439. Service in the field, to be furnished means of transportation.-When serving in the field, chaplains shall be furnished with necessary means of transportation by the Quartermaster's Department.-Sec. 12, Act of Feb. 2, 1901 (31 Stat., 750).

COMMUTATION OF ALLOWANCES.

440. Of forage; when.-When forage in kind can not be furnished by the proper departments, then and in all such cases officers entitled to forage may commute the same according to existing regulations.-Sec. 1270, R. S., as amended by act of Feb. 27, 1877 (19 Stat., 243).

441. Of fuel.-Allowance of or commutation for fuel to commissioned officers is hereby prohibited.-Sec. 8, act of June 18, 1878 (20 Stat., 150).

442. Of quarters, etc., where no public quarters are available.-Hereafter, at places where there are no public quarters available, commutation for the authorized allowance therefor shall be paid to commissioned officers * * * at the rate of $12 per room per month.-Act of Mar. 4, 1915 (38 Stat., 1069).

443. Same; no claim for quarters for servants.-No allowance shall be made for claims for quarters for servants heretofore or hereafter.-Act of June 23, 1879 (21 Stat., 31).

444. Same; not to lose right to on account of temporary absence.-Hereafter officers temporarily absent on duty in the field shall not lose their right to quarters, or commutation thereof, at their permanent station while so temporarily absent.-Act of Feb. 27, 1893 (27 Stat., 480).

445. Same; duty without troops.-The Secretary of War may determine what shall constitute travel and duty without troops within the meaning of the law governing * * commutation of quarters to officers of the Army.

*

Act of Mar. 2, 1901 (31 Stat., 901).

446. Same; officers detailed to obtain military information from abroad.— Hereafter the officers detailed to obtain military information from abroad shall be entitled to * * * commutation of quarters while on duty, as provided when on other duty.-Act of Feb. 27, 1893 (27 State., 480).

447. Same; at proving grounds.-For necessary expenses of officers not occupying public quarters at the proving grounds, while employed on ordinary duty thereat, at the rate of two dollars and fifty cents per diem while so employed,

*

** Provided, That hereafter the occupancy by such officers, providing themselves with quarters elsewhere, of one room in the building at the proving ground locally known as the brick house shall not be construed as occupancy of public quarters within the meaning of this act and of the law authorizing allowance and commutation of quarters.-Act of Mar. 3, 1915 (38 Stat., 889).

448. Same; Signal Service, Arctic regions.-The allowance for commutation * * * shall be, * * of quarters * for officers * * * of the Signal Service serving in the Arctic regions, the same in amount as though they were serving in Washington, District of Columbia.-Act of June 30, 1882 (22 Stat., 118).

449. Of quarters and of heat and light.-For commutation of quarters and of heat and light to commissioned officers * * * on duty at places where no public quarters are available.-See annual appropriation acts.

DEATH IN THE SERVICE.

450. Allowances for; interment expenses; beneficiaries to be designated.— Hereafter immediately upon official notification of the death from wounds or disease not the result of his own misconduct of any officer or enlisted man on the active list of the Army, the Paymaster General of the Army shall cause to be paid to the widow of such officer or enlisted man, or to any other person previously designated by him, an amount equal to six months' pay at the rate received by such officer or enlisted man at the date of his death, less seventy-five dollars in the case of an officer and thirty-five dollars in the case of an enlisted man. From the amount thus reserved the Quartermaster's Department shall be reimbursed for expenses of interment, and the residue, if any, of the amount reserved shall be paid subsequently to the designated perThe Secretary of War shall establish regulations requiring each officer and enlisted man to designate the proper person to whom this amount shall be paid in case of his death, and said amount shall be paid to that person from funds appropriated for the pay of the Army.-Act of May 11, 1908 (35 Stat., 108) as amended by act of Mar. 3, 1909 (35 Stat., 735).

son.

NOTE. The above paragraph is repealed by sec. 312, act of Oct. 6, 1917 (40 Stat., 408), to wit: "The laws providing for gratuities or payments in the event of death in the service * * shall not be applicable after the enactment of this amendment to persons now or hereafter entering the military or naval service, or to their widows, children, or their dependents, except in so far as rights under any such law shall have heretofore accrued."

451. Effects of deceased officers and soldiers.—Officers charged with the care of the effects of deceased officers or soldiers, shall account for and deliver the same, or the proceeds thereof, to the legal representatives of such deceased officers or soldiers. And no officer so charged shall be permitted to quit the regiment or post until he has deposited in the hands of the commanding officer all the effects of such deceased officers or soldiers not so accounted for and delivered. One-hundred and twenty-seventh Article of War.

