107. The commander of a territorial department may grant furloughs to enlisted men for three months, or he may extend to such period furloughs already granted. The chief of a War Department bureau may grant furloughs for not to exceed three months to enlisted men of his corps or department serving under the exclusive control of himself or of his subordinates, or he may extend to that period furloughs already granted to such enlisted men. A furlough for a longer period than three months will be granted by the War Department only under most unusual and urgent circumstances. Permission to delay may be granted to enlisted men traveling under orders as authorized for furloughs. The conditions under which furloughs to soldiers on reenlistment are authorized will be announced from time to time in orders. 108. The commanding officer of a field army, or of a separate command in the field, may suspend the granting of furloughs in any or all organizations within his command whenever, in his opinion, circumstances render it necessary, or advisable, or for the best interests of the service. 109. An enlisted man on furlough will not leave the United States to go beyond the sea unless the furlough includes permission to do so. The limits prescribed will be stated in the furlough, and if exceeded it may be revoked and the soldier arrested. A company commander in forwarding an application for furlough will state previous absences on furlough that are of record in the company. The authority under which a furlough is granted (whether under Army Regulations or in pursuance of the orders of a superior) will be cited on the face of the furlough by the officer granting it. 110. When an enlisted man who is absent on furlough or absent without leave from his station and is without means to return thereto reports at a station that is under the control of a department commander, such department commander is authorized to furnish the necessary transportation and subsistence for the return of the soldier to his proper station after satisfying himself that the soldier can be intrusted therewith, or in the case of absence without leave, to return him under guard if necessary. In the case of an enlisted man reporting under similar circumstances at a place excepted by regulations from the control of a department commander, a request for orders concerning the disposal of such enlisted man will be addressed by the commanding officer of such an excepted place directly to The Adjutant General of the Army, by whom the necessary orders will be issued. The company commander will charge the cost of such transportation and subsistence against the soldier's pay on the next pay roll, in accordance with paragraphs 1111 and 1236. In case of a soldier absent on furlough, the date on which he reports at the station will be entered on the furlough. 111. Furloughs granted to enlisted men serving in Porto Rico, Hawaii, Guam, the Philippine Islands, Alaska, or at any station beyond the continental limits of the United States, for the purpose of returning thereto, will take effect on the dates they reach the United States, which will be indorsed on the furloughs by the transport quartermaster if travel is by United States transport; otherwise the certificate of the captain, purser, or other proper officer of commercial steamer upon which journey is made, as to date of arrival in home port will be indorsed thereon. The furloughs will direct the soldier to report for duty at the close of the last day thereof at the military post nearest the particular home port from which transports or commercial steamers usually sail for the islands or stations above referred to, and the commanding officers of these posts will assign such enlisted men to organizations under their command for the purpose of subsistence during the time they are detained at their posts, and they will be returned to their proper stations by the first available transport, or commercial steamer if there are no United States transports sailing to destination. Commanding officers will cause notation to be made on the furloughs showing the dates when the men report at their posts and at the proper time will issue the necessary orders directing them to rejoin their stations, reciting therein the date of their arrival in the United States, date of reporting at post, and whether or not commutation of rations has been paid. A copy of the order will be furnished to the soldier and to the commanding officer concerned. The quartermaster of the transport, or proper officer of commercial steamer on which these enlisted men return, will indorse on such orders the dates during which they were subsisted aboard the transport or commercial steamer. The order will be retained by the enlisted man, who will deliver it to his commanding officer as evidence of his authority to be absent from his post during the time required for travel in rejoining the same. 112. When the station of an enlisted man is changed while he is on furlough, he will, on joining his new station, be entitled to travel allowances for the excess of distance from the place of receipt of the order to the new station over the distance to his old station. A soldier who has returned to the station from which furloughed, his company having changed station during his absence, is entitled to transportation at the expense of the Government from the old to the new station of his company. Charges for transportation furnished to enlisted men on furlough, in pursuance of paragraph 110, will be adjusted in accordance with the requirements of this regulation. 113. Soldiers on furlough will not take with them their arms or accouterments, and no payments will be made to them without authority from the War Department. ARTICLE XVIII. TRANSFER OF ENLISTED MEN. 114. Transfers of enlisted men will be made for cogent reasons only and will be effected as follows: 1. When not involving change of station a. Within a regiment, by the regimental commander. b. Within a detached battalion serving at such a distance from regimen tal headquarters that more than 15 days are required for exchange of correspondence by mail, by the battalion commander. c. Within a coast defense command, by the coast defense commander. 