“ The following facts were found by that court, upon which this judgment was rendered in favor of the claimant, and from which the present appeal is taken: 'Claimant enlisted in the United States marine corps at the marine barracks, Washington, D. C., October 29, 1879, as a private, was assigned to duty with the marine band at the time of his enlistment, and remained and performed duty with the band as a private from that time until May 1, 1881, when he was rated as a musician. Prior to this last-mentioned date he was at no time rated as a musician, although playing in the band. ”