§ 1420 TITLE 10.

--ARMY 224
the so-called congressional medal of honor by or through the 1426. Army corps badges for Civil War servlce.-All persons
War Department, with a view to ascertain what medals of who have served as officers, noncommissioned officers, pri-
ihonor, if any, have been awarded or issued for any cause other vates, or other enlisted men, in the Regular Army, Volunteer
than distinguished conduct by an officer or enlisted man in or militia forces of the United States, during the War of the
action involving actual conflict with an enemy by such officer Rebellion, and have been honorably discharged from the service,
or enlisted aian or by troops with which he was serving at or still remain in the same, shall be entitled to wea, on oc-
the time of such action shall have found and reported that casions of ceremony, the distinctive Army badge ordered for
sald medal was issued for any cause other than that herein- or adopted by the Army corps and division, respectively, in
before specified, the name of the recipient of the medal so which they served. (R. S. j 1227.)
issued shall be stricken permanently from the official medal 1427. Right to wear badges of military societies.-The dis-
of honor list. It shall be a misdemeanor for him to wear or tinctive badges adopted by military societies of men who served
publicly display said medal, and, If he shall still be in the Army,
in the Armies and Navies of the United States in the War
he shall be required to return said medal to the War Depart- of the Revolution, the War of 1812, tlle Mexican War, the War
ment for cancellation. (June 8, 1010, c. 134, 1 122, 89 Stat. 214.)
of the Rebellion, the Spanish-American War, and the incident
1420. Certificates of merit discontinued.--After July 9, 1918,insurrection in the Philippines, the Chinese relief expedition of
the award of the certificate of merit for distinguished service 1900, and the Regular Army and Navy Union, respectively,
shall cease. (July 9, 1918, c. 143, 40 Stat. 870.) may be worn upon all occasions of ceremony by officers and
1421. Certificates of honorable services for military teleg- enlisted men of the Aimy and Navy of the United States,
raphers in Civil War.-The Secretary of War Is authorized who are members of said organizations in their own right.
nud directed to prepare a roll of all persons who served not (Sept. 25, 1890, No. 50, 20 Stat. 681; May 11, 1894, No. 20,
less than ninety days in the operation of military telegraph 28 Stat. 583; Feb. 2, 1901, c. 192, § 41, 31 Stat. 758; Jan. 12,
lines during the late Civil War, and to issue to each, upon ap- 1903, No. 2, 32 Stat. 1229; Mar. 2, 1907, No. 18, 34 Stat.
plication, unless it appears that his service was not creditably 1423.)
performed, or to the representatives of those who are dead, suit-
Chapter 34.-DESERTION.
able certificates of honorable service in the military telegraph
corps of the Army of the United States, stating the service Sec.
1431. Compensation for arresting deserters.
rendered, the length of such service, and the dates, as near as 1432. Forfeiture of right to pension.
may be, between which such service was performed: Provided, 1433. Effect of quitting command at termination of Civil War.
That this section shall not be construed to entitle the persons 1434. Removal of record of charge against soldiers in World War.
1435. Removal of record of charge against soldiers in Civil War.
herein mentioned to any pay, pension, bounty, or rights not
1436. Charge based on second enlistment by soldier in Civil War be-
herein specifically provided for. (Jan. 20, 1897, e. 92, 29 Stat. fore expiration of or discharge from first enlistment.
497.) 1437. Return to duty by soldier In Civil War after desertion as re-
1422. Foreign decorations received before entering military storing right to pension.
1438. Removal of record of charge against soldiers in Mexican War.
service of United States.-Amerlcan citizens who have re- 1439. Right to pay, allowances and bounty after removal of charge.
ceived, since August 1, 1914, decorations or medals for dis- 1440. Cases excepted from provisions for removal of charge.
tinguished service In the armies or in connection with the field 1441. Restoration of status by removal of charge.
service of those nations engaged in war against the Imperial 1442. Applications for removal of charge.
