McTernan v. Rodgers

GOODMAN, District Judge.

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…