Unger v. United States

This is an action to recover retainer pay as a member of the Fleet Reserve pursuant to section 203 of the Naval Reserve Act of 1938, 52 Stat. 1175, 1178, providing for the transfer of enlisted men to the Fleet Reserve upon the completion of either 16 or 20 years of active naval service, with retainer pay based upon length of service, and the Career Compensation Act of 1949, 63 Stat. 802, providing for the retainer and retired pay of enlisted personnel of the U.S. Navy.

The case arises on cross-motions for summary judgment and the following facts are pertinent: Plaintiff first enlisted in the…