German Government, shall, on entering the military service of Section 1431. Compensation for arresting deserters.-No
the United States, be permitted to wear such medals or decora- greater sum than $50 Lor each deserter or escaped military
tions. (July 9, 1918, c. 143, 40 S'tat. 872. prisoner shall, In the discretion of the Secretary of War, be
1423. Foreign decorations awarded to officers or men while paid to any civil officer or citizen for services in the appre-
serving in United States Army.--Any officer or enlisted man of hension, securing and delivering of deserters, and the expenses
tie military forces of the United States Is hereby authorized incident to their pursuit. (Feb. 12, 1925, c. 225, Title I, 43
to accept and wear any medal or decoration heretofore bestowed Stat. 900.)
before July 9, 1918, by the Government of any of the nations 1432. Forfeiture of right to pension.--Any soldier who de-
concurrently engaged with the United States in the World War. serts shall, besides incurring the penalties attaching to the
(July 9, 1918, c. 143, 40 Stat. 872.) See sections 114 and 1:(5 crime of desertion under section 1530 hereof, forfeit all right
of Title 5. to pension which he might otherwise have acquired. (May 11,
1424. Expenditure authorized for medals, crosses, etc.-The 1908, c. 103, 35 Stat. 110.)
Secretary of War is authorized to expend from the appropria- 1433. Effect of quitting command at termination of Civil
tions for contingent expenses of his department from time War.-No soldier shall be taken or held to be a deserter from
to time so much as may be necessary to defray the cost of the Army who faithfully served according to his enlistment
tie medals of honor, distingulshrd-serviee crosses, distinguished- until the 19th day of April, 1865, and who, without proper anu-
service medals, bars, rosettes, end other devices hereinbefore thority or leave first obtained, quit his command or refused to
provided for. (July 9, 1918, e. 143, 40 Stat. 871.) serve after that date; but nothing herein contained shall operate
1425. Unlawful wearing, manufacture, or sale of medals, as a remission of any forfeiture incurred by any such soldier of
etc.-The wearing, manufacture, or sale of the congressional his pension; but this section shall be construed solely as a re-
medal of honor, distinguished-service cross, distinguished- nmoval of any disobility such soldier may have incurred by
service medal, or any of the services medals or badges awarded the loss of hi citizenship in consequence of his desertion.
by the War Department, or the ribbon, button, or rosette thereof (R. S. § 4749.)
of the form a" Is or may hereafter be prescribed by the Secre- 1434. Removal of record of charge against soldiers in World
tary of War, or of any colorable imitation thereof, is prohibited, War.-In all cases where it shall be made to appear to the satis-
except when authorized under such regulations as the Secre- faction of the President that a commissioned or warrant offi-
tary of War may prescribe. cer or an enlisted man with the charge of desertion standing
Any person who offends against the provisions of this see- against him on March 4, 1925, on the rolls and records of tile
tion shall, on conviction, be punisied by a fine not exceeding $250 Army, Navy, or Marine Corps has since such charge was
or by imprisonment not exceeding six months, or by both such entered served honorably in the World War, either in the
fine and Imprisonment. (Feb. 24, 1023, c. 110, 42 Stat. 1286.) _military or naval forcee of the Allies or in the Army, Navy,
 TITLE 10.-ARMY
or Marine Corps or In other branches of the military serv-
ice of the United States prior to November 11, 1918, the
President Is hereby authorized, in his discretion, to cause an
entry to ibe moade on said rolls and records of the Army,
Navy, or Marinc Corps, relieving said officer or enlisted man
of all the disabilities which he had heretofore or woul here-
after suffer by virtue of said charge of desertion thus ap-
penring against hint; and upon such action being taken by
the President such officer or enlisted man shall be regarded
as having been honorably discharged on the date tire charge
of desertion was entered against him: 1rovided, That notih-
tIg contained in this section shall operate to entitle any offlicer
or enlisted iman to back pay or allowances of any kind or to
a pension for any service rendered prior to the World War.
(Mar. 4, 1925, c. 530, § 2, 43 Stat. 1270.)
