Relative rank SEC. 1603. The officers of the Marine Corps shall be, in relation to rank, on the same footing as officers of similar grades in the Army, with the Army.. [See 1466, RANK AND PRECEDENCE, Part I.] 30 June, 1834, s. 4, v. 4, p. 713. June 8, 1880. Judge advo Office in the That the President of the United States be, and he is hereby, authorized to appoint, for the term of four years, by and with the advice and consent of the Senate, from the officers of the Navy or the Marine Corps, cate-general. a judge-advocate-general of the Navy, with the rank, pay, and allowances of a captain in the Navy or a colonel in the Marine Corps, as the case may be. And the office of the said judge-advocate-general shall be in the Navy Department, where he shall, under the direction of the Navy Departm't. Secretary of the Navy, receive, revise, and have recorded the proceedings of all courts-martial, courts of inquiry, and boards for the examination of officers for retirement and promotion in the naval service, and perform such other duties as have heretofore been performed by the solicitor and naval judge-advocate-general. [See note, page 15, Part I.] 8 June, 1880, v. 21, p. 164, ch. 129. Brevets. SEC. 1604. Commissions by brevet may be conferred upon commis- Title 15, Chap. 9. sioned officers of the Marine Corps in the same cases, upon the same conditions, and in the same manner as are or may be provided by law for officers of the Army. The following are the sections relating to the conferring of brevets Title 14, Chap. 1. in the Army: SEC. 1209. The President, by and with the advice and consent of the Senate, may, in time of war, confer commissions by brevet upon commissioned officers of the Army, for distinguished conduct and public service in presence of the enemy. 6 July, 1812, s. 4, v. 2, p. 785. 1 March, 1869, s. 2, v. 15, p. 281. SEC. 1210. Brevet commissions shall bear date from the particular action or service for which the officers were brevetted. 1 March, 1869, s. 2, v. 15, p. 281. SEC. 1211. Officers may be assigned to duty or command according to their brevet rank by special assignment of the President; and brevet rank shall not entitle an officer to precedence or command except when so assigned. 16 April, 1818, s. 1, v. 3, p. 427. 3 March, 1869, s. 7, v. 15, p. 318. SEC. 1212. No officer shall be entitled, on account of having been brevetted, to wear, while on duty, any uniform other than that of his actual rank; and no officer shall be addressed in orders or official communications by any title other than that of his actual rank. 15 July, 1870, s. 16, v. 16, p. 319. Brevets. SEC. 1264. Brevets conferred on commissioned officers shall not entitle Title 16, Chap. 3. them to any increase of pay. 3 March, 1863, v. 12, p. 758. 3 March, 1865, s. 9, v. 13, p. 488. Officers of the Army shall only be assigned to duty or command ac- 3 March, 1883. cording to their brevet rank when actually engaged in hostilities. 3 March, 1883, s. 1, P. E. L., p. 457. SEC. 1605. Any officer of the Marine Corps may, by and with the ad- Title 15, Chap. 9. vice and consent of the Senate, be advanced not exceeding thirty num- Advancement bers in rank, for eminent and conspicuous conduct in battle or extra- in number. ordinary heroism. 24 Jan., 1865, s. 1, v. 13, p. 424. 21 Apr., 1864, s. 6, v. 13, p, 54. Promotion when grade is SEC. 1606. Any officer who is nominated to a higher grade by the provisions of the preceding section shall be promoted, notwithstand- full. ing the number of said grade may be full, but no further promotion Promotion for gallantry. Enlistments. Oath. Title 14, Chap. 5. Title 15, Chap. 9. Exemption from arrest. Companies and detachments. Title 15, Chap. 9 shall take place in that grade, except for like cause, until the number is reduced to that provided by law. 24 Jan., 1865, s. 2, v. 13, p. 424. SEC. 1607. Any officer of the Marine Corps may, by and with the advice and consent of the Senate, be advanced one grade, if, upon recommendendation of the President by name, he receives the thanks of Congress for highly distinguished conduct in conflict with the enemy, or for extraordinary heroism in the line of his profession. 16 July, 1862, s. 9, v. 12, p. 584. 24 Jan., 1865, s. 2, v. 13, p. 424. SEC. 1608. Enlistments into the Marine Corps shall be for a period not less than five years. 11 July, 1870. Res. 106, v. 16, p. 387. NOTE.-It is not in the power of the Secretary [of War] to suspend the enlistment of a soldier, retaining the right to resume his proper control over him as an enlisted man at any definite or indefinite period. He may discharge him from the service according to the contract which is made by enlistment, but the right to suspend the contract does not exist upon the part of the Secretary, even with the consent of the soldier. To use the language of Attorney-General Clifford (Op. 4, 538), The Executive Department has discretionary authority to discharge before the term of service has expired, but has no power to vary the contract of enlistment.' Op. XV, 362, Devens, Sept. 4, 1877. NOTES.