"The United States military prison at Fort Leavenworth, Kansas, shall hereafter be known as the United States Disciplinary Barracks and the branches of said prison as branches of said barracks."

Section 1453: The Government and control of the United States Disciplinary Barracks and of all offenders sent thereto for confinement and detention therein shall be vested in The Adjutant General of the Army under the direction of the Secretary of War, who shall from time to time make such regulations respecting the same as may be deemed necessary (Mar. 4, 1915, c. 142, sec. 2, 38 Stat. 1085; May 29, 1928, c. 901, sec. 1 (33), 45 Stat. 988).

Section 1457: Whenever he shall deem such action merited, the Secretary of War may remit the unexecuted portions of the sentences of offenders sent to the United States Disciplinary Barracks for confinement and detention therein, and in addition to such remission may grant those who have not been discharged from the Army an honorable restoration to the Army to complete their respective terms of enlistment, and such application and order of restoration shall be effective to revive the enlistment contract for a period equal to the one not served under said contract (Mar. 4, 1915, c. 143, sec. 2, 38 Stat. 1085).

Army Regulation 5-5, April 2, 1945, Paragraph 4a, delegates responsibility for supervision over military prisoners and action upon clemency cases in mitigation or remission of sentence by court-martial to the Under Secretary of War.

(b) Functions. (1) Supervises the operation of a penal and correctional system of the Army and is charged with the care, custody training and rehabilitation of general prisoners confined at United States disciplinary barracks.

(2) Formulates minimum standards and outlines procedures for classification, discipline, military and vocational training, work and recreation of prisoners, and plant and equipment.

(3) Coordinates administration and activities of disciplinary barracks and branches, post, camp and station guardhouses and stockades in the United States. Conducts regular inspections of these installations.

(4) Handles applications for home parole, makes disposition of insane general prisoners and effects transfer of general prisoners from one institution to another.

(5) Processes requests for Presidential pardon for members of the United States Army.

(c) Procedures-(1) Clemency. Under the provisions of paragraph 18a Army Regulations 600–375, May 17, 1943,

723338-47-SUPP. IX-BK. 2- -6

the case of each general prisoner is considered by the War Department for clemency at sometime within the first six months and annually thereafter. Applications for clemency may be made in writing by or in behalf of a general prisoner. Such an application will set forth the grounds upon which the appeal is based, and will be forwarded through channels, with appropriate recommendations, to the commanding officer holding general court-martial jurisdiction over the prisoner. Good conduct cannot form a basis for clemency, but will aid in obtaining it. After the first application, applications by prisoners will be limited to one each year unless new and material matter is presented which justifies immediate, consideration. The Adjutant General reviews files of general prisoners periodically for clemency, making recommendations to the Under Secretary of War as to action to be taken and notifies all concerned of results of clemency consideration.

(2) Restoration. Applications for restoration to duty or for enlistment are submitted by the general prisoners directly to the Commandant or Warden of the institution where confined. If favorably considered by the Commandant, recommendation is made to the War Department to assign general prisoner to a Military Training Company for the necessary training prior to restoration to duty.

(3) Parole. Under provisions of Army Regulation 600-415, a prisoner who is confined under military control within the continental limits of the United States pursuant to a sentence imposed by a general court-martial or other military tribunal, who has served one-third of the total of his term or aggregate terms of confinement, but in no case less than 6 months, or has served 10 years if sentenced for life, will be eligible for parole. Abatements for good conduct will be excluded in computing such minimum periods of confinement.

Each prisoner who makes application on the prescribed form will be considered for parole upon becoming eligible, and at least annually thereafter.

A prisoner who does not desire to make application for parole will execute a waiver or parole on the prescribed form. If at any time prior to release a prisoner wishes to withdraw his application for parole, he will execute a waiver of parole,

Page 1507

A waiver of parole is no barrier to subsequent application for parole.

No prisoner will be released on parole until an officer of a recognized probation, parole, or other correctional organization or, if not available, some other suitable person residing in or near the place where the prospective parolee will live while on parole, has been approved by the commandant as a parole advisor.

Unless waived by The Adjutant General for physical disability or other cogent reasons, no prisoner will be released on parole until satisfactory evidence shall have been furnished that he will engage in a reputable occupation. The prospective employer will be required to execute the prescribed "Agreement of Employer" form.

