Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-19

states army or Marine Corps. Until such
rignt mas accrued the retirement of an en-
listed man would be without warrant of
law. Service for such retirement is com
puted IN conformity to the following en-
actments OF Congress (statutes given): "As
the requirements of the foregoing statutes
are clear, and as no occasion has arisen
for their interpretation no rulings have
been made by the department in respect to
the enect of such discharge upon the right
OF an enlisted man to retire. If he is dis
charged for any cause before he has COM
pleted thirty years service, his right to re-
tire has not accrued"
To Enter a National Soldiers Home.
degrading the right of an enlisted man
to enter National Soldiers Home, Gen.
laws quoted the law and says:
An enlisted man of the regular army be-
Genes entftnel to admission to the Soldiers
Home after twenty years service in the
army, whether he is disabled or not. If
disabled in the line of duty he is entitled to
admission from the date of his disability.
Wnether ne has served twenty years or not
II an enlisted man has served twenty wears
and has subsequently been discharged with
out honor, his right to admission to the
nome can not be denied, he has con-
FORMED to the statutory condition precedent
to such admisson-that is. he has "servaS
honestly and faithfully twenty years in
the army of the United States The restric
tlonS which are embodied in section 1872.
IL, IL
s1Ve appreciation to the cases of soldiers
who have been convicted of feionv or
other dlsgraceful or Infamous crimes of a
The right to admission would he defeated
IN consequence of conviction of such an
oHense by general court-martial, and
woulo not De arected by discharge with
out honor. The restriction in respect to
"one who has been a deserter, mutineer or
habitual drunkard is qualified by the sub
sequent condition that if evidence of SUBJ
sequent service, good conduct and reforma-
ton Of character be shown the applicant
may be admitted
Inc enactmentS above cited are executed
by the board of commissioners of the
ooldiers Home who, where admission is
not based upon disability are without au-
thority to admit an enlisted man who has
not served for the period required in the
statute, and soldier who has served hon.
estly ana 1althfuiiy> for twenty years is, as
a consequence of such service, entitled to
admission to the home without regard to
the character of the discharge by which his
connection with the military service was
subsequently severed.
1t is proper to observe that persons who
have served as officers enlisted men in
the regular army because entitled to admis-
sion to the National Home for Disabled
following enactment:
Hereafter the following persons only
shall be entitled to the benefits of the Ma
tional Home for Disabled Volunteer Sol
the order of a member of the board of
managers, namely: All honorably diScharp-
ed officers. soldiers and sailors who served
In the regulor or volunteer forces OF the
United States in any war in which the
country has been engaged, who are disabled
by disease, wounds, or otherwise, and who
have no adequate means of support and
by reason of such disability are incapa BILE
of earning their living"
Burial in National Cemeteries.
AS to the right of an enlisted man to be
buried in natfonai cemetery, Judge Davis
quoteN the statue requirements and says:
mo opinions have ever been rendered by
this Office as to the right of an enlisted man
who receives a discharge without honor to
be buried In national cemetery. Such a
right Is conferred upon former enlisted
man who dies in destitute condition, after
having been honorably discharged from the
SERVICE and it Is the opinion of this Office
that the right could not be denied to one
whose enlistment contract had been termi-
mated in the operation of the discharge
without honor"
Regarding the question as to the right of
an enlisted man to receive transportation
and subsistence from place of DISCHARGE to
his home, Gen. Davis says:
In the case under consideration the en-
listed men of the 25th Infantry, who have
recently been discharged were paid travel
ing allowances In fun when their DISCHARGES
were delivered to them. The clause Of the
statute above cited which forbids the pay
ment of travel allowances when a soldier
is discharged by way Of punishment Of an
offense' has been restricted in practice for
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