McTernan

Plaintiff, an attorney at law, was a commissioned officer in the United States Naval Reserve in active duty from October 30, 1942 until May 24, 1946, when he was officially and honorably separated from active status. Since that time he has held the rank of lieutenant in the United States Naval Reserve. He has been continuously a practicing attorney since his honorable separation from active duty in the navy in May 1946.

In August of 1951, the defendant Rodgers, as Commandant of the Twelfth Naval District and on behalf of the Bureau of Personnel of the Navy, notified plaintiff that, pursuant to certain directives of the Secretary of the Navy, an investigation had been conducted relating to plaintiff’s conduct and associations, which, the notification stated, tended to cast doubt upon his loyalty. The notification further informed plaintiff that he could ■ reply to interrogatories submitted therewith or submit a statement of his own. Thereafter, in November of 1951, plaintiff submitted such a statement, together with his resignation as an officer in the United States Naval Reserve. The offer of resignation was rejected and plaintiff was informed that his resignation would be…