Cherry v. United States

This action is brought for the purpose of recovering the difference between the retired pay of a first sergeant and that of a master sergeant of the Army.

Plaintiff filed two applications for retirement. The first was made before he had served thirty years and the second after he had been reduced from master sergeant to private and then promoted to first sergeant. The action is based on the act of March 2, 1907, 34 Stat. 1217, 1218, which provides:

That when an enlisted man shall have served thirty years in the Army, Navy, or Marine Corps, or in all, he shall, upon making application to the…