-Enlisted men serving within the United States can be discharged by order of the commandant on expiration of enlistment, in pursuance of the sentence of a general or summary court-martial, or by reason of unfitness for service from causes properly ascertained. Special discharges are not issued by the commandant except in cases of urgent necessity, and when, in his opinion, such discharge will not be prejudicial to the interests of the service. The regulations for the recruiting service of the Army are applied, as far as practicable, to the recruiting service of the Marine Corps. No person is enlisted or re-enlisted other than as private, drummer, fifer, or apprentice. Marines will not be enlisted nor discharged on foreign stations. SEC. 1609. The officers and enlisted men of the Marine Corps shall take the same oaths, respectively, which are provided by law for the officers and enlisted men of the Ariny. 11 July, 1798, s. 4, v. 1, p. 595. Oath for enlisted men. SEC. 1342, ART. 2. "I, A B, do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America; that I will serve them honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the President of the United States, and the orders of the officers appointed over me, according to the rules and articles of war." This oath may be taken before any commissioned officer of the Army. 29 January, 1813, s. 13, v. 2, p. 796. SEC. 1610. Marines shall be exempt, while enlisted in said service, from all personal arrest for debt or contract. 30 June, 1834, s. 3, v. 4, p. 713. 11 July, 1798, s. 5, v. 1, p. 595. SEC. 1611. The Marine Corps may be formed into as many companies or detachments as the President may direct, with a proper distribution of the commissioned and non-commissioned officers and musicians to each company or detachment. 11 July, 1798, s. 1, v. 1, p. 594. SEC. 1616. Marines may be detached for service on board the armed vessels of the United States, and the President may detach and appoint, Service on for service on said vessels, such of the officers of said corps as he may deem necessary. armed vessels. Not to com. 11 July, 1798, ss. 1, 3, v. 1, p. 595. 1 July, 1797, 8. 4, v. 1, p. 523. SEC. 1617. No officer of the Marine Corps shall exercise command over mand yards or any navy-yard or vessel of the United States. vessels. Marines as landsmen. 30 June, 1834, s. 4, v. 4, p. 713. SEC. 1618. The President may substitute marines for landsmen in the Navy, as far as he may deem it for the good of the service. 3 March, 1849, s. 1, v. 9, p. 377. SEC. 1619. The Marine Corps shall be liable to do duty in the forts Duty on shore. and garrisons of the United States, on the sea-coast, or any other duty on shore, as the President, at his discretion, may direct. 11 July, 1798, s. 6, v. 1, p. 596. SEC. 1620. The President is authorized to prescribe such military Regulations for regulations for the discipline of the Marine Corps as he may deem exdiscipline. pedient. 30 June, 1834, s. 8, v. 4, p. 713. SEC. 1621. The Marine Corps shall, at all times, be subject to the laws, Laws and reguand regulations established for the government of the Navy, except lations to which subject. when detached for service with the Army by order of the President; and when so detached they shall be subject to the rules and articles of war prescribed for the government of the Army. 30 June, 1834, s. 2, v. 4, p. 713. 11 July, 1798, s. 4, v. 1, p. 595. Post traders. Every military post may have one trader, to be appointed by the Sec- 24 July, 1876. retary of War, on the recommendation of the council of administration, approved by the commanding officer, who shall be subject in all respects to the rules and regulations for the government of the Army. 24 July, 1876, v. 19, p. 97. NOTES.-The Secretary of the Navy determines at what marine posts traders shall be allowed, and appoints them on the recommendation of the council of administration, formed under Army regulations, approved by the commanding officers of the post and the commandant of the station. Post traders are governed by the Army regulations, and such orders as the commandant of the Marine Corps may issue. They cannot keep, have, or sell spirituous liquors.-Order of the Secretary of the Navy, March 16, 1883. Post traders are subject to the regulations of the Army applicable to the occupation or business carried on by them, in like manner, and to the same extent, that sutlers were.