Conlon v. United States

OPINION

ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

PHILIP R. MILLER, Judge:

This is a suit by a commissioned officer in the United States Army for additional active duty pay and variable housing allowance for the period from June 19, 1981 to date. The question presented is whether or not a commissioned officer who previously served exactly 4 years as an enlisted member of the Army is entitled to receive the rate of pay provided by 37 U.S.C. § 1009 for “Commissioned officers who have been credited with over 4 years active service as enlisted members.”

The facts alleged in the complaint are not disputed…