Summary

Portrait of William Howard Taft William Howard Taft Denby v. Berry — Opinion of the Court

No form of retirement is a removal by way of punishment. Indeed, section 1456, R. S. (Comp. St. § 2635) , expressly forbids retirement because of misconduct on account of which an officer may be sent before a courtmartial. It is very clear, therefore, that a mere change of status from active service to inactive duty in the Naval Reserve Force is not a 'retirement' in the meaning of section 1455, R. S., the Act of July 1, 1918, or that of Jule 4, 1920.
Source: Wikisource

Portrait of William Howard Taft William Howard Taft Denby v. Berry — Opinion of the Court

When the Bureau of Navigation detached relator from active duty and told him to go home and regard himself as honorably discharged from active service in the Navy, he was not ousted from the Naval Reserve Force or the Navy. The words 'honorably discharged' were only to advise him and others that the change of his status from active to inactive duty was not because of his fault or misconduct.
Source: Wikisource

Portrait of William Howard Taft William Howard Taft Denby v. Berry — Opinion of the Court

A board of medical survey is simply an executive instrumentality which the Secretary may use to obtain an expert opinion as to the physical capacity of an officer or man. Its recommendations involving retirement must always come to the Secretary for his approval. In the due course of business in the Navy Department applications for retirement dependent on disability must also come before the Secretary, who, acting for and in aid of the President, makes preliminary inquiry into the need of ordering a retiring board.
Source: Wikisource

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