Puslapio vaizdai
PDF
„ePub“

UNIFORM.

1010a. Unlawful for unauthorized persons to wear, of Army, Navy, or Marine Corps.-It shall be unlawful for any person not an officer or enlisted man of the United States Army, Navy, or Marine Corps to wear the duly prescribed uniform of the United States Army, Navy, or Marine Corps, or any distinctive part of such uniform, or a uniform any part of which is similar to a distinctive part of the duly prescribed uniform of the United States Army, Navy, or Marine Corps. Sec. 125, Act of June 3, 1916 (39 Stat. 216).

1010b. Same-Not applicable to certain organizations and persons. The foregoing provision shall not be construed so as to prevent officers or enlisted men of the National Guard from wearing, in pursuance of law and regulations, the uniform lawfully prescribed. to be worn by such officers or enlisted men of the National Guard; nor to prevent members of the organization known as the Boy Scouts of America, or the Naval Militia, or such other organizations as the Secretary of War may designate,' from wearing their prescribed uniforms; nor to prevent persons who in time of war have served honorably as officers of the United States Army, Navy, or Marine Corps, Regular or Volunteer, and whose most recent service was terminated by an honorable discharge, muster out, or resignation, from wearing, upon occasions of ceremony, the uniform of the highest grade they have held by brevet or other commission in such Regular or Volunteer service; nor to prevent any person who has been honorably discharged from the United States Army, Navy, or Marine Corps, Regular or Volunteer, from wearing his uniform from the place of his discharge to his home, within three months after the date of such discharge; nor to prevent the members of military societies composed entirely of honorably discharged officers or enlisted men, or both, of the United States Army, Navy, or Marine Corps, Regular or Volunteer, from wearing, upon occasions of ceremony, the uniform duly prescribed by such societies to be worn by the members thereof; nor to prevent the instructors and members of the duly organized cadet corps of a State university, State college, or public high school offering a regular course in military instruction from wearing the uniform duly prescribed by the authorities of such university, college, or public high school for wear by the instructors and members of such cadet corps; nor to prevent the instructors and

1

Held, that, as the organizations that are expressly named as excepted are either military or quasi-military, and in view of the rule of associated words, it was the intention of Congress that the Secretary of War's authority to designate other organizations should be limited to those of a similar character, and that the Secretary of War is, therefore, not authorized to designate the Army Young Men's Christian Association as an organization exempt from the provsions of section 125 of the national-defense act. (War Dept. Bull. 3, Jan. 19,

members of the duly organized cadet corps of any other institution. of learning offering a regular course in military instruction, and at which an officer or enlisted man of the United States Army, Navy, or Marine Corps is lawfully detailed for duty as instructor in military sicence and tactics, from wearing the uniform duly prescribed by the authorities of such institution of learning for wear by the instructors and members of such cadet corps; nor to prevent civilians attendant upon a course of military or naval instruction authorized and conducted by the military or naval authorities of the United States from wearing, while in attendance upon such course of instruction, the uniform authorized and prescribed by such military or naval authorities for wear during such course of instruction; nor to prevent any person from wearing the uniform of the United States Army, Navy, or Marine Corps in any playhouse or theater or in movingpicture films while actually engaged in representing therein a military or naval character not tending to bring discredit or reproach upon the United States Army, Navy, or Marine Corps.1 Id.

1010c. Same-Uniform for the National Guard, military societies, and instructors or members of cadet corps to bear distinctive mark or insignia. The uniform worn by officers or enlisted men of the National Guard, or by the members of the military societies or the instructors and members of the cadet corps referred to in the preceding proviso shall include some distinctive mark or insignia to be prescribed by the Secretary of War to distinguish such uniforms from the uniforms of the United States Army, Navy, and Marine Corps. Id. 217.

1

Home Guards may not, without authority therefor from the Secretary of War, wear any uniform which bears a prohibited similarity to the uniform of the United States, but the Secretary of War has power to grant such authority on condition that the uniform bear some mark or insignia distinguishing it from the uniform prescribed for the United States Army. (War Dept. Bull. 67, Nov. 30, 1917.)