2. In cases involving change of station, transfers will be made by the regimental commander, the battalion commander, under the circumstances stated in the preceding section, or the coast defense commander, with the approval of the authority competent to direct the necessary travel. 3. From one organization of the line of the Army to another serving a. Within any post commanded by a general officer, by the post com- b. Within any territorial department, by the department commander. 4. From the line of the Army to the Hospital Corps, as prescribed in the article relating to the Medical Department. 5. From one staff corps or department to another and from staff corps or departments to the line of the Army within any territorial department, by the department commander, or within any division, by the division commander, provided the enlisted strength of any staff corps or department will at no time exceed that authorized by existing orders or regulations. Only such men will be transferred as are, after careful inquiry, deemed suitable for service in the staff corps or department to which transfer is contemplated. Such transfers will not be authorized when they would deplete the staff corps or department involved to such an extent as to interfere with the efficient discharge of its duties. 6. In all other cases, by the War Department. 115. A transfer will take effect on the date of the receipt of the order at the post where the soldier is serving, and a descriptive list showing that date will be forwarded to the commanding officer of the company or detachment to which the soldier is transferred. The actual date of transfer will be stated on the roll upon which the soldier is first paid after transfer. ARTICLE XIX. DESERTERS. 116. When a soldier deserts, his immediate commanding officer will at once ascertain whether any public property has been lost in consequence thereof, and, if so, will proceed as in the case of property lost or destroyed, and the value of the articles lost will be charged against the deserter on the next pay rolls of his company. A copy of the approved report of the surveying officer will accompany the return to which the property pertains. 117. The company or detachment commander will turn over the clothing abandoned by a deserter to the quartermaster, with a certificate showing its condition and the name of the deserter to whom it belonged. The quartermaster will transfer to such depot of the Quartermaster Corps as may be designated all outer garments of distinctive uniform clothing. In no case will the money or proceeds of the sale of effects of a deserter be turned over to his relatives, nor any payment made therefrom by an officer on any account whatsoever. All other personal effects of a deserter will be disposed of as in the case of unclaimed effects of deceased soldiers-i. e., they will be sold by a council of administration and the proceeds of the sale deposited with a quartermaster. The quartermaster's receipt for the money deposited as above should clearly specify the nature of the deposit-i. e., whether for the proceeds of sale of effects or whether for the undrawn pay of a soldier who has deserted—and the officer responsible should furnish the quartermaster with the necessary information. Money or other valuables found upon an apprehended deserter are his personal property and will not be turned over to a quartermaster. 118. Whenever a desertion occurs at a post, the commanding officer will cause a number of descriptive lists of the deserter to be prepared on the special form prescribed, copies of which will be sent at once to such marshals, sheriffs, and police officers as the commanding officer may deem proper; also to the officer in charge of any recruiting station at or near the place where the deserter was accepted for enlistment, who will distribute them to the best advantage among civil officers in that vicinity authorized by existing law to summarily arrest deserters from the Army. 119. A post commander will promptly notify The Adjutant General of the Army, directly, of every desertion from his command, giving the full name, company, and regiment of the deserter, with dates of enlistment and desertion. 120. When a soldier deserts from or when a deserter is received at a post other than the station of his company or detachment, the commanding officer of the post will report the fact to the commanding officer of the company or : detachment, with date and place of desertion, apprehension, or surrender, and such additional data as he may possess requisite to the preparation of charges. If, however, a deserter whose company or detachment is stationed in Alaska or beyond the continental limits of the United States is received at a station within the United States, a similar report will also be made to the War Department. 121. A reward of $50 will be paid to any civil officer or civilian for the apprehension and delivery, to the proper military authorities at a military post, of a deserter from the military service, except a deserter from the Philippine Scouts, for whose apprehension and delivery a reward of $20 will be paid. A reward of $50 will also be paid for the apprehension and delivery, to the proper military authorities at a military post, of an escaped military prisoner. No reward will be paid in the case of a deserter or of an escaped military prisoner who is serving in the Army, Navy, or Marine Corps, or in the case of a deserter who, subsequently to his desertion, has been dishonorably discharged from any other enlistment in the Army, or who can claim exemp'ion from punishment under the one hundred and third article of war. The reward will be paid by the Quartermaster Corps and will be in full satisfaction of all expenses for arresting, keeping, and delivering the deserter or escaped military prisoner. The quartermaster making the payment will report that fact to the commanding officer of the organization to which the deserter belongs or to the commanding officer of the military post or prison from which the prisoner escaped. 