In Denby v. Berry, 263 U.S. 29, 44 S.Ct. 74, 68 L.Ed. 148 (1923), a Naval Reserve officer on active duty was found by a naval board of medical survey to be under permanent disability incurred in line of duty; the board recommended that his case be referred to a retiring board. The Secretary of the Navy disapproved this recommendation, and the officer was ordered released from active duty. The officer challenged the authority of the Secretary to make such an order, claiming that under the law he was entitled to have his case considered by a retiring board in the same manner as regular officers. The Court of Appeals of the District of Columbia agreed with the officer. The Supreme Court disagreed with the Court of Appeals, finding that reserve officers came under a different statutory structure, under which the decision to order to inactive duty reserve officers serving on active duty was within the discretion of the President and his alter ego in the Navy Department, the Secretary. "Nowhere is there found any limitation upon the discretion of the Executive in this regard. The orders in such cases were in the nature of military orders by the Commander in Chief in the assignment or withdrawal of available forces to or from duty for the good of the service." Denby, 263 U.S. at 34, 44 S.Ct. 74.