Thomas Nathan Russell v. The United States

WHITAKER, Judge.

In this action, arising on cross-motions for summary judgment, plaintiff seeks to recover retired pay based upon 75 percent of the basic pay of a lieutenant in the Navy, to which he claims he is entitled under the provisions of section 412 (a) of the Officer Personnel Act of 1947, 61 Stat. 874.

Plaintiff first enlisted in the Regular Navy on September 20, 1915. He served as an enlisted man until March 15, 1931, at which time he was transferred to inactive status in the Fleet Naval Reserve. During this active enlisted service plaintiff was specially cited for extraordinary…