benefit of the provisions of this act: And provided further, That all applications for relief under this act shall be made to and filed with the Secretary of the Navy Limitation. within the period of five years from and after its passage, and all applications not so made and filed within the said term of five years shall be forever barred, and shall not be received or considered. Repeal. That all acts and parts of acts inconsistent with the Sec. 6, id. provisions of this act are hereby repealed. 1900, 31 Stat. L., That chapter eight hundred and ninety, volume twenty-, Act, May 24, five, of the United States Statutes at Large, entitled 183, c. 550, sec. 1. "An Act to relieve certain appointed or enlisted men of the Navy and Marine Corps from the charge of deser- Navy and Mation," approved August fourteenth, eighteen hundred, Act Aug. 14, and eighty-eight, be, and the same is hereby, revived and charge of deserreenacted. That section five of the said act be, and is hereby, so amended as to remove the limitation of time within which applications for relief may be received and acted upon under the provisions of said act. rine Corps. 1888, removing tion, revived. Sec. 2, id. filing claims removed. Limitation as to Mar. 2, 1889, 25 Stat. L., Charge of de from record of teers. That the charge of desertion now standing on the rolls, Act Mar. and records in the office of the Adjutant General of the 869, c. 390, sec. 1. United States Army against any soldier who served in sertion removed the late war in the volunteer service shall be removed in certain volunall cases where 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 soldier served faithfully until the expiration of his term of enlistment, or until the first day of May, anno domini eighteen hundred and sixty-five, having previously served six months or more, and, by reason of absence from his command at the time the same was mustered out, failed to be mustered out and to receive an honorable discharge, or 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 was prevented from completing his term of enlistment. by reason of such wounds, injuries, or disease. That the Secretary of War is hereby authorized to remove the charge of desertion from the record of any regular or volunteer soldier in the late war upon proper application therefor, and satisfactory proof in the following cases: Sec. 2, id. proof. First. That such soldier, after such charge of desertion Return to duty. was made, and within a reasonable time thereafter, vol Absence while sick or wounded. Minor discharged by order of court. See act Mar. 2, 824. untarily 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 1891, 26 Stat. L.; released or discharged from such service by the order or decree of any court of competent jurisdiction on habeas corpus or other proper judicial proceedings; and in any such case no pay, allowance, bounty, or pension shall be allowed or granted. Sec. 3, id. dier reenlisted. That the charge of desertion now standing on the rolls charge when sol- and 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 his having enlisted in any regiment, troop, or company, or in 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 exceed four months; and that such soldier served faithfully under his reenlistment. Limitation. Sec. 4, id. That whenever it shall appear from the official records without trial, etc. in the office of the Adjutant General, United States Army, 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 expira moved in prose pension tion of his term, such soldier shall not be deemed to rest under any disability because of such desertion in the Disability re prosecution of any claim for pension on account of dis- cuting claims. ease contracted or wounds or injuries received in the line of his duty as a soldier. while absent without leave. That when the charge of desertion shall be removed Sec. 5, id. Pay and bounty. 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: Provided, however, Not entitled That this act shall not be so construed as to give to any such soldier, or, in case of his death, to the heirs or legal representatives of any such soldier, any pay, bounty, or 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. That the Secretary of War be, and he hereby is, authorized and directed to amend the military record of any soldier who 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 cases: Sec. 6, id. on. Mexican War soldier's applica ice. First: That said soldier served faithfully the full term, Length of servof 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. turn. Second. That such soldier, after said charge of de- Voluntary sertion was entered on the rolls, voluntarily returned to his command within a reasonable time and served faithfully until discharged. That 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. re Sec. 7, id. Sec. 8, id. Military record honorable discharge issued. Pensions. That when such charge of desertion is removed under corrected and the provisions of this act, the soldier shall be restored to a status of honorable service, his military record shall be corrected as the facts may require, and an honorable discharge shall be issued in those cases where