Bailey v. United States

LARAMORE, Judge.

Plaintiff, a retired Army officer who was recalled to active duty, and who reverted to a retired status in 1946, seeks to recover, for the period from October 1, 1949 to date, the difference between retired pay computed with credit for his service on the retired list before his recall to active duty and the retirement benefits which he has been paid, computed without such credit.

The question presented is whether plaintiff is entitled to credit, in the computation of his retired pay under the Career Compensation Act of 1949, 63 Stat. 802, 37 U.S.C.A. § 231 et seq., the time…