Cowden v. United States

This case is before us on the parties’ cross-motions for summary judgment. The issue is whether plaintiff James Cowden is entitled to receive military pay and allowances from the expiration of his term of enlistment to the date of his formal release although he was confined and subsequently parolled during that time under a court-martial sentence later set aside and never set for rehearing. Based on our reading of the applicable statutes and military regulations, we conclude that plaintiff is entitled to recover.

Cowden enlisted in the Army on September 7, 1972, for a period of three years.…