The National tribune., 1910-04-14
PENSION DECISIONS.
Discharge-Deser'
tion-Joint Resolution of June %
1906-Act April 10, 1908.


Claimants husband deserted from the
18th n. Y. Cav. less than one month
after enlistment. He served in the
Navy, from which service he was hon
orably discharged during his period OF
desertion. He was afterwards appre-
hended by the military authorities, tried
| by a general court-martial and SEN
Itenced, among other things, to serve out
his uneXpired time in his original regi-
ment and company, being forwarded
thereto. He never rejoined his regi-
ment but appears to have been infor-
mally allowed to go his own way with
out discharge from the military service.
There is no discharge of record in his
case.
Held: Having been honorably dis
charged from the naval service, the
terms of the joint resolution of June
2S, 1906, is to the effect that he shall be
held and considered. for pensionable
purposes, to have been honorably Gis-
charged from the prior contract of en-
listment. Upon other things being
proved this widow has title under the
I1-31'10.
Service-Honorab.e Dischargc-Act of
Feb. @, 1907.
/. In determining the question as to
what is an honorable discharge. granted
ments, within the meaning of that term
as used by the acts of June 81, 1890,
and Feb. 6, 1907, this Department is not
bound or concluded by any recent or
present opinion, as such, of the authori-
ties of said Departments concerning the
character of discharges granted during
the close of the civil war, but it is
bound and concluded by the fact, when
lascertained, whether or not a discharge
of ha q c hon
discharge; 1t is not question now of
what should have been granted, but of
what was, as a matter of fact, granted
at the time.
2. This claimant was discharged from
the military service in 1868. on Sur
geon's certificate of disability. because
of venereal disease. On its face it was
apparently an honorable discharge, and
there is nothing in the record or the
evidence in this case indicating that II
was not considered and granted as an
honorable discharge al the time.
Held: That said discharge should be
taken and accepted as an honorable dis
charge from the military service for the
purposes and within the meaning of the
act of Feb. 6, 1907. AZ. 2-23-'10.
Service-Civilian Employe-Act of June
%, 1890.
Claimants employment as n civilian
carpenter at SZ.4U per udy Dy tne CnleI
| Engineer and General Superintendent
of Military Railroads at Alexandria, Va,
was not such military or naval service
of the United States as is contemplated
by the act of June 81, 1890. as amended
| by the act of May 8, 1909. AZ. 22S'10.
Division of PensiOns-Practice-A
mcnt of ErrOr-Newly Discovered
Evidence.
l. The remedy of a party who seeks
to reverse the Bureau action in a claim
under the act of March 3, 1899, upon
the ground that the witnesses for the
claimant did not know the contents Of
or sign their affidavits, or upon the
ground of new discovered evidence, is
by application to the Bureau to reopen
the case in conformity with paragraph
81 of Bureau Order No. 80.
2. Affidavits upon the merits cannot
first be considered on appeal
3. Appellant having assigned no spe-
cific error on the part of the Bure lu,
and none appearing, the Bureau action
is affirmed. A. 2-2S-'10.