Tracy v. United States

I agree that plaintiff should have been retired at the rate of 75 percent of his pay as a lieutenant colonel, the highest rank in which he ever actually served. It is true that after he was called into the Federal service and was appointed a lieutenant colonel in the Army of the United States he was tendered and accepted a permanent appointment as a colonel in the Officers’ Reserve Corps, but he continued to serve as a lieutenant colonel in the Army of the United States, and he never had a minute’s actual service as a colonel, and at no time served in a higher rank than that of lieutenant…