Chapter 442. to relieve certain soldiers of the late war from the charge of desertion
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CHAP. 442.— An Act to relieve certain soldiers of the late war from the charge of desertion.August 7, 1882. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Certificate of discharge to be issued, etc. That the charge of desertion now standing on the rolls and records in the Office of the Adjutant General of the United States against any soldier who served in the late war in the volunteer service shall be removed in all cases where it shall be made to aj»pear to the satisfaction of the Secretary of War, from such rolls and records, or from other satisfactory testimony, that any such soldier served faithfully until the expiration of his term of enlistment, or until the twenty second day of May anno Domini eighteen hundred and sixty five, or was prevented from completing his term of service by reason of wounds received or disease contracted in the line of duty, but who, by reason of absence from his command at the time the same was mustered out, failed to be mustered out and to receive an honorable discharge Sec. 2.
That the charge of desertion standing on the rolls and recordsSoldiers charged with desertion, absent, etc., when command was mustered out, to receive honorable discharge upon evidence, etc. in the Office of the Adjutant General of the United States against any soldier who served in the late war in the volunteer service, shall also be. removed in all cases where 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 soldier charged with desertion or with absence without leave, did not intend to desert and after such charge of desertion or absence without leave, voluntarily returned to his command and served in the line of his duty until he was mustered out of the service and received a certificate of honorable discharge.
Sec. 3. That in all cases where the charge of desertion shall be removedSoldiers absent, etc., who returned to duty; charge of desertion to be removed. under the provisions of this act from the record of any soldier who has not received a certificate of discharge it shall be the duty of the Adjutant General of the United States to issue to such soldier, or in case of his death, to his heirs or legal representatives, a certificate of discharge. Sec. 4. That when the charge of desertion shall be removed underPay and bounty. the provisions of this act from the record of any soldier, such soldier, or, in case of his death, the heirs or legal representatives of such soldier, shall receive all pay and bounty which may have been withheld on account of such charge of desertion or absence without leave: *Provided, however, **Provisos.*That this act shall not be so construed as to give to any such soldier as may be entitled to relief under the provisions of this act, or, in case of his death, to the heirs or legal representatives of any such soldier the right to receive pay any bounty for any period of time during which such soldier was absent from his command without leave of absence: *And provided further,* That no soldier, nor the heirs or legal Representatives of any soldiers who served in the Army a period of less than twelve months, or who intentionally deserted, shall be entitled to the benefit of the provisions of this act. 348 FORTY-SEVENTH CONGRESS.
Sess. I. Ch. 442^145. 1882. Sec. 5. That all acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Approved, August 7, 1882.