Digest of Opinions of the Judge Advocate General of the Army

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The commission of a first lieutenant, Medical Reserve Corps, ex- pired June 3, 1917, but the officer continued in service without a new commission and received pay and mileage as an officer until August 31, 1917. On September 9 he accepted a commission as captain, Medical Officers' Reserve Corps. Held, that from June 3 to Sep- tember 9 he was a de facto officer and was entitled to keep the pay already received, but was entitled to receive no more pay except for the period beginning September 9,
... when he became a de jure officer.
Ops. J. A. G. 324.23, Nov. 14, 1917.
OFFICE IV, E 2 : Dismissal of temporary and provisional officers.
The President has complete power to discharge any temporary officer of the Regular Army holding appointment under section 1 of the act of May 18, 1917. Commanding generals may appoint military boards to pass upon the capacity and fitness of such officer, whose findings may be laid before the President for such action as he sees fit. (Sees. 1 and 9 of act of May 18, 1917; subpar.


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