Mayer v. United States

This action for military retirement pay (non-disability) is before the court on plaintiff’s motion and defendant’s cross motion for summary judgment. Plaintiff, an officer in the United States Air Force Reserve (USAFR), attained the age of sixty years on October 30, 1968. By that time he had completed more than 20 years of Federal military service. The question before the court is whether plaintiff is entitled to military retirement pay under the terms of 10 U.S.C. §§ 1331 and 1332. Specifically, the question is whether plaintiff, notwithstanding the fact that he has satisfied the minimum age…