452. Aviation duty, payment in case of death as result of accident.—There shall be paid to the widow of any officer or enlisted man who shall die as the result of an aviation accident, not the result of his own misconduct, or to any other person designated by him in writing, an amount equal to one year's pay at the rate to which such officer or enlisted man was entitled at the time of the accident resulting in his death, but any payment made in accordance with the terms of this proviso on account of the death of any officer or enlisted man shall be in lieu of and a bar to any payment under the acts of Congress approved May eleventh, nineteen hundred and eight, and March third, nineteen hundred and nine (Thirty-fifth Statutes, pages one hundred and eight and seven hundred and fifty-five), on account of death of said officer or enlisted man.-Act of July 18, 1914 (38 Stat., 516).

NOTE. The above paragraph repealed by sec. 312, act of Oct. 6, 1917 (40 Stat., 408). See footnote, par. 450, this compilation.

DENTAL CORPS.

453. Composition of; pay and allowances; number authorized.-Hereafter the Dental Corps of the Army shall consist of commissioned officers of the same

grade and proportionally distributed among such grades as are now or may be hereafter provided by law for the Medical Corps, who shall have the rank, pay, promotion, and allowances of officers of corresponding grades in the Medical Corps, including the right to retirement as in the case of other officers, and there shall be one dental officer for every thousand of the total strength of the Regular Army authorized from time to time by law.-Act of Oct. 6, 1917 (40 Stat., 397).

454. Dental surgeons to be recommissioned, etc.-That dental examining and review boards shall consist of one officer of the Medical Corps and two officers of the Dental Corps: Provided further, That immediately following the approval of this act all dental surgeons then in active service shall be recommissioned in the Dental Corps in the grades herein authorized in the order of their seniority and without loss of pay or allowances or of relative rank in the Army: And provided further, That no dental surgeon shall be recommissioned who has not been confirmed by the Senate.-Ibid.

DETACHED DUTY.

455. Service with troops, line officers below grade of major.-On and after December fifteenth, nineteen hundred and twelve, in time of peace, whenever any officer holding a permanent commission in the line of the Army with rank below that of major shall not have been actually present for duty for at least two of the last preceding six years with a troop, battery, or company of that branch of the Army in which he shall hold said commission, such officer shall not be detached nor permitted to remain detached from such troop, battery, or company for duty of any kind; and all pay and allowances shall be forfeited by any superior for any period during which, by his order, or his permission, or by reason of his failure or neglect to issue or cause to be issued the proper order or instructions at the proper time, any officer shall be detached or permitted to remain detached in violation of any of the terms of this proviso; but nothing in this proviso shall be held to apply in the case of any officer for such period as shall be actually necessary for him, after having been relieved from detached service, to join the troop, battery, or company, to which he shall belong, in that branch in which he shall hold a permanent commission, nor shall anything in this proviso be held to apply to the detachment or detail of officers for duty in the Judge Advocate General's Department or in the Ordnance Department, or in connection with the construction of the Panama Canal until after such canal shall have been formally opened, or in the Philippine Constabulary until the first day of January, nineteen hundred and fourteen, or to any officer detailed, or who may be hereafter detailed, for aviation duty. And hereafter no officer holding a permanent commission in the Army with rank below that of major shall be detailed as assistant to the Chief of the Bureau of Insular Affairs with rank of colonel, or as commanding officer of the Porto Rico Regiment of Infantry, or as chief or assistant chief (director or assistant director) of the Philippine Constabulary, and no other officers of the Army shall hereafter be detailed for duty with the said constabulary except as specifically provided by law.-Act of Aug. 24, 1912 (37 Stat., 571, 645).

456. Service with troops, extended to include field officers of the line.—After September first, nineteen hundred and fourteen, in time of peace, whenever any officer holding a permanent commission in the line of the Army, with rank of colonel, lieutenant colonel, or major, shall not have been actually present for duty for at least two years of the last preceding six years with a command com49392-18- -6

posed of not less than two troops, batteries, or companies of that branch of the Army in which he shall hold said commission, such officer shall not be detached nor permitted to remain detached from such command for duty of any kind except as hereinafter specifically provided; and all pay and allowances shall be forfeited by any superior for any period during which, by his order or his permission, or by reason of his failure or neglect to issue or cause to be issued the proper order or instructions at the proper time, any officer shall be detached or permitted to remain detached in violation of any of the terms of this act; but nothing in this act shall be held to apply in the case of any officer for such period as shall be actually necessary for him, after having been relieved from detached service, to join the organization or command to which he shall belong in that branch in which he shall hold a permanent commission; nor shall anything in this act be held to apply to the detachment or detail of officers for duty in connection with the construction of the Panama Canal until after such canal shall have been formally opened, or in connection with the Alaska Road Commission or the Alaska Railroad or the Bureau of Insular Affairs; and nothing in this act shall prevent the redetail of officers above the grade of major to fill vacancies in the various staff corps and departments as provided for by section twenty-six of the act of Congress approved February second, nineteen hundred and one: Provided further, That whenever the service record of any field officer is to be ascertained for the purposes of this act, all duty actually performed by him during the last preceding six years, in a grade below that of major, in connection with any statutory organization of that branch of the Army in which he shall hold a permanent commission, or as a staff officer of any coast-defense or coast-artillery district, shall be credited to him as actual presence for duty with a command composed as hereinbefore described: And provided further, That temporary duty of any kind hereafter performed with United States troops in the field for a period or periods the aggregate of which shall not exceed sixty days in any one calendar year, and duty hereafter performed in command of United States Army mine planter by an officer assigned to a company from which this detachment is drawn, and duty hereafter performed in command of a machine-gun platoon or a machine-gun unit, by any officer who, before assignment to such duty, shall have been regularly assigned to, and shall have entered upon duty with, an organization or a command the detachment of certain officers from which is prohibited by the act of Congress approved August twenty-fourth, nineteen hundred and twelve, or by this act, shall, for the purposes of said acts, hereafter be counted as actual presence for duty with such organization or command.-Act of Apr. 27, 1914 (38 Stat., 357).

