Congress, to such officers, noncommissioned officers, and privates as have most distinguished, or may hereafter most distinguish, themselves by their gallantry in action, twelve thousand dollars: Provided, That the Secretary of War be, and he is hereby, authorized and directed to use so many of the medals and rosettes or other insignia provided for by this Act as may be necessary to replace the medals that have been issued under the joint resolution of Congress approved July twelfth, eighteen hundred and sixty-two, and section six of the Act of Congress approved March third, eighteen hundred and sixty-three: And provided further, That whenever it shall appear from official records in the War Department that any officer or enlisted man of the Army so distinguished himself in action as to entitle him to the award of the Congressional medal of honor under the provisions of the sixth section of the Act of Congress approved March third, eighteen hundred and sixty-three, entitled "An Act making appropriations for the sundry civil expenses of the Government for the year ending June thirtieth, eighteen hundred and sixty-four, and for the year ending the thirtieth of June, eighteen hundred and sixty-three, and for other purposes," the fact that the person who so distinguished himself has since become separated from the military service, or that the award of the medal to him was not specifically recommended or applied for while he was in the said service, shall not be held to prevent the award and presentation of the medal to such person under the provisions of the law hereinbefore cited.1 Act of Apr. 23, 1904 (33 Stat., 274). 1015. Same-May be replaced when lost or destroyed.-That in any case where the President of the United States has heretofore, under any Act or resolution of Congress, caused any medal to be made and presented to any officer or person in the United States on account of distinguished or meritorious services, on a proper showing made by such person to the satisfaction of the President that such medal 1 The act of April 23, 1904 (33 Stat. 274), provides, "Whenever it shall appear from official records in the War Department that any officer or enlisted man of the Army so distinguished himself in action as to entitle him to the award" of the medal of honor under the then existing law, the award shall not be prevented by the fact that the person has since become separated from military service, or that it was not recommended or applied for while he was in the service. Held, that the "official record" is one that must have been made by an officer of the Army pursuant to statute, regulation, orders, or custom. Held, further, that an oral recommendation was not an "official record," and, therefore, could not be the basis of the award of a medal. (Dig. Opin. J. A. G., A 2a, 665; see, also, Cir. 22, 1905, War. Dept.) The recommendation for a medal of honor was not made until more than a year had elapsed after the gallant conduct upon which it was based, i. e., July 1, 1863. Held, that under the legislative rule fixed by the act of April 23, 1904 (33 Stat. 274), if it shall appear from the official records in the War Department that an officer or enlisted man has so distinguished himself in action as to entitle him to the award under the act of March 3, 1863 (12 Stat. 751), the award may be made. (Id., 2d, 666.) has been lost or destroyed through no fault of the beneficiary, and that diligent search has been made therefor, the President is hereby authorized to cause to be prepared and delivered to such person a duplicate of such medal, the cost of which shall be paid out of any money in the Treasury not otherwise appropriated.' Joint resolution No. 23 of Apr. 15, 1904 (33-Stat. 588). 1016. Same-Not required to surrender old when replaced by new. The holders of medals of honor under the Act approved July twelfth, eighteen hundred and sixty-two, and section six of the Act approved March third, eighteen hundred and sixty-three, shall not be required to surrender such medals in case such medals are replaced, in pursuance of the provisions of the Act of Congress approved April twenty-third, nineteen hundred and four; and that wherever the holders of such medals of honor have surrendered them, in order to receive the medals provided for by said Act approved April twentythird, nineteen hundred and four, such medals shall be returned to them: Provided, That no recipient of both medals shall wear both medals at the same time. Joint resolution No. 17 of Feb. 27, 1907 (34 Stat. 1422). 1017. Same-Rosette, or knot, and ribbon to be worn in lieu of and with. The Secretary of War be, and he is hereby, authorized to issue to any person to whom a medal of honor has been awarded, or may hereafter be awarded, under the provisions of the joint resolution approved July twelfth, eighteen hundred and sixty-two, and the act approved March third, eighteen hundred and sixty-three, a rosette or knot to be worn in lieu of the medal, and a ribbon to be worn with the medal; said rosette, or knot, and ribbon to be each of a pattern to be prescribed and established by the President of the United States; and any appropriation that may hereafter be available for the contingent expenses of the War Department is hereby made available for the purposes of this act: Provided, That whenever a ribbon issued under the provisions of this act shall have been lost, destroyed, or rendered unfit for use, without fault or neglect on the part of the person to whom it is issued, the Secretary of War shall cause a new ribbon to be issued to such person without charge therfor. Joint resolution No. 51, May 2, 1896 (29 Stat. 473). 1018. Certificates of merit.-When any enlisted man of the Army shall have distinguished himself in the service the President may, at the recommendation of the commanding officer of the regiment or the chief of the corps to which such enlisted man belongs, grant him 1 Held, that the President has no authority under the act of April 23, 1904 (33 Stat. 274), to refuse to replace a medal that was awarded under the joint resolution of July 12, 1862 (12 Stat. 623), and the act of March 3, 1863 (12 Stat. 751), when the same is presented for that purpose by its owner. Opin. J. A. G., 2b, 665.) (D, a certificate of merit.1 Sec. 1216, R. S., as amended by Act of Mar. 29, 1892 (27 Stat. 12). 