Richard Walter Ricker and Oswald Bryan Salyer v. The United States

ON PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT

DURFEE, Judge.

Plaintiffs, retired Navy captains, seek to recover the difference between their retired pay and the active duty pay and allowances of Navy captains, commencing July 1, 1965, and continuing until such date as judgment may be entered. It is plaintiffs’ position here that their retirement was illegally effected on June 30, 1965, because a continuation board convened under the Act of August 11, 1959, P.L. 86-155, 73 Stat. 333 (which failed to recommend them for continuation on the active…