In the above the following printed forms will be supplied by the parole officer at the institution where confined and filled in:

Application for Parole.
Waiver of Parole.

Statement of Parole Advisor.
Agreement of Employer.
Report of Arrival of Parolee.

Parole of general prisoners at Federal institutions. Policies and procedures governing that release on parole of general prisoners confined at Federal penal and correctional institutions are under the jurisdiction of the United States Board of Parole.

(4) Pardon. Application for Presidential pardon will be requested by letter to The Adjutant General who will supply the proper forms to be executed.

Decorations and Awards § 2.72 Branch; authority. (a) A Certificate of Authority to manufacture certain articles will be granted upon application to The Adjutant General's Office, Attention: Chief, Decorations and Awards Branch, Room 2B 852, The Pentagon, Washington 25, D. C., only upon agreement in writing by the applicant to abide by the following provisions:

(b) The Certificate of Authority will be valid for 3 years from date of issuance. Application for a renewal must be filed with The Adjutant General's Office, Attention: Chief. Decorations and Awards. Branch, Room 2B 852. The Pentagon, Washington 25, D. C., at least 60 days prior to expiration date of the existing certificate.

(c) Each application for a Certificate of Authority to manufacture Army insignia is investigated by the War Department through the various Army. Commands. The background and business standing of each firm is checked through the various credit firms such as Dun and Bradstreet, the local Better Business Bureaus, Chambers of Commerce, and banks. Should the information so obtained indicate irregularities in the conduct of the business the application is disapproved and the applicant so advised.

In the event the information obtained indicates nothing of a derogatory nature the application is approved and the applicant furnished a Form of Agreement for completion and signature and return to The Adjutant General's Office, Attention: Chief, Decorations and Awards Branch, Room. 2B 852, The Pen- . tagon, Washington 25, D. C., upon receipt of which a Certificate of Authority is prepared and mailed to the applicant.

$ 2.73 The Personal Affairs Program. (a) Personnel Affairs Officer, in all major Army installations, provide a conveniently centralized counseling service to military personnel and their dependents on problems relating to the service of the military personnel. Discharged personnel, their dependents and dependents of deceased personnel may also receive assistance on problems which relate solely to Army administration.

(b) These offices are primarily information centers. They do not themselves administer governmental programs of assistance to servicemen, veterans or their dependents. If the operating agency for a specific program is known, inquiry should be addressed to that agency. If not, the Personal Affairs office at the nearest military installation will assist in channeling the request to the proper agency.

(c) They collect and disseminate information relating to rights and benefits accruing to military personnel by virtue of their service. They also maintain liaison with governmental and private agencies in order to expedite the solution of personal problems of military personnel and their dependents. This program is administered by The Adjutant General through the Personal Affairs Offices under the policies of the War Department.

§ 2.74 Enlisted Branch, AGO-(a) General. The Enlisted Branch, Personel Bureau, AGO administers all matters pertaining to notification to soldiers of a birth, death or serious illness in his family, the furnishing of certificates of service under the Soldiers and Sailors Civil Relief Act of 1940 (54 Stat. 1178, as amended; 50 U.S.C., App. and Sup., 501 et seq.) and the discharge of enlisted men from the Army. The War Department has decentralized the control of discharge of enlisted men to local commanders in the field, who normally take the final action upon a request for discharge without reference to the War Department. Inquiries directed to the War Department by the public regarding the above subjects should be addressed to the Adjutant General, War Department, Washington 25, D. C.

(b) Minority. Section II, AR 615–362. (1) The act of Congress approved June 30, 1921 (42 Stat. 74; 10 U. S. C. 635; M. L. 1939, sec. 231) provides for the discharge of enlisted men under the age of eighteen on the application of either of their parents or legal guardian. If the enlisted man is in the United States the application by the parent or legal guardian should be submitted to the commanding officer of the station at which the soldier is serving. The application must be accompanied by a certified photostatic copy of the soldier's original birth certificate. If the soldier is serving overseas, the application and evidence of date of birth may be submitted to The Adjutant General.