DETACHED OFFICERS' LIST.

457. Officers detached for duty.-Upon the request of the governors of the several States and Territories concerned, the President may detach officers of the active list of the Army from their proper commands for duty as inspectors and instructors of the Organized Militia, as follows, namely: Not to exceed one officer for each regiment and separate battalion of infantry, or its equivalent of other troops: Provided, That the line officers detached for duty with the Organized Militia under the provisions hereof, together with those detached from their proper commands, under the provisions of law, for other duty the usual period of which exceeds one year, shall be subject to the provisions of section twenty-seven of the act approved February second, nineteen hundred and one, with reference to details to the staff corps, but the total number of detached officers hereby made subject to these provisions shall not exceed two hundred: And provided further, That the number of such officers detached from

each of the several branches of the line of the Army shall be in proportion to the authorized commissioned strength of that branch; they shall be of the grades first lieutenant to colonel, inclusive, and the number detached from each grade shall be in proportion to the number in that grade now provided by law for the whole Army. * * * The President is authorized to make rules and regulations to carry these provisions into effect: Provided, That the Quartermaster's Department is hereby increased by two colonels, three lieutenant colonels, seven majors, and eighteen captains, the vacancies thus created to be filled by promotion and detail in accordance with section twenty-six of the act approved February second, nineteen hundred and one.-Act of Mar. 3, 1911 (36 Stat., 1045).

458. Organization and composition of.—On July first, nineteen hundred and sixteen, the line of the Army shall be increased by eight hundred and twentytwo extra officers of the Cavalry, Field Artillery, Coast Artillery Corps, and Infantry arms of the service, of grades from first lieutenant to colonel, inclusive, lawfully available for detachment from their proper arms for duty with the National Guard, or other duty, the usual period of which exceeds one year. Said extra officers, together with the two hundred detached officers provided for by the act of Congress approved March third, nineteen hundred and eleven, shall, on and after July first, nineteen hundred and sixteen, constitute the detacher officers' list, and all positions vacated by officers assigned to said list, and the officers so assigned shall be subject to the provisions of section twenty-seven of the act of Congress approved February second, nineteen hundred and one, with reference to details to the staff corps. The total number of officers hereby authorized for each grade on said list entire shall be in proportion to the total number of officers of the corresponding grade now authorized by law other than this act for all of the said four arms combined, exclusive of second lieutenants and of the two hundred extra officers authorized by the act of Congress approved March third, nineteen hundred and eleven, and exclusive also of the additional officers authorized by the act to restore lineal rank lost through the system of regimental promotion formerly in force; and the total number of officers hereby authorized for each grade in each of said arms on said list shall be in the proportion borne by the number of officers now authorized by law other than this act for such grade and arm to the total number of officers now authorized by law other than this act for the corresponding grade in all of the said four arms combined, exclusive of the extra and additional officers last hereinbefore specified and excluded. * * * As soon as practicable after such promotions shall have been made there shall be detached from each arm and assigned to the detached officers' list a number of officers of each grade equal to the number of officers of said grade by which said arm shall have been increased by the foregoing provisions of this section; and thereafter any vacancy created or caused in any of the said arms of the service by the assignment of an officer of any grade to said detached officers' list shall be filled, subject to such examination as is now or may hereafter be prescribed by law, by the promotion of the officer who shall be the senior in length of commissioned service of those eligible to promotion in the next lower grade in the arm in which such vacancy shall occur, * * with a view further to

*

equalize inequalities in past promotions of officers of the line of the Army, on July first, nineteen hundred and sixteen, the Cavalry shall be increased by seventeen colonels, and the Infantry by four colonels, all of whom shall be additional officers in that grade, and shall not bar nor retard the promotion to which any officer would be entitled if the appointment of the said additional officers had never been authorized; and after July first, nineteen hundred and