1435. Removal of record of charge against soldiers in Civil
War.-The Secretary of War is herebry authorized to remove
the charge of desertion from the record of any regular or" vol-
unteer soldier in the Civil War upon proper application
therefor, and satisfactory proof in the following eases:
First. That such soldier, after such charge of desertion
was nmde, and within a reasonable time thereafter, volun-
tarily 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 com-
mand or from hospital while suffering front wounds, injuries,
or disease, received or c(ntracted iii tile line of duty, and
upon recovery voluntarily returned to his comlmand and
served faithfully thereafter, or died from such wounds, in-
juries, or disease while so absent, and before the date of
muster out of ills command, or expiration of his term of serv-
ice, or was prevented frow ,o 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 re-
leused or discharged from such service by the order or decree
of tiny State or United States court on habeas corpus or
other judicial proceedilgs, and Ill such case such sohlier
shall not be entitled to any bounty or allowance, or pay for
filiy time such soldier was not in tile performance of military
duty. (Mar. 2, 1891, c. 498, 20 Stat. 824.)
1436. Charge based on second enlistment by soldier in Civil
War before expiration of or discharge from first enlistment.-
The charge of desertion now :tandlng on the rolls find records
in the office of The Adjutant General of the Army against any
Regular or Volunteer soldier who served in the late War of the
Rebellion by reason of ills having enlisted Il aiy regiment,
troop, or company, or In the United States Navy or Marine
Corps, without having first received a discharge from tile regi-
ment, troop, or company in which lie had previously served],
shall be removed In fll 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 testihony, that such
reenlistment was not made for the purpose of securing bounty
or other gratuity that he would not have been entitled to, Ilad
he remained under his original term of enlistment; that tie ab-
sence from the service did not exceed four months, and that
such soldier served faithfully under his reenlistment. (Mar.
2, 1889, c. 300, § 3, 25 Stat. 870.)
1437. Return to duty by soldier in Civil War after deser-
tion as restoring right to pension.-Whenever it shall appear
from the official records in the office of The Adjutant General,
United States Army, that any Regular or Volunteer soldier of
tile Civil 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,
80270°-26----15
§ 1442
to resume ills place in the ranks of hls command, serving failth.
fully thereafter until the expiratlon of hi. terim, such sohler
shall not be deened to rest under any dlialllIty, because of such
desertion, in the prosecution of tiny claim for pension on ac-
count of disease contracted, or wounds or injuries received in
the ]file of his duty as a soldier. (Mar. 2, 1889, e. 390, § 4, 25
Stat. 870.)
1438. Removal of recor1 of charge against soldiers in Mexi.
can War.-The Secretary of War be, and lie hereby i, intlhor-
ized and directed to amend the military record of tiny soldier
who enlisted for tile war with Mexico, upon 1poper applica-
tion, where the rolls and records of The Adjutant General's
office show the elarge of desertion .against lhln, when suclh
rolls find records show the facts ,jtt out In the following eases:
First. That said soldier served faithfully the full terlm of hIs
enlistment, or lving served faithfully for six months or more,
andiuntil the 4th day of July, anio Domin 1848, left his
colnimiad wiihout having received a discharge.
Second. rhat such soldier, lifter said charge of deserton
was entered on the rolls, voluntarily returled to his conlild
within a reasonable tint(, and served faithfully until dis-
charged. (Mar. 2, 1889, c. 390, § 6, 25 Stit. 870.)
1439. Right to pay, allowances, and bounty after removal
of charge.-When the clarge of desertion shall be reniived
under tile provisions of sections 1435-1438 of this title, from the
record of any soldier, such soldier, or, in case of lls ideatil.
the
heirs or legal representatives of such soldier, shall receive tie pay
and bounty due to such soldier : Provided, however, Tihat said
Irovlisions shall not Ile so con.9trued as to give to lilly su('h sol-
dier, or, In ease of his death, to the heirs or legal representa-
tives of any such soldier, any pay, bounty, or allowance for
any time during which such soldier was abrent from his (o0-
mand without proper authority, nor shall they be so cont rued
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. (Mar. 2, 1889, e. 390, § 5, 25 Stat.
870.)
1440. Cases excepted from provisions for removal of
charge.-The provisions of sections 1.135-1-138 of this title shall
not be so construed as to relieve any soldier from l e (-large
of desertion wio left his coalnd from tlisaffection or (is-
loyalty to the Government, or to evade the dangers and hlrd-
ships of the service, or whilst il the presence of tie eneiny (not
being sick or wounded), or while iII arrest or under clmuges for
breach of military duty, or in eise of 0 soldier of the Mexleiln
War, who did not actually reach the seat of wiur. (Mar. 2.
