Tracy v. United States

MADDEN, Judge.

The issue is the rate of pay which plaintiff, a retired Army officer, is entitled to receive. He was retired May 1, 1950, for physical disability, his rate of retired pay being 60 percent of the basic pay of a lieutenant colonel with over 26 years’ service, pursuant to Title IV of the Career Compensation Act of 1949, 63 Stat. 802, 37 U.S.C.A. § 271 et seq.

Plaintiff claims that, since he was serving on active duty in the temporary rank of lieutenant colonel, but at that time he held the permanent rank of a colonel in the Officers’ Reserve Corps, he should have been retired at the…