Chapter 222. to relieve certain soldiers from the charge of desertion
724 words·~3 min read·
/statutes-at-large/vol-23/chapter-222-528600·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 222.— An Act to relieve certain soldiers from the charge of desertion.July 5, 1884. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Soldiers charged with desertion, relief of; conditions. 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 appear 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 first day of May, anno Domini eighteen hundred and sixty five, having previously served six months or more, 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 120 FORTY-EIGHTH CONGRESS.
Sess. I. Chs. 222, 223. 1884. from his command at the time the same was mustered out, failed to be *Proviso*.mustered out and to receive an honorable discharge, *Provided*, That no soldier shall be relieved under this section who, not being sick or wounded, left his command without proper authority whilst the same was in the presence of the enemy. Sec. 2. Certificate of discharge. That the Secretary of War is hereby authorized to remove the charge of desertion from the records of any soldier in the late war upon proper application therefor and satisfactory proof in the following cases:
First, That such soldier, after such charge of desertion was made, and within a reasonable time thereafter, voluntarily returned, to his command .and served faithfully to the end of his term of service. Second. That such soldier absented himself without proper authority from hospital, or from furlough given from hospital, while suffering from wounds, injuries, or disease received or contracted in the service in the line of duty, and, on recovery, voluntarily returned to his command and served faithfully until discharged, or died from such wounds, injury, or disease while so absent and before the date of the muster out of his command.
Third. That such soldier absented himself without proper authority from furlough given by proper authority, and while so absent died from wounds, injury or disease received or contracted in the service in the line of duty before the muster out of his command. Sec. 3. Terms and pro upon which relief may be granted. That in all cases where the charge of desertion shall 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. Pay and. bounty. That when the charge of desertion shall be removed under 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 *Proviso*.receive the pay and bounty duo to such soldier, *Provided, however*, That this act shall not be so construed as to give to any such soldier, or, in case of his death, to the heirs or legal representatives of any such soldier, any Pay bounty or allowance for any period of time during which such soldier was absent from his command without proper authority, nor shall it be so construed as to give any pay, bounty, or allowance to any soldier, his heirs or legal representatives, who served in the Army a period of less than six mouths.
Sec. 5. Applications for relief to be filed, etc. That all applications for relief under this act shall be made to and tiled with the Secretary of War within the period of five years from and after its passage, and all applications not so made and tiled within said term of live years shall be forever barred and shall not be received or considered. Sec. 6. That all acts and parts of acts inconsistent with the provisions of this act are hereby repealed, Approved, July 5, 1884.