Carter v. United States

Dureee, Judge,

delivered tbe opinion of the court:

This is a suit to recover the difference between the retired pay of a lieutenant colonel and that of a full colonel. The plaintiff was retired for age as a lieutenant colonel, Regular Army, in 1942 and immediately recalled to active duty. He was retired a second time in 1944, again as a lieutenant colonel. While serving on active duty and before his initial retirement, the plaintiff was recommended for promotion to full colonel by his commanding officer but no action was taken to effect a promotion at any time prior to his second retirement.

*336In…