-Op. XVI, 658, Feb. 2, 1880. Phillips. Sec. 1624. SEC. 1624, ART. 10. Any commissioned officer of the Navy or Marine Title 15, Chap.10. Corps who, having tendered his resignation, quits his post or proper duties without leave, and with intent to remain permanently absent therefrom, prior to due notice of the acceptance of such resignation, shall resignation. be deemed and punished as a deserter. by Retirement. SEC. 1622. The commissioned officers of the Marine Corps shall be re- Title 15, Chap. 9. tired in like cases, in the same manner, and with the same relative conditions, in all respects, as are provided for officers of the Army, except as is otherwise provided in the next section. 3 Aug., 1861, ss. 15, 16, 17, v. 12, p. 289. 15 July, 1870, s. 4, v. 16, p. 317. SEC. 1623. In case of an officer of the Marine Corps, the retiring board shall be selected by the Secretary of the Navy, under the direction of the President. Two-fifths of the board shall be selected from the Medical Corps of the Navy, and the remainder shall be selected Retiring board, how composed. Title 14, Chap. 2. Retirement on from officers of the Marine Corps, senior in rank, so far as may be, to the officer whose disability is to be inquired of. 3 Aug., 1861, 8. 17, v. 12, p. 289. NOTE.-Retirement in the Marine Corps is governed by secs. 1622, 1623, R. S. ; i. e., officers are to be retired in like cases and in the same manner and "with the same relative conditions in all respects" as officers of the Army. Wholly retired, to receive one year's pay and emoluments; otherwise retired, 75 per cent. of the pay of the "actual rank" held by them at the time of retirement.— Op. XV, p. 442, Devens, Jan. 31, 1878. Welles case. An officer of the Marine Corps is not subject to the requirements of sec. 1493 (relating to the promotion of officers of the Navy) on coming up for promotion.-Op. June 16, 1881, MacVeagh, Major Houston's case. The following sections relate to retirement in the Army: SEC. 1243. When an officer has served forty consecutive years as a own application. commissioned officer, he shall, if he makes application therefor to the President, be retired from active service and placed upon the retired list. When an officer has been thirty years in service, he may, upon his own application, in the discretion of the President, be so retired, and placed on the retired list. [See 30 June, 1882, and 3 March, 1883, post.] After 45 years, or when 62. 30 June, 1882. Retirement af 3 Aug., 1861, s. 15, v. 12, p. 289. 15 July, 1870, 8s. 4, 5, v. 16, p. 317. SEC. 1244. When any officer has served forty-five years as a commissioned officer, or is sixty-two years old, he may be retired from active service at the discretion of the President. [See 30 June, 1882, and 3 March, 1883, post. ] 17 July, 1862, s. 12, v. 12, p. 596. On and after the passage of this act when an officer has served forty years either as an officer or soldier in the regular or volunteer service, ter 40 years ser- or both, he shall, if he make application therefor to the President, be vice on own ap- retired from active service and placed on the retired list, and when an plication. officer is sixty-four years of age, he shall be retired from active service Retirement and placed on the retired list. compulsory at 64 years of age. 3 March, 1883. For disability. 30 June, 1882, chap. 254, s. 1, P. E. L., p. 118. Nothing contained in the above "shall be so construed as to prevent, limit or restrict retirements from active service in the Army, as authorized by law in force at the date of the approval of said act," retirement under the provisions thereof "being in addition to those theretofore authorized by law." 3 March, 1883, chap. 93, s. 1, P. E. L., p. 457. SEC. 1245. When any officer has become incapable of performing the duties of his office, he shall be either retired from active service, or wholly retired from the service, by the President, as hereinafter provided. 3 Aug., 1861, s. 16, v. 12, p. 289. Board, and SEC. 1247. The members of said board shall be sworn in every case powers and du- to discharge their duties honestly and impartially. ties of. SEC. 1248. A retiring board may inquire into and determine the facts touching the nature and occasion of the disability of any officer who appears to be incapable of performing the duties of his office, and shall have such powers of a court-martial and of a court of inquiry as may be necessary for that purpose. SEC. 1249. When the board finds an officer incapacitated for active service, it shall also find and report the cause which, in its judgment, has produced his incapacity, and whether such cause is an incident of service. SEC. 1250. The proceedings and decision of the board shall be transmitted to the Secretary