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a vested right to the money allotted, and an allottee is not entitled to be paid the amount of an allotment made by a person who deserted or who was dishonorably discharged with forfeiture of all pay and allowances before payment of the allotment could be made. If the allottee failed to collect or negotiate the allotment checks prior to the dismissal or dishonorable discharge of the allotter from the service with forfeiture of all pay and allowances then due, payment of the allotment is not authorized. If, however, payment to the allottee was made between the date of commencement of the unauthorized absence and the date when the allotter was reported as a deserter, the amount so paid should be allowed as an offset in settling the allotter's accounts.

(d) Honorable discharge or relief from active duty. When an allotter is honorably discharged or relieved from active duty within the continental United States (excluding Alaska) his allotments will be discontinued as outlined in AR 355560.1

(e) Retirement. A person entering upon a retired status may, if he desires, continue class E allotments for commercial life insurance and also Class D and N allotments. However, on retirement, all allotments will be discontinued in accordance with the procedure outlined in AR 35-5560.

§ 308.11 Missing, missing in action, beleaguered, beseiged, interned in a neutral country, or captured by the enemy— (a) Notification to dependents. Whenever any person is officially reported to be missing, missing in action, beleaguered, besieged, interned in a neutral country, or captured by the enemy (but not when change occurs from one such status to another) the emergency addressee shall be promptly informed, by the office designated to do so, of the beneficial provisions of the act of March 7, 1942, (56 Stat. 145) as amended, of the regulations governing allotments from pay of such persons, of the information required in or to accompany allotment applications, and of the name and ad

1 Administrative regulations of the War Department relative to notification to allotment office upon death, discharge, release from active duty, or retirement occurring in the United States.

dress of the allotment office to which applications should be directed. The emergency addressee will be requested to notify interested relatives and dependents of the benefits and to advise insurers, or other persons who may have knowledge of life insurance premiums that should be paid by allotment, to communicate information thereof to the allotment office.

(b) Accounts. The pay and allowance accounts of persons absent in a missing status are set up and maintained in the Office of Special Settlement Accounts, 27 Pine Street, New York 5, N. Y. During the period of absence there are credited the pay and allowances due, and for the same period there are charged against such pay and allowances all allotments paid on account of the absent person and all prescribed deductions from pay for family allowances paid on his account. Allotment payments so charged shall be recredited in any case in which it is determined by the Secretary of War, or by such subordinate as he may designate, that such payments were induced by fraud or misrepresentation to which the absent person was not a party.

(c) Effective date of allotments. Such allotments will ordinarily be made effective for the month in which they are granted.

(d) Termination of absence. When the absence of any person in a missing status is terminated by death or finding of death, all allotment and allowance payments will be discontinued and the account closed for settlement. When any such status is terminated by a return to the controllable jurisdiction of the War Department, the person will be advised of the allotments and family allowances in effect which constitute a charge to his account and will be afforded an opportunity to execute such changes therein as he desires. In the absence of discontinuance or changes by him, the allotments and allowances continued or established during the period of his absence will continue in effect.

§ 308.20 Payments of rent; commissioned officers, Army nurses, warrant officers, and enlisted men.

NOTE: For the text of § 308.20 see 10 CFR, Cum. Supp., 38.20.

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CODIFICATION: Paragraph (m) of § 502.6 was revoked by AR 100-62, C5, Nov. 10, 1944, 9 F.R. 14122.

§ 502.10a Rights which may be granted by division engineers. (a) Authority has been delegated by the Secretary of War to division engineers to grant licenses for bus and taxicab service on military reservations upon the recommendation of commanding officers. In the case of an installation under the command of the commanding general of a service command, his approval must be obtained by the division engineer. In the case of an installation utilized by and under the direct command of the Army Air Forces, the written approval of the commanding general of the specific Army Air Forces command having jurisdiction over the installation will be obtained by the division engineer. following policies are published for guidance in granting such licenses:

The

(1) One or more revocable licenses for such operation may be granted by the division engineer, based upon the free competitive proposals of all reputable available companies or individuals.

(2) Transportation license (Military Reservation) (CR Form 121, WD, OC of E) will be used in the preparation of such licenses. These forms will be supplied by the Office of the Chief of Engineers upon request.

(b) None but duly licensed agencies will be permitted to operate in or upon military reservations.

(c) No distinction will be drawn between taxicab and bus transportation.

(d) No taxicab or bus company will be operated as a concessionaire of an Army exchange.

