Kelly v. United States

Supreme Court of the United States
Kelly v. United States, 8 Ct. Cl. 110 (1874)
5 Ct. Cl. 476

Kelly v. United States

Opinion of the Court

Mr. Chief Justice Chase

delivered the opinion of the court:

This is an appeal from a judgment of the Court of Claims in favor of the appellee for an unpaid balance of bounty-money.

*112The claim was denied by the pay department on the ground that the bounty had been forfeited by desertion. The facts as found by the court were, that the petitioner had deserted, but was restored to duty by order of his department commander without trial, on condition that he make good the time lost— about two months; that he complied with the condition and was honorably discharged' at the expiration of his term of service.

We do not think that, under these circumstances, the bounty was forfeited. The able lawyer who fills at present the post ox Judge Advocate-General, in a case similar to the present, held that “ the honorable discharge of the deserter was a formal final judgment passed by the Government upon the entire military record of the soldier, and an authoritative declaration by it that he had left the service in a status of honor; that, as such, it dispensed altogether with the supposed necessity that the soldier must obtain bounty by removal, by order, of the charge of desertion from the rolls, and amounted of itself to the removal of any charge or impediment in the way of his receiving bounty.”

With this opinion we entirely concur. , The judgment of the Court of Claims is affirmed.

Reference

Full Case Name
KELLY'S CASE. Thomas W. Kelly v. United States
Status
Published
Syllabus
On the defendamos Appeal. A soldier charged with desertion is restored to duty without trial, by order of the commander of a military department, upon condition that he malee good the time lost by desertion. The soldier complies with the condition, and is honorably discharged. The Treasury Department refuses to pay his bou/nty,wldchby the terms of his enlistment is to be paid on his being honorably discharged, because of Ms desertion appearing on the rolls. The Court of Claims overrules the defense. Judgment for the claimant. The defendants appeal. The honorable discharge of a soldier is a formal final judgment passed by the Government upon his entire military record, and an authoritative ■ declaration that he left the service in a status of honor. As such, it relieves Mm from a charge of desertion appearing on the rolls, and removes every impediment in the way of the payment of bounty.