Willis D. Friestedt v. The United States

LARAMORE, Judge.

In this action plaintiff seeks 75 percent of the retired pay of a first lieutenant rather than retired pay computed at 57% percent of the pay of a second lieutenant which he is being paid. He bases his action on 10 U.S.C. § 1372 (1958 Ed.); 10 U.S.C. § 1375 (1958 Ed.); 37 U.S.C. § 115 (1958 Ed.); and section 513 of the Career Compensation Act of 1949, 63 Stat. 802, 830. 1

Plaintiff enlisted in the United States Army on April 18, 1917, and served until' October 1, 1918, on which date he was commissioned a second lieutenant and entered upon active duty in that grade. He served…