About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

105181 1 (1978-02-17)

handle is hein.gao/gaobadfse0001 and id is 1 raw text is: I # * FILE: 3-187759 DATE: ebruary 17,1978 MATTER OF: Coionel Wilfred L. Ebel, TJSAR DIGEST: 1. No basir exists forpayment of the difference in pay between that of pay grade 0-5 and 0-6, when an officer's promotion is delayed under 10 U.S. C. 3363(e) even though President has signed a promotion list but thereafter retarns it to Secretary of the Army pursuant to his request prior to sub- missidn to, Senate for confirmation, since Secretary has authority to delay promotion at any time prior to comple- tion of promotion process if investiga- tion is in-progress. In any event President clearly has such authority, and return of list prior to forwarding to the Senate is tantamount to agree - ment with Secretary. 2. Action by Secretary of the Army under10 U.S. C. 3363(f) removing membet's name from promotion list on basis of iivestigation revealing tmt Reserve 'ifficer seeking unit vacancy promoticn uinder 10 U. S.C. 3384, did not intend to serve in unit but con- tenplated being ordered to active duty, appears to be within authority of Secre- tary although officer had not yet accepted active duty orders. 3. Claim for activ-duty pay and allowinces may not be paid for services performed by Reserve offider without orderst 'ven though Government benefits from tne services, particularly where active duty orders were issuid but refused by officer. This action pertains to the claim of Colonel Wilfred L. Ebel, USAR, for pay and allowances of a lieutenant colonel for the period November 18. 1974, through March 25, 1975, while serving in the Office of the Deputy _ __ _ I 'F Y -Ii Lit 'jvJ j / THE COMPTNOLLEN RNEAL DCISION . .OP THE UNITED ETATES ' WABSirJTON. D.C. R054 I LeZl~ I

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most