Eicks v. United States

I am unable to agree with the majority for this reason: Prior to the enactment of the Armed Forces Leave Act of 1946, 60 Stat. 963, 37 U.S.C.A. § 31a et seq., the granting of leave was a discretionary act of the secretary concerned. It was not until the amendment of the above act in 1947, 61 Stat. 748, that officers were entitled to be compensated for leave accrued but not taken prior to separation. Consequently, I believe the court’s decision in Pollard v. United States, cited and relied on in the majority opinion, to be in error, in conflict with prior decisions of this court, and should be…