(2) The Armed Forces Voluntary Recruitment Act of 1945, approved October 6. 1945 (59 Stat. 538; 10 U.S.C., Sup., 635) (Bulletin No. 19, WD, Oct. 22, 1945) provides that any enlisted man voluntarily enlisted in the Regular Army without the consent of his parents or guardian, who is 18 years of age but under 21 years of age, may be discharged from that portion of his enlistment contract as extends beyond the duration of the present war and six months thereafter, provided the application of parent or guardian is submitted within six months after enlistment. If the enlisted man should become 21 years of age prior to becoming eligible for discharge, he cannot be discharged because of minority, but must serve his full term of enlistment.

(3) A Regular Army enlisted man who is 17 years of age but has not reached his 18th birthday, may be discharged upon

application of parent or guardian and presentation of satisfactory evidence of his age. However, a Regular Army enlisted man who has reached his 17th birthday and enlisted with the consent of his parents or guardian, cannot be discharged because of minority.

(4) Regular Army enlisted men under 17 years of age, and inductees under 18 years of age, may be discharged upon application of parent or guardian and presentation of satisfactory evidence as to age, regardless of whether consent was given to the enlistment.

Section

(c) Dependency or hardship. III, AR 615–362. (1) When by reason of death or disability of a member of the family of an enlisted or inducted person, occurring after his enlistment or induction, members of his family become principally dependent upon him for care or support, he may, in the discretion of the Secretary of War, be discharged.

(2) When under circumstances not involving death or disability of a member of the family of an enlisted or inducted person, where his discharge will materially affect the care or support of his family by alleviating undue hardship, he may, in the discretion of the Secretary of War, be discharged.

(3) The application for discharge because of dependency or hardship, with supporting evidence, is normally submitted by the enlisted man to his immediate commanding officer, and final action is taken by the officer in the field exercising discharge authority, if the discharge is approved. If the application is disapproved by the discharge authority in the field, the above mentioned regulation requires that the application and supporting evidence be forwarded to The Adjutant General for review and final action. After a review of all the evidence submitted with the application, The Adjutant General directs either the discharge or retention in the service of the enlisted man.

(4) Families of enlisted or inducted personnel not physically in the United States may submit request for dependency or hardship discharge to The Adjutant General, accompanied by the evidence outlined in paragraph (e) of this section.

(5) An application submitted for the discharge of an enlisted man because of dependency or hardship must be accompanied by affidavits from the dependents

and at least two disinterested agencies or individuals having first-hand knowledge of the circumstances involved, substantiating the dependency or hardship claim. If due to death of a member of the enlisted man's family occurring after his entrance into the service, a certificate or other valid proof of death should be furnished. If due to disability of a member of the enlisted man's family occurring after his entrance into the service a physician's certificate should be furnished showing specifically when such disability occurred and the nature thereof. There should also be furnished the names, ages, occupations, and monthly income of members of the enlisted man's family, if any, living in the home or vicinity and reasons why these members cannot provide the necessary care or support of the enlisted man's family. Enlisted personnel or their dependents may request American Red Cross local chapters or other agencies for help in obtaining necessary evidence to substantiate applications for discharge.

(d) National health, safety, or interest. AR 615-365 (Convenience of the Government). Discharges in order that a soldier may return to essential civilian employment or to engage in essential agriculture can be granted in especially deserving cases without regard to length of service. The application should be submitted by the soldier to his immediate commanding officer, if the soldier is stationed in the United States, and final action is taken by the officer in the field exercising discharge authority. Applications in behalf of enlisted men serving overseas may be submitted to The Adjutant General, who will take final action. The application should fully set forth all of the pertinent facts and should be accompanied by such supporting statements or data in affidavit form as may be appropriate. The War Department believes that mass releases under the demobilization plan will take care of the great bulk of the requirements of industry, agriculture and the professions. Therefore, discharges on the basis of the national interest are limited to unusual cases.

(e) Demobilization plan. AR 615-365 (Convenience of the Government) and Readjustment Regulation 1-1. (1) All non-volunteer, enlisted fathers will be separated by September 30, 1946, regardless of length of service.

(2) All non-volunteer, enlisted men with 20 months of service as of September 30, 1946, will be separated by that date.

(3) Beginning October 1, 1946, all non-volunteer, enlisted men with 18 months of service as of November 30, 1946, will be eligible for separation and will be separated by November 30, 1946.

(4) All non-volunteer, enlisted men who accumulate 18 months of service in any month subsequent to November will be separated by the last day of the month in which they accumulate 18 months of service.

(5) Until September 30, 1946, the same discharge criteria will apply to enlisted women as to enlisted men.

