Johnston v. United States

Plaintiff sues for retired pay equal to three-fourths of the active-duty pay of a commander in the United States Navy credited with the plaintiff’s length of service, less retired pay already received under the point system, for the period from December 10,1948, to date of judgment. Both parties have moved for summary judgment.

Plaintiff bases his action on section 412(a) of the Officer Personnel Act of August 7, 1947, 61 Stat. 874 (34 U.S.C. 410n (1952 ed.)), which reads, in part:

Sec. 412. (a) All officers of the Navy, Marine Corps, and the Eeserve components thereof, who have been specially…