Winfree v. United States

Plaintiff, a Colonel in the regular army, brings this action to recover the difference in pay between that actually received by him as a retired officer and that which he would have received had he remained on active duty for the period between February 1,1942, and November 30,1943.

There are two principal questions which we are called upon to decide. First, whether plaintiff’s retirement orders were effectively revoked; second, if not, whether plaintiff on January 31, 1942, had the requisite service for retirement under Section 1 of the Act of June 30,1882,22 Stat. 117.

This section of the Act…