Ferguson v. United States

Plaintiff brings this suit to recover the difference between the disability retired pay of a major in the United States Marine Corps, which he has actually been receiving since March 1, 1954, and that of a lieutenant colonel to which he claims he is entitled.

While serving on active duty as a major in the Marine Corps, plaintiff underwent a preretirement physical examination during September of 1953 at Tripler Army Hospital. This examination demonstrated that plaintiff was suffering from spondylolisthesis L5-S1 and arthritic changes of the lumbosacral spine. As a result, a board of medical…