Austin v. United States

This suit has been instituted by a former chief petty officer of the U.S. Navy to recover disability retired pay computed under the provisions of method (1) of section 402(d) of Title IV of the Career Compensation Act of 1949, 63 Stat. 802, 818-819.

Plaintiff’s claim is that he is entitled to be credited, for longevity pay purposes, for the period from July 2, 1933 through August 28, 1940, when he was a member of the Fleet Naval Reserve on inactive duty.

It is the position of defendant that since plaintiff’s active duty pay at the time of his last release from active duty on November 14, 1941,…