An officer of the Reserve Corps who is honorably discharged from the service of the United States before having reached the age limit for appointment or reappointment in the Corps in which he is commissioned, or if in Corps having no age limit, before the completion of five years of service therein, is not entitled to wear the uniform of the highest grade he shall have held in the Officers' Reserve Corps on occasions of ceremony or when visiting an Army post or cantonment or at any other time, nor has he the right to wear any part of the uniform. (Dig. Opin. J. A. G., January, 1918.)

Women officials of the American Red Cross may wear on their prescribed uniform in foreign countries, constituting the theater of active war, the insignia of title and assimilated rank required to be worn as a distinctive mark to distinguish such uniform from the uniform of the United States Army. (Id., February, 1918.)

'An instructor of a cadet corps in a high school, while entitled to wear the uniform prescribed by such institution for wear by the instructors of its cadet corps, is expressly forbidden by section 125 of the national defense act of June 3. 1916 (39 Stat. 217), to wear the uniform of the United States Army or any distinctive part thereof, or a uniform any part of which is similar to a distinctive part thereof or the insignia of rank prescribed to be worn by officers of the United States Army or any insignia of rank similar thereto.

1010d. Same-Members of military societies and instructors and members of cadet corps not to wear insignia of rank of officers of Army, etc.-The members of the military societies and the instructors and members of the cadet corps hereinbefore mentioned shall not wear the insignia of rank prescribed to be worn by officers of the United States Army, Navy, or Marine Corps, or any insignia of rank similar thereto. Id.

1010e. Same-Penalty for violation of provisions of section.-Any person who offends against the provisions of this section shall, on conviction, be punished by a fine not exceeding $300, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Id.

1010f. Same-Provisions extended to Coast Guard.-Section one hundred and twent-five of the Act entitled "An Act for further and more effectual provision for the national defense, and for other purposes," approved June third, nineteen hundred and sixteen, shall apply to the Coast Guard in the same manner as to the Army, Navy, and Marine Corps. Act of Aug. 29, 1916 (39 Stat. 649), amending sec. 125, Act of June 3, 1916 (39 Stat. 216).

MEDALS OF HONOR.

1013a. Authorization of for noncommissioned officers and privates.-The President of the United States be, and he is hereby, authorized to cause two thousand "medals of honor" to be prepared with suitable emblematic devices, and to direct that the same be presented, in the name of Congress, to such noncommisisoned officers and privates as shall most distinguish themselves by their gallantry in action, and other soldier-like qualities during the present insurrection. Resolution No. 52 of July 12, 1862 (12 Stat. 623).

1013b. Bronze medals to volunteers for services in suppressing Philippine insurrection.-The Secretary of War be, and he is hereby, authorized and directed to procure a bronze medal, with suitable device, to be presented to each of the several officers and enlisted men and families of such as may be dead, who, having volunteered and enlisted under the calls of the President for the war with Spain, served beyond the term of their enlistment to help to suppress the Philippine insurrection, and who subsequently received an honorable discharge from the Army of the United States, or who died prior to such discharge. Sec. 1, Act of June 29, 1906 (34 Stat. 621). 1013c. Same-Appropriation for.—The sum of five thousand dollars is hereby appropriated, out of any funds in the Treasury of the United States not otherwise appropriated, for the purpose of carrying this Act into effect. Sec. 2, id.

ARMY AND NAVY MEDAL OF HONOR ROLL.