122. When enlisted men are sent in pursuit of a deserter, the expenses necessarily incurred will be paid whether he be apprehended or not, and will be reported as in payment of rewards. Should a written order be issued for this duty and a transportation request be furnished the party in pursuit, the name, rank, company, and regiment of the deserter will be stated in the order and also noted on the request. 123. A reward will not be paid by a recruiting officer for the delivery of a deserter at a recruiting station, except upon express authority from The Adjutant General of the Army. In the event of the surrender or of the delivery of a deserter to a recruiting officer the latter will at once telegraph to The Adjutant General of the Army, stating whether the deserter is physically fit for service and requesting instructions relative to the disposition to be made of him and the payment of the reward. 124. When a report is received of the apprehension or surrender of a deserter at a post other than the station of his company, his company commander will immediately forward his descriptive list, military record, and statement of accounts, and the names of the witnesses and a brief statement of the evidence expected from each, together with a complete set of charges against the deserter, to the officer who makes the report. In cases reported to the War Department under the provisions of paragraph 120, the descriptive list will be furnished by The Adjutant General of the Army, and the charges will then be preferred at the post where the prisoner is held. 125. When a deserter surrenders or is delivered at a military post, the commanding officer will cause immediate inquiry to be made of him in regard to the dates of his enlistment and desertion, and if these indicate that trial is barred by law, and the deserter claims to have been within the limits of the United States during two years subsequent to the date of the expiration of the term for which he was enlisted, the commanding officer will telegraph to The Adjutant General of the Army for verification of the service claimed by the deserter. When it is determined that trial is barred by law the commanding ! 1 officer will require the deserter to file an affidavit asserting his claim, will immediately set him at liberty with instructions to apply by letter to The Adjutant General of the Army for a "deserter's release," and will then report his action directly to The Adjutant General of the Army, forwarding with the report the affidavit of the deserter. 126. The commanding officer will cause an enlisted man who has been apprehended or has surrendered as a deserter, and whose trial for desertion is not barred by the statute of limitation, to be examined by a medical officer at the post where he is received, and will forward a report of this examination to department headquarters with the charges for desertion. If the examination shows that the man is fit for service, the department commander will bring him to trial, or otherwise dispose of the case, as the interests of the Government may dictate, but no deserter will be sent before trial beyond the limits of the department in which he is returned to military control without authority for sending him beyond such limits having first been obtained from the War Department. 127. Rewards or expenses paid for apprehending a deserter, and the expenses incurred in transporting him from point of apprehension, delivery, or surrender to the station of his company or detachment, or to the place of his trial, including the cost of transportation of the guard, will be set against his pay upon conviction of desertion by a court-martial, or upon his restoration to duty without trial. A soldier convicted by a court-martial of absence without leave will be charged with the expenses incurred in transporting him to the station of his company or detachment, or to the place of his trial, including the cost of transportation of the guard. The transportation and subsistence of witnesses will not be charged against a deserter. 128. If a soldier be brought to trial under a charge of desertion and acquitted, or convicted of absence without leave only, any amount paid as a reward for his arrest will not be stopped against his pay unless, in case of conviction of absence without leave, the sentence of the court shall so direct. The sentence in such case should direct the charge to take the form of a stoppage, not a forfeiture, thus allowing the amounts to be credited as a reimbursement. 129. Deserters will be brought to trial with the least practicable delay. While awaiting trial they will receive no pay, nor will they be permitted to sign pay rolls, and will be required to wear the clothes worn at the time of arrest, unless it should be imperative to issue other clothing, when, as far as practicable, only deserters' or other unserviceable clothing will be issued. 130. A soldier in desertion or absent without leave who surrenders or is apprehended before his term of enlistment has expired is entitled to pay and allowances from the date of his return to military control. If he is subsequently restored to a duty status, he will serve for such period as will, with the time he may have served prior to his desertion or absence without leave, amount to the full term for which he enlisted; but the time during which he may have been in confinement awaiting trial or serving sentence imposed by a courtmartial for said offenses, or if he enlists while in desertion, the term served under such unlawful enlistment will not count as making good any of the time lost. If a soldier's term of enlistment expires while he is in confinement awaiting trial or serving sentence, his pay and allowances will cease from the date of the expiration of his term of enlistment and will not again accrue until he shall have been restored to a duty status. A soldier in desertion or absent without leave whose term of enlistment has expired prior to his return to military control is not entitled to pay and allowances until his restoration to a duty status, |