1019. Corps badges and insignia of societies.-All persons who have served as officers, noncommissioned officers, privates, or other enlisted men in the Regular Army, volunteer or militia forces of the United States, during the war of the rebellion, and have been honorably discharged from the service or still remain in the same, shall be entitled to wear, on occasions of ceremony, the distinctive Army badge ordered for or adopted by the Army corps and division, respectively, in which they served. Sec. 1227, R. S. 1020. Military society badges.-That the distinctive badges adopted by military societies of men who served in the armies and navies of the United States in the war of the Revolution, the war of eighteen. hundred and twelve, the Mexican war, and the war of the rebellion, respectively, may be worn upon all occasions of ceremony by officers and enlisted men of the Army and Navy of the United States who are members of said organizations in their own right. Joint resolution No. 50, of Sept. 25, 1890 (26 Stat. 681). 1021. Distinctive badge adopted by Regular Army and Navy Union. That the distinctive badge adopted by the Regular Army and Navy Union of the United States may be worn, in their own. right, upon all public occasions of ceremony by officers and enlisted men in the Army and Navy of the United States who are members of said organization. Joint resolution No. 26, of May 11, 1894 (28 Stat. 583). 1 1 For section 2, act of February 9, 1891 (26 Stat. 737), providing that a certifi cate of merit granted to an enlisted man for distinguished service shall entitle him, from the date of such service, to additional pay at the rate of $2 per month while he is in the military service, although such service may not be continuous, see paragraph 719, ante. See, also, 24 Op. Atty. Gen., 127, Sept. 23, 1902, and IX Comp. Dec., 160, Oct. 24, 1902. In Bell v. U. S., 28 Ct. Cls., 462, it was held that a soldier to whom, when a member of an infantry regiment, had been granted a certificate of merit, was entitled to continue to receive the additional pay after reenlisting in the " general messenger service." See McNamara v. U. S., 28 Ct. Cls., 416, where it is held that the act of February 9, 1891, is retroactive, and entitled the beneficiary to the additional pay from the date of the service for which the certificate was awarded. See, to a similar effect, the opinion of the Attorney-General in XVI Opins., 9; also the subsequent G. O. 28, Hdqrs. of Army, 1878. 'See Dig. Op. J. A. G., 668-9 B 1-2. Also G. O. No. 4, War Dept., 1905, as amended by G. O. 129, 1908. See also Cir. 82, War Dept. 1908, and G. O. 96 and 97, War Dept., 1909. For section 1296, Revised Statutes, authorizing the President to prescribe the uniform of the Army and quantity and kind of clothing which shall be issued annually to the troops of the United States, see paragraph 571, ante. Held, that the words "in their own right" which occur in those laws which authorize the wearing of certain society badges mean right" because of their own service or because of their kinship to one who had been in the service. (Dig. Opin. J. A. G., A 1,668.) 1022. Same-Adopted by Army and Navy Union.-The distinctive badge adopted by the Army and Navy Union of the United States may be worn, in their own right, upon all public occasions of ceremony by officers and enlisted men of the Army and Navy of the United States who are members of said organization. Joint resolution No. 18 of Mar. 2, 1907 (34 Stat. 1423). 1023. Same-Adopted by military societies of men who served during Spanish-American War.-The distinctive badges adopted by military societies of men who served in the armies and navies of the United States during the Spanish-American war and the incident insurrection in the Philippines may be worn, upon all occasions of ceremony, by officers and men of the Army and Navy of the United States who are members of said organizations in their own right.1 Sec. 41, Act of Feb. 2, 1901 (31 Stat. 758). 1024. Same-Adopted by military societies of men who served during Chinese relief expedition. The distinctive badges adopted by military societies of men who served in the armies and navies of the United States during the Chinese relief expedition of nineteen hundred may be worn upon all occasions of ceremony by officers and men of the Army and Navy of the United States who are members of said organization in their own right. Joint resolution No. 2 of Jan. 12, 1903 (32 Stat. 1229). 1025. Same-Unlawfully wearing in the District of Columbia the insignia, badge, etc., of the Military Order of the Loyal Legion, Grand Army of the Republic, etc.-Whoever, in the District of Columbia, not being a member of the Military Order of the Loyal Legion of the United States, of the Grand Army of the Republic, of the Sons of Veterans, of the Woman's Relief Corps, of the Union Veteran's Union, of the Union Veteran Legion, of the United Spanish War Veterans, of the National Society of the Daughters of the American Revolution, and not entitled under the rules of the order to wear the same, willfully wears or uses the insignia, distinctive ribbon, or badge of membership, rosette, or button thereof, or who uses or wears the same to obtain aid or assistance thereby, shall be punished by a fine of not more than twenty dollars or by imprisonment for not more than thirty days, or by both such fine and imprisonment. Act of Mar. 15, 1906 (34 Stat. 62). 1 'An organization entitled "Batson's squadron of Philippine cavalry" was formed from among the civilian employees of the Quartermaster's Department during the Philippine insurrection. Its employment was assimilated, in all of its essential incidents, to that of the Philippine Scouts and guides whose services are obtained by contract and paid for out of the appropriation for incidental expenses. But the squadron was actually paid out of insular funds furnished for that purpose to the Quartermaster's Department. Held, there fore, that the members of that squadron are not entitled to the Philippine campaign badge. (Dig. Opin. J. A. G., 669 B 3.) |