Kimberly v. United States

On October 31,1945, the plaintiff was retired with the rank and pay of a colonel with over 30 years’ service. He was retired for physical disability found to be an incident of the service under the provisions, of the Revised Statutes, Section 1251.

Pie claims that from October 1, 1949, he should have received the retired pay of a brigadier general. This suit is for the difference in the retired pay that he is receiving and the retired pay of such higher rank.

The claim is based on that portion of the act of October 12,1949,63 Stat. 816,823, which reads as follows:

* * * Provided further, That…