on retired list:

Officer recalled to active duty, specially commended for performance of duty in actual combat and release to retired status: entitled to. 8-193.

Officer received Distinguished Flying Cross: action in all twenty flights may be considered. 8-190.

Disability leading to retirement: administratively determined not to be combat-incurred. 4-95.

Retirement:

Computation of service: "Twenty years' service." 1-12.

Naval personnel: determination of line of duty status for income tax purposes by Judge Advocate General. 1-5.

Naval reserve officer on active duty with Civilian Conservation Corps: to be included in computing twenty years' service required for retirement. 10-244.

Quartermaster General of the Marine Corps: eligibility for consideration and recommendation for.

4-73.

Statutory office appointment does not abate involuntary retirement laws. 4-73.

Retirement boards:

Findings inconsistent: "defect" or "disease" and "incapacity" distinguished. 1-11. Quartermaster General of Marine Corps: eligibility for consideration and recommendation for retirement. 4-73.

Retiring Review Board:

Basis for review: findings of Board of Medical Examiners: not to be substituted for findings of Board of Medical Survey. 8-207.

Revenue Cutter Service:

British sealing schooners, seizure by: Fur Seal Arbitration of 1892; result of. 3-47.

Review:

Secretary of the Navy: authority to, decisions of Board of Review, Discharges and Dismissals. 10-247.

Reviewing authority:

Action of: no longer proper to set aside findings on principle of equitable merger. 7-161. Board of investigation: disciplinary action by, not barred by procedurel errors in record of. 11-274.

Revision:

Court martial findings: typographical error in: proceedings in, not necessary when rights of accused not prejudiced. 5-121.

Failure of member to sign record of proceedings in. 2-34.

Failure to revoke former sentence: action required. 2-34.

Member not present in. 2-34.

Unexplained absence of member in. 2-34.

Revocation:

Authority of Judge Advocate General in re checkage of pay of naval personnel revoked.

Rewards:

Discrepancy between date of commencement of absence over leave and date of notice of
reward: collateral matter as regards establishment of commencement date of unauthor-
ized absence. 2-31.

Notice of: evidential value. 2-31.

Robbery:

Lesser included offense: “Conduct to the prejudice of good order and discipline." 6-128.
Preconceived plan of: to be proved to convict all accused in trial in joinder for. 6-130.
Trial in joinder: preconceived plan of robbery not proved by circumstantial evidence.
6-130.

Russia:

Claims of United States against Russia: Navy flying boat shot down over Russian terri-
torial waters. 3-47.

Islands north of Siberia claimed by, as continuation of Siberian continental shelf. 347.
Pelagic Sealing Treaty of 1911: participation in. 3-47.

Sales:

Duty-free goods: limited by Lease Base Agreement to "members of the United States
forces." 8-208.

Scandalous conduct tending to the destruction of good morals:

"Homicide" includes "Striking with a dangerous weapon": one single act of accused.
12-320.

Specifications duplicitous (lascivious conduct). 5-109.

Secretary of the Navy:

Acting through Board for the Correction of Naval Records: not authorized to restore
officer to former rank and precedence after effective resignation. 3-46.

Action by required in accepting jurisdiction over land ceded by state: exclusive jusirdic-
tion. 2-21.

Delegation of authority:

Checkage of pay of Marine Corps personnel. 3-64.

Checkage of pay of naval personnel. 3-64.

Discharge of officer: sufficiency of cause to be determined by. 4-88.

Jurisdiction: not authorized to direct pay and allowances based on correction by Board
for the Correction of Naval Records. 4-93.

Mustering-Out Payment regulations issued by: application for payment must be made
prior to re-entry upon active duty. 4-93.

Naval Reserve: prescribes regulations governing enlistment or extension of enlistment of.
8-197.

"Opportunity to be heard" to be afforded officer by, prior to dismissal. 4-93.

Regulations issued by, governing subsistence in hospital messes by officers of Nurse
Corps: may be modified or new regulations issued. 8-202.

Reviewing powers of: in re decisions of Board of Review, Discharges and Dismissals.
10-247.

Revocation of authority of Judge Advocate General in re checkage of pay of naval per.
sonnel. 3-64.

Sentence, remission of: authority for, as final reviewing authority. 6-140.

Termination of assignment of quarters to officers: approval of the Secretary of the Navy
affecting. 3-65.

Selection:

Computation of service upon failure of selection: "Twenty years' service." 1-12.

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