(e) Unless strictly confined to military personnel or civilians employed or resident at a War Department installation as passenger, an exchange is not authorized to operate a taxicab transportation facility nor to compete in any manner with civilian enterprise in such activity. See § 504.5 (a) (24), as to the authorized activities of an Army exchange in connection with taxicab operation.

(f) The operation of a bus transportation facility by an Army exchange will be in accordance with current War Department instructions governing the furnishing of local transportation.

(g) The revocable license will contain no reference to the Army exchange and

will not obligate the exchange to any duties or liabilities. The Army exchange has no connection therewith, and the licensee may not obligate itself to the exchange in any manner under the license. [AR 100-62, C5, Nov. 10, 1944, 9 F.R. 14122]

§ 502.14 Payments. Payments made by private interests for privileges granted by leases, licenses, easements, or permits will be collected by the Chief of Engineers or his duly authorized representative. The initial payment, which will be made at the time the instrument is signed by the grantee, and all deferred payments will be collected by the authorized representative of the Chief of Engineers and will be promptly turned over to the nearest Army disbursing officer with appropriate instructions as to the disposition of such funds, i. e., for credit to "miscellaneous receipts" or to be held as special deposits. Collections will be scheduled on Standard Form No. 1044, Revised (Schedule of Collections), prior to forwarding to the disbursing officer. The Chief of Engineers or his authorized representative will advise at the proper time of the final disposition to be made of funds held as special deposits by preparation and submission of Standard Form No. 1046 Revised (Schedule of Transfers-Special Deposits) or Standard Form No. 1049 (Public Voucher for Refunds) whichever is applicable. All payments made by the grantee will be made payable to the Treasurer of the United States. [AR 100-62, C4, Sept. 19, 1944, 9 F.R. 11930]

§ 502.16a Real estate; claims for rent, damage, and other payments-(a) Scope. The regulations in this section provide a method of investigation, processing, and settlement of claims against the United States for rent, damages, and other payments arising under the terms and conditions, whether express or implied, of leases or other contracts for the use or occupancy of real estate by the War Department or the Army, or arising from the use or occupancy of real estate by the War Department or the Army with the express or implied consent of the owner thereof in the absence of any formal lease or other contract therefor. Utilization of the provisions of these regulations in cases where provisions of regulations referred to in paragraph (b) of this section are also applicable is optional in any case. Utiliza

tion of the provisions of these regulations outside the United States, its territories and possessions, is optional with the commander concerned.

(b) Regulations applicable to particular cases (1) Claims for damage to or loss or destruction of property incident to noncombat activities of the War Department or of the Army. The act of July 3, 1943 (57 Stat. 372; 31 U.S.C., Sup., 223b, 223c) provides for the payment of claims, arising on or after May 27, 1941, for damage to or loss or destruction of real property caused by military personnel or civilian employees of the War Department or of the Army while acting within the scope of their employment, or otherwise incident to noncombat activities of the War Department or of the Army, including claims for damage to real property (but not for rent or other payments) incident to the use and occupancy thereof under a lease, express or implied, or otherwise, and including claims of the foregoing categories arising out of civil works, provided they do not exceed $500 or, if approved in time of war, provided they do not exceed $1,000. See §§ 306.12 to 306.23.

(2) Claims under Article of War 105. Article of War 105 (Sec. 1, Ch. II, act of June 4, 1920; 41 Stat. 808; 10 U.S.C. 1577) provides for the payment, by the offender through stoppage of pay, of certain claims for damage to or loss or destruction of property by persons subject to military law provided such damage, lóss, or destruction is caused by riotous, violent, or disorderly conduct, or acts of depradation, willful misconduct, or such reckless disregard of property rights as to carry an implication of guilty intent. See § 306.25.

(3) Claims for damage to or loss or destruction of property caused by Army forces in foreign countries. The act of January 2, 1942 (55 Stat. 880; 31 U.S.C., Sup., 224d), as amended by the act of April 22, 1943 (57 Stat. 66), provides for the payment of claims for damage to or loss or destruction of real property (but not for rent or other payments) caused by Army forces, or individual members (whether military personnel or civilian employees) thereof, or otherwise incident to non-combat activities of such forces, in a foreign country to public

property located therein or to the privately owned property of inhabitants of such country. See § 306.26.

(c) Procedure-§§ 306.1 to 306.5 applicable. So far as applicable, the procedure set forth in the above paragraphs will be followed as to claims within the provisions of this section. [Pars. 2, 3, 4, AR 100-64, May 22, 1944, 9 F.R. 6250] PRIVATE CEMETERIES

§ 502.24 Private cemeteries-(a) Within boundaries of military reservations owned in fee by United States (1) General. The policy of the War Department is to acquire title to all cemeteries within the boundaries of military reservations owned in fee by the United States whether or not the bodies are to be removed.

