§ 125 TITLE 14.

-OA9T GUARD

125. Surgeon; pay and allowances.-A surgeon, with the rank third day: Providcd, That all punishments Inflicted by the
of lieutenant, after fifteen years' service in the Coast Guard commander or by his order, except reprimand, shall be fully'
shall have the pay and allowances of. a lieutenant commander. entered upon the ship's log. (May 26, 1906, c. 2550, § 2, 34
(Apr. 16, 1908, e. 145, § 7, 35 Stat. 02.) Stat. 200.)
126. Travel on Government-owned vessels.-Officers of the 143. Coast Guard courts; composition; jurisdiction as to
Coast Guard performing travel by Government-owned vessels crimes and punishment; approval of sentence by President or
for which no transportation fare is charged shall only be Secretary of Treasury.-Offeises against the discipline of the
entitled to reimbursement of actual and necessary expenses Coast Guard too grave hi character to be adequately dealt
Incurred. (Jan. 22, 1925, e. 87, Title I, 43 Stat. 772.) with directly by the commanding officer, as hereinbefore pro-
127. Rank, pay, or allowances unaffected by Act of January vided, may be punished by Coast Guard courts, to bV convened
12, 1923, c. 25.-Nothing contained in this title, sections 10, 11, by or under the direction of the Secretary of time Treasury.
12, and 18, shall be construed to reduce the rank, pay, or Such courts shall consist of not less than three commissioned
allowances of any commissioned officer of the Coast Guard as officers of the Coast Guard, and slall, under rules approved
provided by law prior to January 12, 1923. (Jan. 12, 1923, by the Secretary of the Treasury, be governed in their organi-
c. 25, § 5, 42 Stat. 1131.) zation and procedure substantially in accordance with naval
128. Officers' pay accounts; verification.-It shall not be nec- courts, but the jurisdiction of Coast Guard courts shall be
essary for any coninksioned officer of the Coast Guard to limited to the following offenses, nalely: Disobeying lawful
make oath to his pay accounts. (June 23, 1906, c. 3520, § 5, order of superior officer, refuing to obey lawful order of
34 Stat. 453.) superior officer; striking, assaulting, or atteipting or threat-
129. Allotment of pay.-The Secretary of the Treasury is ening to strike or assault a superior officer while in tile execu-
authorized to permit officers and others of the Coast Guard to tion of the duties of his office; drunkenness on duty; drunken-
nmake allotments from their pay, under such regulations as ness; gambling; misappropriation of mess funds; misuse of
he may prescribe, for the support of their families or rela- Government property or supplies; fraudulently signing
tives, for their own savings, ar for other proper purposes, vouchers; theft in an amount under $100; scandalous conduct
during such time as they may be absent at sea, .on distant lending to the destruction of good morals; desertion; absence
fluty, or under other circunstances warranting such action. front dity without leave or after leave has expired; neglect of
(June 11, 1896, c. 420, § 1, 29 Stat. .121.) (luty ; conluet unbecoming all officer and a gentlemntai ; lallcious
or willful destructfon of public property ; aiding or enticing others
Chapter 5.-OFFENSES OF OFFICEHS AND ENLISTED to desert; smuggling liquor on board a vessel of the Colast
Guird; cruelty toward or oppression or maltreatment of ally
heC. stibolinate person in the service; using obscene or abusive
141. " Deck cote is." language; violating or refusing obedience to tny lawful order
142. Limitation to punishment by colon iod,r of vessel. or regulation issued by the Secretary of the Treasury.or the
113. Coast Guard courts; composition; jurisdiction as to crimes and
uniahunent; approval of sentence by President or Secretary of President. Such courts shall have power to impose upon a
Treasury. comnissioned officer none other than tile following punish-
144. Offenses not within Jurisdiction of Coast Guard tribunals; turn- ments, namely: Sumnniry dismissal front the service; suspen-
Ing offenders over to civil courts. sion from duty fori a period of two years or aly part thereof
145. Concurrent Jvrisdleton of civil courts; turning over offenders. upon reduced pay, which shall ii no case be less than one-
