Murphy v. United States

Plaintiff is a former enlisted member of the Navy. He claims that he is entitled to, and has been wrongfully denied, active duty pay and allowances from September 4, 1957, to March 31, 1958, Fleet Beserve retainer pay from August 18, 1947, until his completion of 30 years’ naval service, and, thereafter, retired pay except for the intervening period of active duty. Defendant has conceded that plaintiff is entitled to active duty pay and allowances to the extent of his claim. Plaintiff is entitled to retired pay only if he was entitled to be placed in the Fleet Beserve. We are, therefore,…