Smith v. United States

The plaintiff sues to recover flying pay based on his rating as an airplane pilot.

At the beginning of the period involved herein plaintiff was a major, Medical Corps, Regular Army. On June 1, 1937, he was promoted to lieutenant colonel. After completing the regular course in flying and having demonstrated his fitness for rating as an airplane pilot, plaintiff was given such a rating by the War Department effective April'30, 1920. He was detailed to duty requiring regular and frequent participation in aerial flights, and performed the duties which entitled him to flying pay.

However, for the…