(2) Removal of bodies If the cemetery will not interfere with construction, maintenance, and operation of the post, camp, station, or other installation of the War Department, the removal of bodies will not be required. When it has been determined that the cemetery will interfere with the proposed use of the reservation, the division engineer will take action in accordance with existing policies and procedures.

[Preceding subparagraphs, in small type, superseded by following subparagraphs during period covered by this Supplement]

§ 502.24 Private cemeteries—(a) Within boundaries of military reservations owned in fee by United States-(1) General. The policy of the War Department is not to acquire title to all cemeteries within the boundaries of military reservations owned in fee by the United States except where possession is essential to the efficient operation of the reservation or right of access to the cemetery under proper military control is not feasible.

(2) Removal of bodies. Where it be determined that bodies in a cemetery acquired in fee will interfere with construction, maintenance, and operation of the post, camp, station, or other installation of the War Department, the division engineer will take action to remove the bodies in accordance with existing policies and procedures; otherwise the removal of the bodies will not be required, and the cemetery will be maintained and controlled as provided in subparagraph (3) of this paragraph. [Subparagraphs (1) and (2) amended by W.D. Cir. 211, May 27, 1944, 9 F.R. 6583]

(3) Responsibilities for care, maintenance, and control-(i) Fencing, po

licing, and patrolling. Commanding officers are responsible for protection of the cemetery by fencing, policing, and patrolling.

(ii) Permits by commanding officers. Commanding officers are encouraged and authorized to grant permission, whenever practicable, under such rules and regulations as may be deemed advisable, to families, friends, organizations, cemetery associations, or other proper parties to visit the cemetery, conduct religious ceremonies therein, remove bodies interred therein, and to perform maintenance work.

(iii) Rights of burial. There is no legal authority for granting permission for the interment of bodies in private cemeteries, title to which has been acquired by the United States in connection with the establishment of a military reservation.

(iv) Care and maintenance. There is no authority of law for the expenditure of funds for the improvement of such cemeteries. It is the responsibility of the post commander, under the provisions of Army Regulations, to insure that the cemetery is kept in a clean and attractive condition. This responsibility of the post commander will be carried out by the post engineer and will include such maintenance work as may be necessary or incidental to the upkeep of the cemetery, including grounds, lawns, trees, shrubs, plants, roads, walks, drains, fences, and walls.

(b) Within boundaries of military reservations leased by United States. Areas leased by the United States for military purposes may contain private cemeteries. The United States as a general rule does not acquire any rights in such cemeteries unless the cemetery interferes with the administration of the area for military uses. In such cases, the rights of the interested parties are defined in an agreement made by and between the division engineer and the interested parties, upon the recommendation of the commanding officer. A copy of the agreement is furnished the commanding officer for his guidance in administering the area. Commanding officers will provide for protection of the cemetery by fencing, policing, and patrolling when necessary. [W.D. Cir. 64, Feb. 11, 1944, 9 F.R. 1959, as amended by W.D. Cir. 211, May 27, 1944, 9 F.R. 6583]

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AUTHORITY: §§ 504.1 to 504.12 inclusive, issued under R.S. 161; 5 U.S.C. 22.

SOURCE: $504.1 to 504.12, inclusive, contained in AR 210-65, Secretary of War, June 1, 1944, 9 F.R. 7557.

§ 504.1 Purposes. Exchanges are established for the following purposes: (a) To supply the persons to whom sales are authorized (§ 504.8) at reasonable prices with articles of necessity and convenience not supplied by the Government except as provided in § 504.5 (b) (5).

(b) To operate or manage all revenueproducing activities at a post other than: (1) Quartermaster activities,

(2) Army Motion Picture theaters as defined in Army Regulations.

(3) Revenue-producing activities of sundry funds and

(4) Such minor or incidental revenueproducing activities of post welfare funds as defined in Army Regulations as may be conducted by the central post, headquarters, unit, or hospital funds.

(c) To provide or make available management or procurement service for all food or feeding facilities other than organized military messes or those supplied by the quartermaster.

(d) To make available from profits, subject to such limitations as are hereinafter prescribed, funds which may be used to afford to military personnel additional facilities for comfort, recreation, and amusement, and to contribute to activities which will foster and increase the physical and spiritual welfare of military personnel. [Par. 3]

§ 504.2 Establishment. The establishment or operation as an independent civilian enterprise of any of the activities which an exchange is authorized to op

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