Aikins v. United States

*623MEMORANDUM BY THE COURT

Plaintiff was appointed to the provisional rank of 2nd lieutenant in the Marine Corps Reserve on December 16, 1918, without the examination prescribed by the act of August 29, 1916, 39 Stat. 587, which reads as follows:

“ No person shall be appointed or commissioned as an officer in any rank in any class of the Naval Reserve Force, or promoted to a higher rank therein, unless he shall have been examined and recommended for such appointment, commission, or promotion by a board of three naval officers not below the rank of lieutenant commander nor until he shall have been…