Neri v. United States

The plaintiff, an Army officer retired for physical disability, sues to recover the difference between the retired pay of a captain, which he has been receiving, and the retired pay of a major, to which he claims to be entitled.

The plaintiff was called to active duty in 1942 as a second lieutenant. He served continuously on active duty until March 24, 1950, at which time he was relieved from active *538duty by reason of physical disability incurred in line of duty, and was certified to the proper authorities for disability retired pay benefits pursuant to section 5 of the Act of April 3,1939, 53…