Paul G. Watstein, Plaintiff-appellant, v. the United States, Defendant-appellee, 878 F.2d 1446 (Fed. Cir. 1989)
Annotate this CaseBefore MAYER, Circuit Judge, SKELTON, Senior Circuit Judge, and MICHEL, Circuit Judge.
PER CURIAM.
DECISION
The judgment of the United States Claims Court, No. 680-86C (Sept. 21, 1988), denying Paul G. Watstein's claim for back pay, is affirmed.
OPINION
A prerequisite for commissioning is that the individual take the oath of office and execute AF Form 133 in accord with Air Force Regulation 36-39 (May 12, 1978). It is not enough that Watstein participated in a mass commissioning ceremony and that his AF Form 133 was prepared. See Goutos v. United States, 552 F.2d 922, 925 (Ct. Cl. 1976) ("an appointment is not made until the last act required by the person or body vested with the appointment power is performed"). There was no evidence before the Air Force Board for the Correction of Military Records or the Claims Court that the AF Form 133 was ever executed or that he took the required oath. Accordingly, the government's summary judgment motion was appropriately granted.
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