of War, and shall be laid by him before the President for his approval or disapproval and orders in the case. SEC. 1251. When a retiring board finds that an officer is incapacitated for active service, and that his incapacity is the result of an incident of service, and such decision is approved by the President, said officer shall be retired from active service and placed on the list of retired officers. SEC. 1252. When the board finds that an officer is incapacitated for active service, and that his incapacity is not the result of any incident of service, and its decision is approved by the President, the officer shall be retired from active service, or wholly retired from the service, as the President may determine. The names of officers wholly retired from the service shall be omitted from the Army Register. SEC. 1253. Except in cases where an officer may be retired by the Officers entitled President upon his own application, or by reason of his having served to a hearing. forty-five years, or of his being sixty-two years old, no officer shall be retired from active service, nor shall an officer, in any case, be wholly retired from the service, without a full and fair hearing before an Army retiring board, if, upon due summons, he demands it. 3 Aug., 1861, s. 17, v. 12, p. 290. SEC. 1254. Officers hereafter retired from active service shall be re- Rank. tired upon the actual rank held by them at the date of retirement. [See March 3, 1875.] 10 June, 1872, v. 17, p. 378. 3 March, 1875, v. 18, p. 512. SEC. 1255. Officers retired from active service shall be withdrawn Status. from command and from the line of promotion. SEC. 1256. Officers retired from active service shall be entitled to Rights and liabilities. wear the uniform of the rank on which they may be retired. They shall continue to be borne on the Army Register, and shall be subject to the rules and articles of war, and to trial by general court-martial for any breach thereof. 3 Aug., 1861, s. 18, v. 12, p. 290. SEC. 1257. When any officer in the line of promotion is retired from active service, the next officer in rank shall be promoted to his place, according to the established rules of the service; and the same rule of promotion shall be applied, successively, to the vacancies consequent upon such retirement. Ibid., s. 16. Vacancies. SEC. 1274. Officers retired from active service shall receive seventy- Title 14, Chap. 3. five per centum of the pay of the rank upon which they are retired. [See Pay. post, March 3, 1875.] 15 July, 1870, s. 24, v.16, p. 320. 3 March, 1875, v. 18, p. 512. NOTE.-An officer of the Army who is "retired from active service" is still in the military service of the United States, and, in addition to the percentage of pay of the rank on which he was retired, is entitled to the ten per cent. allowed by R. S. 1262, 1263 for each term of five years service.-Otto 105, 244, Tyler v. U.S. C. C. XVI, 223. See note under 1267, p. 116. SEC. 1275. Officers wholly retired from the service shall be entitled Wholly retired. to receive, upon their retirement, one year's pay and allowances of the highest rank held by them, whether by staff or regimental commission, at the time of their retirement. 3 Aug., 1861, s. 17, v. 12, p. 290. See OP. XV, That all officers of the Army who have been heretofore retired by March 3, 1875. reason of disability arising from wounds received in action shall be Rank and pay considered as retired upon the actual rank held by them, whether under certain in the regular or volunteer service, at the time when such wound conditions. was received, and shall be borne on the retired list and receive pay hereafter accordingly; and this section shall be taken and construed to include those now borne on the retired list placed upon it on account of wounds received in action: Provided, That no part of the foregoing act shall apply to those officers who had been in service as commissioned officers twenty-five years at the date of their retirement; nor to those retired officers who had lost an arm or leg, or has an 83, 199, and 407. arm or leg permanently disabled by reason of resection, on account of wounds, or both eyes by reason of wounds received in battle; and every such officer now borne on the retired list shall be continued thereon notwithstanding the provisions of section two [one], chapter thirtyeight, act of March thirty, eighteen hundred and sixty-eight [§ 1223]: And be it also provided, That no retired officer shall be affected by this act, who has been retired or may hereafter be retired on the rank held by him at the time of his retirement; and that all acts or parts of acts inconsistent herewith be, and are hereby, repealed. 3 March, 1875, s. 2, v. 18, p. 512. 11181-8 |