Johnston v. United States

Plaintiff in this action seeks disability retired pay computed at 75 percent of the pay of a lieutenant colonel with over thirteen years service from June 7,1955, to the present, to which he claims to be entitled pursuant to Section 402 of the Career Compensation Act of 1949, 10 U.S.C. 1201 (1958).

Plaintiff, after having served as an enlisted man on active duty in the Army from September 9, 1918, through July 15, 1919, applied for a commission in the Army of the United States on June 18,1942. He was appointed a first lieutenant, with waiver for obesity, and served on active duty continuously…