146. Place of Imprisonment.
147. Deserters; arrest ; rewards ; reenlistinent. half nor more than three-fourths of the duty. pay of such
officer; reduction of rank in his own grade; retention of his
Section 141. "Deck courts."-" )eck courts," to consist of present number on the officihl register for a specified tine;
one commissioned officer only, may be ordered by or under the Imprisonment for a period not to exceed twt yearb;
direction of the Secretary of the Treasury for the trial of official reprimand. The only punishments that may be ha-
enlisted men in the Coast Guard for minor offenses now triable posed by such courts upon any person in the Coast Guard-
by Coast Guard courts; and said courts shall be governed in other thian a commissioned officer shall be the following,
their organization and procedure substantially in accordance namely: Dishonorable discharge; forfeiture of not to exceed
with naval "deck courts," and shall have the same power to two months' pay; Iprisonnent on land for a period not to
impose punishment. (June 5, 1920, c. 235, § 1, 41 Stat. 880.) exceed one year; confinement aboard ship not to exceed, one
142. Limitation to punishment by commander of vessel.-No month; confinement in single irons, oil bread and wate,', or
commander of a vessel of the Coast Guard shall Inflict upon on diminished rations, not exceeding thirty days, but a fall
any conmissioned or warrant officer under his coniniand any ration shall in all cases be given at least every third day;
other putirshment than private reprimand, suspension froni confinement inI single Irons; reduction to next inferior rating;
duty, arrest, or coifinienmit, and such suspension, ar- deprivation of liberty for a period not to exceed three months;
rest, or confinement shall not continue longer than tell extra duties, and tle imnposing of these punislunent.s will be
days, unless a further period be necessary to bring the offender regulated in accordance with rules prescribed by the Secretary
to trial; nor shall lie Inflict or cause to be inflicted upon any of the Treasury. A commissioned officer of the said service
oitlier person und(er his coniniand for a single offense, or at may e designated by tihe convening authority as official prose-
any one time, ainy other punisbment than confinement, with cuter to prosecute the cas6 in th interest of the Government,
or without single Ire-, 'r board ship; confinement, ol bread and whose general powers and duties will be prescribed by
and water, with or without single irons, on board ship; dep- the Secretary of the Treasury. The proceedings, flndings, and
rivation of liberty on shore for a period not exceeding three sentences of Coast Guard courts shall be subject to review by
months; extra duties, and, in case of absence without leave the Secretary of the Treasury, as the convening authority, and
falling short of desertion, forfeiture of two days' pay for each the records of such courts shall be filed in the division of
day of unauthorized absence: Providcd, That such confinement Coast Guard, Treasury Department, and no sentence of such
shall not continue longer than tea days, unless further con- court shall be carried into effect until approved by the said
finormnt b necessaly to Lh-rini the offender to trial, and, Secretary: Provided,Thai in the case of a commissioned officer
when on bread and water, a full ration shall be served every, a sentence of dismissal shall not be carried into effect until ap-
 TITLH I/I.-COAST GUARD
proved by the President of the United States. (May 26, 1000,
e. 2550, § 3, 31 Stait. 200.)
142. Offenses not within jurisdiction of Coast Guard tribu-
nals; turning offenders over to civil courts.-For offenses
against the lows of ti United States other than those speci-
lied in the foregoing six sections, offenders shall he turned
over to the civil authorities for trhd. (May 20, 1000, c. 2550,
§ 7, 34 Stat. 201.)
145. Concurrent jurisdiction of civil courts; turning over
offenders.-The jnrisdl.ton conferred by the foregoing five
sections for the punishnient of offenses against the discipline
of the Coast (uard shall not be regardedt as exclusive, but of-
fenders nay, in the discretion of the Secretary of the Treasury,
be turned over to the civil authorities for trial by any court
having jurisdiction of the offense. (May 26, 1900, c. 2550, §
(, 3-i Stit. 201.)
116. Place of imprisonment.-l'h Secretary of the Treasury
muay designlie, Is tile place of execution of tie sentence of a
Coast Gunrd court involving Iinprlsonnielt, tiny prison or peni-
tentiary hlint recelves Federal prisoners. (May 26, 19006, c.
2551, , 4, 34 Stitt. 201.)
147. Deserters; arrest; rewards; reenlistnent.-It shall he
l awful for lht (.Ol1omma(dlg ollicer of a vessel of Int 'o st
Guaord to al preld all(ad arrest or eaiiso to he alpreliendel nd
Snreste(1, by (ie for(e lndr his colill iad, it deserher fron (lh'
'ost G uard wherever found, (od shall have authority call
upOll all persons to assist III such arrest, anld all persons so
assistling are hereliy Invested with the powera adl authorily of
deputy United States inirslols, and shall deliver the offenler
oil board of tie vessel fromn whlich he deserted : Prorhid, That
i rewaid for the apprehension an( delivery of a desviter from
lie Coast Guard as lirelInbefore provilled, not to exceed $15,
ny be offered by the colimmanding ollieer of the vessel from
which t he lperson deserted, uni this reward, or afy part thereof,
may be deducted and paild front nloney flue s l1d deserter:
Provid('d, That no person who Ires deserted from tine Coast
Guard shall afterwards lie employed It sal service, or enlisted
In fifty olher ntllltary or naval service under tile United States,
unless lie shall have delivered himself aboard the vessel from
which lie deserted, or been apprehiendel, and the dlisahlilly
shall have ieen remioved 11y a board of comnnissloned officers
of the said service convened for a consideration of (lie ('use,
and the action of the said board shall have bieen approved by
the Secretary of tie Treasury. (May 26, 1900, c. 2556, § 5, 34
Stat. 201.)
Chapter G.-RETIREMENT AND DISABILITY; ALL4 OW-
ANCE TO DEPENDENTS.
See.
