A-34397, DECEMBER 11, 1930, 10 COMP. GEN. 264

A-34397: Dec 11, 1930

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IS. WHEN HE IS APPREHENDED BY A CIVIL OFFICER AS A DESERTER AND DELIVERED TO THE MILITARY AUTHORITIES. HE IS WITHIN THE PROVISIONS CONTAINED IN THE ANNUAL APPROPRIATION ACTS FOR THE PAYMENT OF A REWARD OF $50. REQUESTING DECISION WHETHER PAYMENT OF THE REWARD OF $50 IS AUTHORIZED FOR THE APPREHENSION AND DELIVERY TO THE MILITARY AUTHORITIES OF A FLYING CADET. AS A FLYING CADET AND WAS ASSIGNED FOR DUTY WITH THE CADET DETACHMENT. IT IS STATED THAT HE DESERTED THE SERVICE JUNE 23. WAS APPREHENDED BY ANTHONY J. WAS DELIVERED AUGUST 12. " ARE PROVISIONS AS FOLLOWS: THE SECRETARY OF WAR IS HEREBY AUTHORIZED AND DIRECTED TO ESTABLISH AND MAINTAIN AT ONE OR MORE ESTABLISHED FLYING SCHOOLS COURSES OF INSTRUCTION FOR AVIATION STUDENTS.

A-34397, DECEMBER 11, 1930, 10 COMP. GEN. 264

REWARDS - DESERTERS - FLYING CADETS A FLYING CADET, AIR SERVICE, UNITED STATES ARMY, IS, BY THE ACT OF JULY 11, 1919, 41 STAT. 109, GIVEN THE STATUS OF AN ENLISTED MAN IN THE ARMY, AND WHEN HE IS APPREHENDED BY A CIVIL OFFICER AS A DESERTER AND DELIVERED TO THE MILITARY AUTHORITIES, HE IS WITHIN THE PROVISIONS CONTAINED IN THE ANNUAL APPROPRIATION ACTS FOR THE PAYMENT OF A REWARD OF $50.

COMPTROLLER GENERAL MCCARL TO FIRST LIEUT. JOHN F. CONNELL, UNITED STATES ARMY, DECEMBER 11, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 21, 1930, REQUESTING DECISION WHETHER PAYMENT OF THE REWARD OF $50 IS AUTHORIZED FOR THE APPREHENSION AND DELIVERY TO THE MILITARY AUTHORITIES OF A FLYING CADET, UNITED STATES ARMY, CHARGED WITH DESERTION. THE QUESTION HAS ARISEN IN CONNECTION WITH THE CASE OF JOHN BONNELL, A.S. 6803796, WHO ENLISTED JUNE 21, 1929, AS A FLYING CADET AND WAS ASSIGNED FOR DUTY WITH THE CADET DETACHMENT, KELLY FIELD, TEX. IT IS STATED THAT HE DESERTED THE SERVICE JUNE 23, 1930, AND WAS APPREHENDED BY ANTHONY J. PIOTROWSKI, POLICE OFFICER, MICHIGAN CITY, IND., AND WAS DELIVERED AUGUST 12, 1930, BY SUCH CIVIL OFFICER TO THE MILITARY AUTHORITIES AT FORT SHERIDAN, ILL.

IN THE ACT OF JULY 11, 1919, 41 STAT. 109, UNDER THE TITLE "AIR SERVICE," ARE PROVISIONS AS FOLLOWS:

THE SECRETARY OF WAR IS HEREBY AUTHORIZED AND DIRECTED TO ESTABLISH AND MAINTAIN AT ONE OR MORE ESTABLISHED FLYING SCHOOLS COURSES OF INSTRUCTION FOR AVIATION STUDENTS.

AVIATION STUDENTS SHALL BE ENLISTED IN OR APPOINTED TO THE GRADE OF FLYING CADET, AIR SERVICE, WHICH GRADE IS HEREBY ESTABLISHED; * * *.

UPON COMPLETION OF A COURSE PRESCRIBED FOR FLYING CADETS, EACH FLYING CADET, IF HE SO DESIRE, MAY BE DISCHARGED AND COMMISSIONED AS A SECOND LIEUTENANT IN THE OFFICERS RESERVE CORPS: PROVIDED, THAT THE SECRETARY OF WAR IS AUTHORIZED TO DISCHARGE AT ANY TIME ANY FLYING CADET WHOSE DISCHARGE SHALL HAVE BEEN RECOMMENDED BY A BOARD OF NOT LESS THAN THREE OFFICERS.

THE ESTABLISHMENT AND MAINTENANCE OF THE GRADE OF FLYING CADET IN THE AIR SERVICE IS FOR THE PURPOSE OF TRAINING MEN TO BECOME OFFICERS IN THE AIR SERVICE, OFFICERS' RESERVE CORPS. UNDER THE STATUTE AND ARMY REGULATIONS 615-160 PROMULGATED THEREUNDER, MEN SELECTED FOR THE COURSE ARE REQUIRED TO ENLIST IN THE ARMY. PARAGRAPH 13C PROVIDES THAT AN ENLISTED MAN ALREADY IN THE SERVICE WILL NOT BE ORDERED TO A FLYING SCHOOL AS A FLYING CADET UNLESS HE SHALL HAVE TWO YEARS TO SERVE IN HIS CURRENT ENLISTMENT, OTHERWISE HE IS REQUIRED TO BE DISCHARGED AND REENLISTED FOR THREE YEARS. CIVILIANS ARE REQUIRED TO ENLIST IN THE ARMY FOR THREE YEARS. IF THEY COMPLETE SATISFACTORILY THE COURSE OF INSTRUCTION PRESCRIBED AND HAVE THE NECESSARY QUALIFICATIONS, THEY MAY ELECT TO BE DISCHARGED AND COMMISSIONED IN THE AIR SERVICE, OFFICERS' RESERVE CORPS. THEIR DISCHARGE PRIOR TO COMPLETION OF THE COURSE IS BY ACTION OF THE SECRETARY OF WAR UPON RECOMMENDATION OF A BOARD OF NOT LESS THAN THREE OFFICERS. FURTHERMORE, FLYING CADETS ARE BY SECTIONS 2 AND 13A OF THE NATIONAL DEFENSE ACT OF 1920, 41 STAT. 759, AND SECTION 2 OF THE ACT OF JULY 2, 1926, 44 STAT. 780, AMENDING SECTION 13A, INCLUDED IN THE TOTAL ENLISTED MEN OF THE ARMY AND IN THE ENLISTED MEN AUTHORIZED FOR THE AIR CORPS. FLYING CADETS HAVE THE STATUS OF ENLISTED MEN IN THE ARMY AND ARE WITHIN THE PROVISIONS CONTAINED IN THE ANNUAL APPROPRIATION ACTS PROVIDING FUNDS "FOR THE APPREHENSION, SECURING, AND DELIVERING OF SOLDIERS ABSENT WITHOUT LEAVE AND DESERTERS" 45 STAT. 436, IN THE AMOUNT OF $50 FOR EACH DESERTER. ACCORDINGLY YOU ARE ADVISED THAT PAYMENT IS AUTHORIZED ON THE VOUCHER IF BONNELL WAS DECLARED A DESERTER BY HIS COMMANDING OFFICER AND HAD NOT BEEN DISCHARGED FROM THE SERVICE AT THE TIME OF HIS APPREHENSION, AND IF THE VOUCHER IS OTHERWISE CORRECT.