Covell v. United States

Plaintiff sues for the pay of a rear admiral of the upper half, to which he claims he is entitled under the proviso to section 3 of the Act of January 12,1923 (42 Stat. 1130). .

On May 24,1939, plaintiff was appointed Assistant Commandant of the United States Coast Guard. He retired on January 1,1942, after having served 41 years, 6 months, and 13 days.

The proviso to section 3 of the Act of January 12, 1923, provides that after a commissioned officer of the Coast Guard has served forty years and he shall retire, “he shall be placed on the retired list with the rank and retired pay of one grade…