161. Commandant; retirement; rank and pay.
162. Englneer In chief; retirement; rank flnd pay.
163. Pay and allowances while on active duty.
164. Rtecall to active duty during wvar or emergency generally.
165. Tenporary advancement In runk while on active duty.
100. Promotion for active duty after Juno 30, 1022.
167. Pay of retired offlicers generally.
108. Disabilities due to vicious habits.
109. Disabilitles In course of duty or from age; assignment to special
duties.
170. Retiring board; proceedings generally.
171. Retirement for failure in physical examination for promotion.
172. Retirement for disability generally.
17". Retirement on account of age.
174. Ietlrenment of commissioned oflleers on forty yours' length of serv-
ice; advance In rank.
175. tetlrement o1 thirty years' service; pay; assignment to special
duties.
176. Pensions generally.
177. Disabilities received In cooperation with Navy; pension.
Section 161. Commandant; retirement; rank and pay.-Any
officer who shall after January 12, 1023, serve as commandant
§ 168
shall, when retired, be retired with lhe rank of commandant
and with the pay of a rear admiral (lower half) of the Navy
on the retired list. (Jan. 12, 1923, e. 25, § 2, .12 Stat. 1130.)
162. Engineer in chief; retirement; rank and pay.-An
officer who shall after January 12, 1923, serve as engineer in
thine shall, when retired, be retired with tlhe rank of engineer
in ciefr and with lie pay of a captain (engineering) on tie
retired list. (Jan. 12, 1023, c. 25, § 2, '12 Slat. 1130.)
163. Pay and allowances while onl active duty.--lletlred
offleers of the Coast Guard below tle grade of brigadiler gen-
eral or coininodore find retired warrant ohfl'ers and enlisted
tie, shail, when oniactive duty, re(elve full pay inndallow-
ances. (Jane 10, 1922, c. 212, § 17, 42 Stat. 632; iiy 31, 1921,
c. 221, § 6, 43 Stat. 252.)
164. Recall to active duty during war or emergency gener-
ally.-DIurlng the exlstence of war oi' of a national enmergency
declared by (l( P'resiilent to exist, tiny conmissioned or war-
rant officer of the Coast Guard of lhe United States oi the
retlied list 1may, in tie disiretion of tie Secretary of tile
Navy, be ordered to 11clive (lillIt sea )' (oil shore; i fifty
retired off'er performing such active du3ty i (11e m of war or
national enmrgency, declaired as aforesaid, shall le entitled
to promotion oil tie retired list to (lie grade or rank, not
above t1t of Ileutennt coinmndaler 1i tie ('0oast (I'ard,and
slif1 lherenfler receive tie ptro' finldallowances thereof, wh'Ih
]iis total fictive service as fill officer both prior ad1(1 subsequent
tio retirelment, lii the nll1ienr rendered by hii, woiild have
elnabled llin to atlh Ii (111liecourse of pronton liit(] stieh
service been rendered continuou0sly on the active list dilllng
fle period of (lie lost palt, except as provihed Inl lie follow-
Ing section. (July 1, 1918, e. 114, .10 Stat. 717.)
165. Temporary advancement in rank while on active duty.-
luring tie existence of war or of it national emnergency, Ie-
clared its aforesiId, a3llycolnissilond or r1"alit 11flicer of
the Coast Gullrd of tile United States on tie retired list,
while oii fictive du(ty, ainyle temporarily advanced to and
comlissioned lin such higher grade or rank on the retired list,
not above that of lieutenant conninaInder in tile Coast Guard,
as the Preshlent may (letermie, and any officer so advanced
shall, while oi active duty, be entitled to the same pay and
allowances us officers of like grade or rank on lhe active list:
'rovided, That ainy suil commissioned or warrant otfier who
has been so temporarily advanced in grade or rank shall,
1pon his relief from active duty, or in tiny case uot 1ltter
tian six months after tile termination of the war or of tile
national emnergency, declared as aforesaid, revert to the grade
or rank ol the retired list and to the pay and allowanc- statu4
which lie would have 1el hd lie not been so temnporarily iiil-
vanced: 'rovided futi her, That nothing In (his or t(e see-
0nd preceding section sliall operate to reduce tile ly lilt(]
allowances now allowed by law to retired otlieers. (.lly), 1,
1118, e. 114, 40 Stat. 717.)
166. Promotion for active duty after June 30, 1922.-Ailve
duty performed after June 30, 1122, by l officer on the refired
list or Its equivalent shall not entitle such oIlcer to proioth1(1.
(Juno 10, 1922, c. 212, § 17, 42 Stat. 632; May 31, 1924, e. 22.1,
§ 6, 43 Stat. 252.)
167. Pay of retired officers generally.-Ali officeng borne
upon the retired list prior to April 12, 1902, or thereafter, shnl
receive 75 per centiln of tie duty pay, salary, and Increase of
the rank upon which they have been or may be reti'ed: Pro.
viaed, That no longevity increase of pay shall le allowed for
any length of service accruing after retirement. (Apr. 12, 1902,
e. 501, § 9, 32 Stat. 101.)
168. Disabilities due to vicious habits.-When a board finds
that an officer Is incapacitated for active service, aiid f(it such
Incapacity Is the result of his own vicious habits and not due