Smith v. United States

Plaintiff sues for the retainer pay to which he claims he is entitled as a Fleet Reservist. His suit covers the period from December 6, 1961, the date of our former judgment in the case of Smith v. United States, 155 Ct. Cl. 682, to the date of our judgment in this case.

Defendant filed a motion to dismiss on the ground that the Secretary of the Navy has refused to transfer plaintiff to the Fleet Reserve and, hence, he is not a member thereof, and, therefore, not entitled to retainer pay.

Plaintiff says that our former opinion allowing him the retainer pay of a Fleet Reservist is res judicata…