Reading Room Document

Whether a Commissioned Military Officer May Retain His Commission If He Accepts a Presidential Appointment as Administrator of General Services or a Presidential Designation as Acting Administrator

This document addresses the issue of whether a commissioned military officer can retain his commission if appointed as Acting Administrator of General Services or subsequently appointed as Administrator. The conclusion reached is that a military officer cannot retain his commission if appointed as Acting Administrator of General Services, as it would terminate his military appointment. The document also discusses the interpretation of the term "officer of the Government" and concludes that a military officer without a statutory position in a military department is not eligible for designation as Acting Administrator. Additionally, it states that a military officer cannot be appointed as Administrator of General Services without forfeiting his commission. The questions presented for review include the eligibility of a military officer for these civil positions and the impact on their military appointment.

April 10, 1979