1014a. Establishment of, etc.-There is hereby established in the War Department and Navy Department, respectively, a roll designated as "the Army and Navy medal of honor roll." Upon written application made to the Secretary of the proper department, and subject to the conditions and requirements hereinafter contained, the name of each surviving person who has served in the military or naval service of the United States in any war, who has attained. or shall attain the age of sixty-five years, and who has been awarded a medal of honor for having in action involving actual conflict with an enemy distinguished himself conspicuously by gallantry or intrepidity, at the risk of his life, above and beyond the call of duty, and who was honorably discharged from service by muster out, resignation, or otherwise, shall be, by the Secretary of the proper department, entered and recorded on said roll. Applications for entry on said roll shall be made in such form and under such regulations as shall be prescribed by the War Department and Navy Department, respectively, and proper blanks and instructions shall be, by thể proper Secretary, furnished without charge upon request made by any person claiming the benefits of this Act. Sec. 1, Act of Apr. 27, 1916 (39 Stat. 53).

1014b. Same-Duty of Secretary of War, etc., to carry Act into effect and issue certificates to applicants.-It shall be the duty of the Secretary of War and of the Secretary of the Navy to carry this Act into effect and to decide whether each applicant, under this Act, in his department is entitled to the benefit of this Act. If the official award of the medal of honor to the applicant, or the official notice to him thereof, shall appear to show that the medal of honor was awarded to the applicant for such an act as is required by the provisions of this Act, it shall be deemed sufficient to entitle the applicant to such special pension without further investigation. Otherwise all official correspondence, orders, reports, recommendations, requests, and other evidence now on file in any public office or department shall be considered. A certificate of service and of the act of heroism, gallantry, bravery, or intrepidity for which the medal of honor was awarded, and of enrollment under this Act, and of the right of the special pensioner to be entitled to and to receive the special pension herein granted, shall be furnished each person whose name shall be so entered on said roll. The Secretary of War and the Secretary of the Navy shall deliver to the Commissioner of Pensions a certified copy of each of such of said certificates as he may issue, as aforesaid, and the same shall be full and sufficient authority to the Commissioner of Pensions for the payment by him to the beneficiary named in each such certificate the special pension herein provided for. Sec. 2, id. 54.

1014c. Same-Special pension of $10 per month to each person whose name is placed on roll.-Each such surviving person whose name shall have been entered on said roll in accordance with this Act shall be entitled to and shall receive and be paid by the Commissioner of Pensions in the Department of the Initerior, out of any moneys in the Treasury of the United States not otherwise appropriated, a special pension of $10 per month for life, payable quarter yearly. The Commissioner of Pensions shall make all necessary rules and regulations for making payment of such special pensions to the beneficiaries thereof. Sec. 3, id.

1014d. Same-Date of beginning and continuation of.-Such special pension shall begin on the day that such person shall file his application for enrollment on said roll in the office of the Secretary of War or of the Secretary of the Navy after the passage and approval of this Act, and shall continue during the life of the beneficiary. Id.

1014e. Same-To be additional to pension which beneficiary may receive under any other law. Such special pension shall not deprive any such special pensioner of any other pension or of any benefit, right, or privilege to which he is or may hereafter be entitled under any existing or subsequent law, but shall be in addition thereto. Id. 1014f. Same-Not subject to taxes or any civil process.-The special pension allowed under this Act shall not be subject to any attachment, execution, levy, tax, lien, or detention under any process whatever. Id.

1014g. Same-Holder of two or more medals entitled to but one special pension; rank in service not to be considered.-In case any person has been awarded two or more medals of honor, he shall not be entitled to and shall not receive more than one such special pension.

Rank in the service shall not be considered in applications filed hereunder. Sec. 4, id.

1014h. Same-Allowances to be paid from appropriations for invalid pensions.-All allowances made, or hereafter to be made, to medal of honor pensioners under the Act of Congress approved April twenty-seventh, nineteen hundred and sixteen, shall be paid from the moneys appropriated for the payment of invalid and other pensions, and section three of the said Act of April twenty-seventh, nineteen hundred and sixteen, is amended accordinly. Act of June 30, 1916 (39 Stat. 224), amending Sec. 3, Act of Apr. 27, 1916 (39 Stat. 53).

BOARD TO INVESTIGATE AWARDS OF MEDALS OF HONOR.

10141. Composition of board, etc.-A board to consist of five general officers on the retired list of the Army shall be convened by the

« AnkstesnisTęsti »