The National tribune. [volume] (Washington, D.C.) 1877-1917, 1889-04-11
GEORGE LEMON,
Attorneyat law Solicitor of Patents and Claims,
LOCK BOX a25. 615 FIFTEENTH ST.,
Washington, ID. G..
DESERTION.
Provisions for the Removal of the Charge in Ger.
tain Gases

Provisions for the Removal of the Charge In Ger.
tain Gases.
An Act for the relief of certain Volunteer and Reg
ular soldiers OF the late war and the war with
Mexico.
Be enacted By the Senate and House Of Representa-
tires Of the United States of america IN Congress as
Sembied: Sec. /. That the charge of desertlon now
standing on the rolls and records in the Office of
the Adjutant General of the United States Army
against any soldier who served in the late in
the volunteer service shall be removed in ali cases
where il shall be made to appear tothe 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 until the list day of May,
A. ID. 1850, having previously served SIX months
or more, and, by reason of absence from his COM
msnd at the time the same was mustered out failed
to be mustered out and to receive honorable dis
charge or that such soldier absented himself from
ms command or from hospital while suffering
from wounds injuries, or disease received or con-
tracted in the line of duty and was prevented from
completing his term of enlistment by reason OF
such wounds, injuries, disease.
Sec. z. That the Secretary of War IS hereby
authorized to remove the charge of desertion from
the record of any Regular volunteer soldier
IN the late war upon proper application therefor,
and satisfactory proof in the following cases:
First That such soldier, after such charge OF de-
sertion was made, and within reasonable time
thereafter, voluntarily returned to his command
and served faithfully to the end of his term OF serv
Ice, until discharged.
Second. That such soldier absented himself from
his command or from hospital while suffering from
wounds, injuries, disease received contracted
IN the line OF duty, and upon recovery voluntarily
returned TO his command and served faithfully
thereafter, or died from such wounds. injuries,
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 return
ing by reason of such wounds injuries, diseases
before such muster out, expiration of service
Third That such soldier minor, and was
enlisted without the consent of his parent or guard
ian, and released or discharged from such
service by the order or decree of court of COM
fIRor
Judicial proceedings; and iii such case no pay,
allowance, bounty, or pension, shall be allowed or
granted
Sec 5. That the charge of desertion now stand
ing the rolls and records in the Office of the Adj
iutant- General of the Army against any any Regu-
lar volunteer soldier who served in the late war
of the rebellion by reason of his having enlisted
in any regiment, troop. or company, in the
United States Navy or Marine Corps, without hav-
ing first received a discharge from the regiment,
troop, company in which he had previously
served shall be removed in all eases 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 re-
enlistment was not made for the purpose of seeur-
ing 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 re-enlist
ment.
Sec f. That whenever it shall appear from the
official records in the office of the Adutant Gen
eral, United States Army that any Regular or
volunteer soldier of the late war was formally re-
stored 10 duty from desertion by the Commander
competent to order his trial for the offense, or,
having deserted and being charged with desertion,
was, the return to the service. suffered without
such formal restoration to his place in the
ranks of his command, serving faithfully thereafter
until the expiration OF his term, such soldier shall
not be deemed 10 rest under any disability because
of such desertion, in the prosecution of any claim
for pension on account OF disease contracted,
wounds injuries received in the line of his duty
q soldier.
Sec. 5. That when the charge of desertion shall
be removed under the provisions of this act from
the record OF any soldier, such soldier, in of
his DEATH the heirs legal representatives of such
soldier, shall receive the pay and bounty due to
such soldier: Provided however That this act shall
not be SO construed as to give to any soldier, or
in case of his death, to the heirs 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 1t be so con-
strued rs to give any pay, bounty, or allowance
to any soldier his heirs or legal Representatives,
who served in the army period of less than six
months.
by is authorized and directed to amend the mill
tary record OF any soldier who enlisted for the
with Mexico, upon proper application, where the
rolls and records of the Adjutant Generals Office
show the charge OF desertlon against him, when
such rolls and records show the facts set out in the
following cases:
First That said soldier served faithfully the full
term of his enlistment or having served faithfully
for six months or more, and until the 4th day of
July, A. d. 1915, left his command without having
received = discourage.
Second That such soldier after said charge of
desertion was entered on the rolls voluntarily
returned to his command within a reasonable time,
and served faithfully until discharged.
Sec. T. That the provisions of this act shall not be
so construed to relieve any soldier from the
charge of desertion who left his command from dis
affection or disloyalty to the Government or to
evade the dangers and hardships of the service or
whilst in the presence of the enemy mot being sick
woundedl, 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.
Sec s. That when such charge of desertion is re-
moved under the provisions of this act the soldier
shall be restored to status of honorable service,
his military record shall be corrected 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, 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 rights as In case of
other deceased honorably. discharged soldiers Pro-
Uided 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 perform
ance of military duty.
Sec g. That all applications for relief under this
act shall be made and filed with the Secretary of
War within the period of three years from and
after July /, 1889, and all applications not so made
and flied within said term OF three years shall be
forever barred and shall not be received consid
cred.
Sec 10. That all acts and parts of acts inconsst-
ent with the provisions OF this act are hereby re-
pealed.
Approved March Q, 1889.