(f) Fraudulent entry into Army. Section I, AR 615-366. Enlisted personnel are discharged because of fraudulent entry into the service for the following reasons only: (1) Concealment of desertion from the armed forces of the United States or an unauthorized absence from the Army of the United States.

(2) Concealment of separation from the armed forces of the United States with form of discharge certificate other than honorable.

(3) Concealment of a criminal record, as conviction once by a civil court of a heinous crime, or sentence to a period of confinement in excess of 1 year in a prison or penitentiary.

Final action on cases of this nature is taken by the commander in the field exercising discharge authority.

(g) Notification to soldier of birth, illness, and death in family. Such requests should be addressed to The Adjutant General's Office, Enlisted Branch, Washington 25, D. C. Families desiring to notify a soldier of the birth, illness or death in the family should submit the request to the above address by telegram or letter. The soldier concerned will be notified by most expeditious manner.

(h) Requests for certificates of service under the Soldiers and Sailors Civil Relief Act. Requests should be addressed to The Adjutant General's Office, Enlisted Branch, Washington 25, D. C., should contain sufficient information to make positive identification of the individual concerned and should be accompanied by a properly executed affidavit

(a)

§ 2.75 The Army Postal Service. The Army Postal Service is an administrative service, which, under the jurisdiction of The Adjutant General, exercises staff supervision and coordinates mail operations throughout the military establishment. The headquarters is located in The Adjutant General's Office, War Department, Washington, D. C.

(b) The Director, Army Postal Service, is charged with responsibility for handling or coordinating all War Department matters connected with the operation of the Army Postal Service within policy and procedural limitations established by higher authority. He directs the following functions of the Army Postal Service:

(1) The organization and staff supervision of postal service for the Army in oversea areas (including Expeditionary Force and Senders Composition Message services); and assistance to the civil postal establishment in providing postal services for Army organizations in the zone of interior.

(2) Arrangement and coordination of transportation of mail for troops located overseas.

(3) Maintenance of an inspection branch which performs technical postal inspection duties throughout the Army.

(4) Operation of the Army Courier Service and the War Department Foreign Mail Room for the transmission of official, classified material.

(5) Liaison and coordination with the Post Office Department on all matters of general policy, planning, operations, and supply as they relate to the handling of mail and financial matters in Army postal installations.

(6) Assignment of Army Post Office numbers and issuance of military mailing address instructions.

(7) Administration of activities pertaining to postal inquiries and claims.

(8) Selection for the Secretary of War and designation by the Post Office Department of Army Mail Clerks and Assistant Army Mail Clerks.

(c) The Army Postal Service causes appropriate investigation to be made of all complaints and reports of irregularities pertaining to Army mails and initi

ates remedial action in connection therewith. Tracers regarding undelivered mail and claims for indemnity in case of registered and insured mail are processed by the Army Postal Service and the. claims are transmitted to the Post Office Department or to the Claims Division of the War Department for settlement, depending upon responsibility in the matter. Applications for duplicate money orders, to replace originals purchased at Army Post Offices and subsequently lost or destroyed, are channeled through the Army Postal Service to the Post Office Department for issuance of new money orders.

(d) Inquiries, complaints, tracers, and claims involving operations of the Army mail service should be addressed to the Director, Army Postal Service, Washington 25, D. C. If attention of military commanders in the continental U. S. or overseas is necessary, subject matter is referred to them for appropriate action by the most expeditious means practicable. When action by postmasters is concerned, referral is made to the Post Office Department for issuance of appropriate instructions or other necessary attention.

§ 2.76 United States Military Academy-(a) General. The War Department will again provide special courses of instruction for those members of the military service who hold letters of appointment to the Military Academy issued by the War Department for admission on July 1, 1947 as principals, alternates or competitors. The following information on this subject is furnished:

(1) Eligibility. Each officer, flight officer, warrant officer and enlisted man on active duty in the Army, including those overseas, is eligible to receive the special training provided he holds a letter of appointment issued by the War Department with a view to admission to the United States Military Academy on July 1, 1947, and has been found qualified on preliminary physical examination for admission to the United States Military Academy.

(2) Nature of training. The training will be conducted in two courses at Stewart Field, New York, under direction of the Superintendent, United States Military Academy, as follows:

(i) First course. An academic course designed to prepare the trainee for the entrance examination will be divided