Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-11-14
FIRST CASE ON RECORD
Discharge of Enlisted Men by
Presidential Order.
WAR DEPARTMENT VIEWS
Action Taken Not Technically q
Punishment.
MILEAGE WILL BE ALLOWED
Privileges That Will Be Lost by Dis
missed Soldiers of the 25th
Infantry.
MILEAGE WILL BE ALLOWED

There appears to be general mSunder-
standing in the public mind regarding dis
charges without honor in the army. To
the average reader discharge of that kind
is practically the same as dishonorable
discharge. Inquiry at the law department
of the army shows that to be an erroneous
opinion.
1t was explained at the War Department
that there are but two ways to relieve q
soldier from his enlistment. One is by the
cancellation of his enlistment contract and
the other is by dishonorable discharge as a
result Of a sentence by court-martial A SOL
diers contract may be annulled at any time
if the interest of the government demands
it. He is then given either honorable
discharge or a discharge without honor,
according to the circumstances of the case.
A discharge without honor is not technical
ly a punishment. The law provides that
when soldier Is dscharged-except by
way of punishment-he shall receive mile
age to the place of enlistment Thus a
soldier given a discharge without honor is
entitled to receive mileage.
Discharged Without Honor.
Enlistments in the army are in the ma
ture of contracts. and the discharge with
out honor" was prescribed to meet cases
pacity for the service and whose record.
although not dishonorable to the extent of
calling for punishment. did not entitle him
to certificate of honorable service.
AS one officer expressed it. the discharge
without honor was simply the termination
by the government of unsatisfactory
contract, or. to put it another way, was like
the good housewife discharging a servant
who did not fill the bill and refusing to
give her recommendation" These dis
charges were frequently made by the War
Department to get rid of undesirable char
acters who had not, however. violated any
of the articles. OF war to an extent calling
fer their fffaf byz c0uff-martfal But each
one of those cases was treated individually
ON It's merits and in the ordinary admin
istration of military affairs These routine
cases never went to the President nor. the
Secretary of War. but were disposed of by
the assistant secretary of war after con-
sutation with the chief Of staff. It is stated
that the case of the battalion of the 25th
Infantry is the first instance in the his
tory of the United States where the Presi-
dent of the United States has person.
ally officially ordered the discharge of
an enlisted man in either the army or the
navy.
In partial explanation of the Presidents
action in that case it is stated that he eX-
hausted his power under the circumstances.
Although the President may legally dis
charge an enlisted man without honor,
winch Is not punishment In military law,
honorable discharge. with accompanying
punishment, whether DEATH Imprisonment
or fine, can be imposed only as q result
of court-martial proceedings. The Presi-
dent is never called on to act in the case
Of an enlisted man tried by court-martial
except where the sentence imposed in
wolves capital punishment. All other court
martial trials Of enlisted men are finally
disposed of by the department commander.
1t is different in the case of officers. They
cannot be dismissed from the service even
by sentence Of court-martial except with
the approval of the President.
Consequences Severe.
Although a discharge without honor"
in itself, may not be considered a punish
ment in military sense. its CONSEQUENCES
are severe and far-reaching, as soldier
separated from the army in that way is de-
prived of the right of retirement after
and of the privilege of ending his days In
the Soldiers Home, to the support of which
he was compelled to contribute while In
the army.
The dismissed members Of the 25th In
fantry are not only deprived of these priv
neges which mean so much to all soldiers
in their later years, but by the express d.
rection of the President they are forever
debarred from any civil or military en-
ployment under the government. Although
there Is serious doubt as to the legal right
Of President Roosevelt to keep these men
out of the government service entirely, in
the absence of their conviction of any
charge, civil or criminal, there Is no doubt
that the order will be enforced to the letter
50 long as he Is in the White House unless
he modiies the order himself or 1t is abro-
the general opinion frankly but confidential
ly expressed in military circles.