the soldier has received none; and he shall be restored to all his rights as to pension, pay, or allowances as if the charge of desertion had never been made; and in case of the death of said soldier, his widow or other legal heir shall be entitled to the same rights as in case of other deceased honNo pay while orably discharged soldiers: Provided, That this act shall not be construed to give to any soldier, or his legal representatives or heir, any pay or allowance for any period of time he was absent without leave, and not in the performance of military duty. absent. Sec. 9, id. See acts July 27, 278, and Mar. 2, That all applications for relief under this act shall be filing application. made to and filed with the Secretary of War within the 1892, 27 Stat. L., period of three years from and after July first, eighteen 1895, 28 Stat. L.; hundred and eighty-nine, and all applications not so made and filed within said term of three years shall be forever barred, and shall not be received or considered. That all acts and parts of acts inconsistent with the provisions of this act are hereby repealed. 814. Sec. 10, id. Act Mar. 2, 1891, 26 Stat. L., 824, c. 498. charged by order ceive bounty or pay. That subdivision three of section two of the above entitled act be, and the same is, amended so as to read as follows: Minor dis- "Third. That such soldier was a minor, and was enof court not to re- listed without the consent of his parent or guardian, and was 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." Act July 27, 1892, 27 Stat. L., 278, c. 273. Desertion. Amending sec. That section nine of the act for the relief of certain volunteer and regular soldiers of the late war and the 9, act Mar. 2, 1889. War with Mexico, passed March second, anno Domini eighteen hundred and eighty-nine, be, and the same is hereby, so amended as to extend the time for the limitation for removal. tion of the operation of said section for the period of two years from the first of July, eighteen hundred and ninetytwo. Limitation as to filing applica Act Mar. 2, 1895, 28 Stat. L., 814, c. 181. Desertion. That section nine of the act for the relief of certain volunteer and regular soldiers of the late war and the war with Mexico, approved March second, eighteen hun dred and eighty-nine, be, and the same is hereby, so amended as to remove the limitation of time within which applications for relief may be received and acted upon under the provisions of said act.1 Limitation for filing claims removed. Act Apr. 26, Desertion in feits pension. That in time of war the pay proper of enlisted men 1898, 30 Stat. L., shall be increased twenty per centum over and above the 365, c. 191, sec. 6. rates of pay as fixed by law: Provided, That in war time time of war forno additional increased compensation shall be allowed to soldiers performing what is known as extra or special duty: Provided further, That any soldier who deserts shall, besides incurring the penalties now attaching to the crime of desertion, forfeit all right to pension which he might otherwise have acquired. 110, c. 163, part. That section six of the act entitled "An act for the Act May 11, 1908, 35 Stat. L., better organization of the line of the Army of the United States," approved April twenty-sixth, eighteen hundred and ninety-eight, be amended so as to read as follows: "SEC. 6. That any soldier who deserts shall, besides Penalty for deincurring the penalties now attaching to the crime of desertion, forfeit all right to pension which he might otherwise have acquired." sertion. Present pay, etc., not reduced. That nothing herein contained shall be construed so as to reduce the pay or allowances now authorized by law for any officer or enlisted man of the Army; and all laws or parts of laws inconsistent with the provisions of this Repeal. act are hereby repealed. Joint resolution Stat. L., 1458; 13. Modifying cer to the military soldiers and sail That in all laws approved during the Sixty-first Con- Feb. 27, 1911, 36 gress having for their object the removal of disabilities public resolution accruing from defective records in the military or naval service of the United States, the words "Provided, That, tain laws relating other than as above set forth, no bounty, pay, pension, record of certain or other emolument shall accrue prior to or by reason of the passage of this Act" shall not prohibit or prevent the granting of a pension on an application made after the approval of this Act, and accruing only from the date of said application. ors. Date when service terminates. Sec. 7, Mar. 3, The period of service of all persons entitled to the Sec. 4701, R. S. benefits of the pension-laws, or on account of whose death any person may become entitled to a pension, shall be construed to extend to the time of disbanding the or- 1866, 14 Stat. L., ganization to which such persons belonged, or until their 1 Prior laws as to removal of the charge of desertion standing against Volunteers and Regulars serving during the Civil War were enacted Aug. 7, 1882, 22 Stat. L., 347; July 5, 1884, 23 Stat. L., 119; and May 17, 1886, 24 Stat. L., 51, and reenacted in act Mar. 2, 1889. 8001-12-11 1873, 17 Stat. L 569; sec. 9. June 6, 57. |