1889, c. .90, § 7, 25 Stat. 870.)
1441. Restoration of status by removal of charge.-Whitin
such charge of desertion is removed under the provisions of
sections 1436-1439 of this title, the soldier shall be restoired
to a status of honorable service, his military record shall be
corrected n1s tile facts nmy reouire, and all honoralble illschmlige
shall be Issued in those cases where the soldler Ills re.eived
none; and lie shall be restored to all his rights as to pension,
pay, or allowances ats L the charge of desertion had never
been made; and i cahe of the (eath of said sohlier, his widow
or other legal heir shall 11e entitled to the samoe right4 is in
ease of other deceased honoraldy disciarged soldiers : Provided,
That sections 1436-1439 of this title shall not be construed to
give to any soldier, or his legal relpre;onhatives or heir, tiny lay
or allowance for any period of tie ht was absent without
leave, and not in the performance of military dity. (Mar. 2,
1889, c. 390, § 8, 25 Stilt. 870.)
1442. Applications for removal of charge.-AIl applications
for relief under sections 1435-1,13S (f this title sliali be niade to
and flied with the Secretary of War. (Mar. 2, 1889, e. 390, § 9,
25 Stitt. 871; July 27, 1892, e. 273, 27 Stat. 278; Mar. 2, 1895.
e. 181, 28 Stat. 814.)
 § 1451 TI12LE 10.-ARMY

Chapter 35.-UNITED ST&TES DISCIPLINARY BAR- the rank, pay, and allowances of a battalion sergeant major.
RACKS. (Mar. 4, 1915, c. 143, § 2, 38 Stat. 1085.)
ece. 1455. Commandant's powers and duties.-The commandant
1451. Name of Military Prison clianged to Disciplinary Blarracks. of the United States Disciplinary Barracks shall have ,ominand
1452. Persons to be confined In penitentiaries and Disciplinary Bar- thereof and charge anid custody of all offenders sent thereto for
racls, respectively.
1453. Goverament and control of Disciplinary Barracks. conllinement and detention therein; shall govern such offenders
1451. Olilcers, guards, etc. and cause theim to be employed at such labor and in such trades
1455. Cminndant's powers and duties. and to perform such duties as may be deemed bLst for tm.ir
1456. Military training of offenders. health anti reformation and with a view to their honorable
1157. lcmission of unexecuted portions of sentences; restoration to
duty. restoration to duty or their reenlistment as hereiiafter author-
1458. Branch disciplinary barracks. ized; shall cause note to be taken and a record to be made of
115). MNmufactire of supplies for Army. the conduct of such offenders; and may shorten the daily time
I 160. Donation to dishonorably discharged prisoners. of hard labor of those who by their obedience, honesty, hIndustry,
1 1. Compensation for arrest of escaped prisoners.
and general good conduct earn such favors-all under such
Section 1451. Name of Military Prison changed to Disciplin- regulations as the Secretary of War may from time to tiio
ary Barracks.-Tli United States Military Prison, Fort Leav- prescribe. (Mar. 4, 1915, c. 143, § 2, 38 Stat. 1085.)
einworth, Kansas, shall hereafter be known as the United 1456. Military training of offenders.-Tlie Secretary of War
States Disciplinary Barracks. (Mar. 4, 1915, c. 143, § 2, 38 shall provide for placing under military training those offenders
Stat. 10,44.) sent to the United States Disciplinary Barracks for confinement
1452. Persons to be confined in penitentiaries and Disciplin- and detention therbin whose recorl and conduct are such as
ary Barracks, respectively.-Persons sentenced to confinement to warrant the belief that upon the completion of a course of
upon conviction by courts-martial or other military tribunals military training they may le worthy of an honorable res-
of crimes or offenses which, under some statute of the United toration to duty or of being permitted to reenlist; nity provide
States or under some law of the State, Territory, District, or for the organization of offenders so placed under military
other jurisdiction in which the crme or offense may be com. training into disciplinary companies and higher units, organized
iittcd, are punishable by confinement In a penitentiary, in-. as infantry, with noncommissioned officers, except color ser-
cluding persons sentenced to confinement upon conviction by geants, selected or appointed from the enlisted ment assigned
courts-martial or other military tribunals of two or more acts to duty for thit purpose pursuant to the provisions of section
or omissions, any one of which, under the statute or other law 1454 hereof; and mty provide for uniformng, arming, and
hierchibefore mentioned, constitutes or includes a crime or equipping such organizations. (Mar. 4, 1915, c. 143, § 2, 38
offense punishable by confinement in a penitentiary, may be Stat. 1085.)
