Jakway v. United States

Plaintiff sues for the difference between military disability retired pay computed on the basis of 75 percent of the active duty pay of a colonel with over 30 years’ service to which he claims he is entitled, and such pay computed on the basis of 50 percent of the active duty pay of a colonel with over 30 years’ service which he has been receiving since his retirement on February 29, 1956. Plaintiff bases his right to the higher percentage on paragraph 4 of section 15 of the Pay Readjustment Act of 1942,56 Stat. 359,368.

Prior to November 12, 1918, plaintiff served first in an enlisted…