Lowell v. United States

At the time of plaintiff’s retirement he was serving on active duty to which duty he had been called for a period in excess of 30 days. He was so serving as a major, in which grade he held a commission in the Army of the United States. At the same time, he also held a commission in the grade of lieutenant colonel in the Officers’ Eeserve Corps, in which grade he was not serving, nor had ever served, on active duty. Both commissions were in Reserve components of the uniformed services.

Section 402 (a) and (b) of Title IV of the Career Compensation Act of 1949, 63 Stat. 802, 816, 817, which was…