confined at hard labor, (luring the entire period of confinement . 1457. Remission of unexecuted portions of sentences; resto-
so adjudged, In any United States, State, Territorial, or Dls- ration to duty. Weheniever lie shall deem such action merited
trct penitentiary, or in any other penitentiary directly or the Secretary of War may remit the unexecuted portions of
indirectly under the jurisdiction of the United States; and all the sentences of offenders sent to the United States Disciplinary
poisons sentenced to confinement upon conviction by courts- Barracks for confinement and detention therein, and in addi.
martial or other military tribunals who are not confined In a tion to such remission may grant those who have not been dl.i-
plnitentiary may be confined and detained in the United States charged from the Army an honorable restorattwm to duty, and
Disc:plinary Barracks. (Mar. 4, 1915, c. 143, § 2, 38 Stat. may authorize the reenlistment of those rh. have been dis-
los t.) clrged or upon their written application to that end order
1453. Government and control of Disciplinary Barracks.- their restoration to the Army to complete their respective terms
The government and control of the United States Disciplinary of enlistment, and such application and order of restoration
Barracks and of all offenders sent thereto for confinement and shall be effective to revive the enlistment contract for a period
detention therein shall be vested In Tie Adjutant General of the equal to the one not served under said contract. (Mar. 4,
Army under the direction of the Secretary of War, who shall 1015, c. 143, § 2, 38 Stat. 1085.)
from thie to time make such regulations respecting the same 1458. Branch disciplinary barracics.-The Secretary of War
as may I) deemed necessary, and who shall submit annually may, from time to time, designate alny building or structure
to ('ongress a full statement of the financial and other affairs or any part thereof under the control of the Secretary of War
of said institution for the preceding fiscal year. (Mar. 4, 1915, and pertaining to the Military Establishment as a branch
c 14:1, § 2, 38 Stat. 1085.) disciplinary barracks for the confinement and detention of
1151. Officers, guards, etc.--Tie officers of the United States offenders whom it is Impracticable to send to the United States
D,sclplinary Barracks shall consist of a commandant and such Disciplinary Barracks at Fort Leavenworth, Kansas; and all
subordinate officers as may le necessary, who shall be detailed branch disciplinary barracks and all offenders sent thereto for
by the Secretary of War from the comnissioned officers of the confinement and detention therein shall be subject to the laws
Army at large. In addition to detailing for duty at said respecting the United States Disciplnary Barracks at Fort
Dl-clplinary Barracks such number of enlisted men of the Leavenworth, Kansas, and the offenders sent thereto for con-
Stul Corps and departments as he may deemn necessary, the fiiienilt and detention therein. (Mar. 4, 1915, c. 143, § 2, 38
Secretary of War shall assign a sufficient number of enlisted Stat. 1080.)
men of the line of the Army for duty as guards at said i)isci. 1459. Manufacture of supplies for Army.-The Secretary of
plInary Barracks and as noncommissioned ofilcers of the discI. War shall cause to Ie fabricated at the United States Dis-
plilliy organizations hereinafter authorized. Said guards, cllinary Barracks such supplies for the Army as can be
and also the eulisted men assigned for duty as noncommissioned economically and properly manufactured at the said Discl-
officers of dlisciplnury organizations, shall be detached from plhinary Barracks. (Mar. 3, 1870, c. 182, § 1, 20 Stat. 389.)
the line of tim Army, or enlisted for the purpose; and said 1460. Donation to dishonorably discharged prisoners.-A
guards shall be organized as Infantry, with noncommissioned donation of $10 shall be made to each prisoner discharged
ofllcers, musicians, artilicers, and cooks of the number and otherwise than honorably upon his release from confinement
grades allowed by law for Infantry organizations of like under court-martial sentence involving dishonorable discharge.
strength: P'rovided, That at least one of said guards shall have (Feb. 12, 1925, e. 225, Title I, 43 Stat. 900.)