Rawlins v. United States

This military pay case comes before the court on defendant’s motion to dismiss for failure to state a claim upon which relief can be granted. Plaintiff retired from the United States Navy in 1951, holding the rank of commander. He alleges that he was wrongfully denied advancement to the rank of captain. He now seeks back pay in an amount equal to the difference in salary and retirement pay between what he has actually received and the amount which he would have received had he been promoted to the rank of captain at an appropriate time. The Government maintains that this court is without…