Strauss v. United States

The plaintiff, a retired rear admiral of the Navy, was recalled to active duty and served as a member of the submarine board during the period from June 29, 1928‘, to March 30,1929. The question here concerns his right to the difference between the retired pay received by him and the active duty pay provided for under the statutes.

This question has heretofore been passed upon by this court in Hugh Rodman v. United States, 70 C. Cls. 751. It was there decided that the right to the difference in the pay was provided for by the act of August 29, 1916 (39 Stat. 581), and was not repealed by the…