Stone v. United States

This is a congressional reference case. The evidence was taken by a trial commissioner, Mastín G. White.1 The facts are set out clearly and in detail in the trial commissioner’s report. We have adopted his findings, with some slight modification, and they are made a part of this report.

Briefly the facts are as follows: The plaintiff, an enlisted man in the National Guard, was called to active duty with the Army of the United States in November 1940. Later he attended an Officers Candidate School, was commissioned a second lieutenant in mid-1942, and assigned to service in the Field Artillery.…