Harrington v. United States

*458OPINION

Plaintiff was retired on December 31,1938, as a lieutenant colonel in the Dental Corps of the United States Army. About two and one-half years later, on June 14,1941, he was recalled to active duty. He was released therefrom on September 20, 1946, and reverted to inactive status on the retired list as a lieutenant colonel.

On February 22, 1946, he had completed 26 years’ active service. This, he says, entitled him to promotion to the rank *459of colonel and to the pay and allowances of that rank. He relies on section 10 of the National Defense Act of June 3, 1916 (39 Stat. 166, 171), as…