Dene v. United States

This action is brought for the purpose of recovering the difference between the retired pay of a first sergeant and the retired pay of a sergeant in the Army.

Under the act of March 2, 1907, 34 Stat. 1217, the plaintiff had the absolute right when he had served thirty years, upon making application to the President, to be “placed on the retired list, with seventy-five per centum of the pay and allowances he may then be in receipt of.” It has been frequently and repeatedly held by this court that this right of retirement is not subject to any discretion on the part of any superior officer, not…