Grayson v. United States

I respectfully dissent for the following reasons:

Plaintiff’s claim for retired pay as a brigadier general is based on the Act of June 29, 1948. Said act applies by its very terms to regulars and reservists. Plaintiff was neither. *784In World War I be was an emergency officer. His later service was in the National Guard and in the Army of the United States, pursuant to Joint Resolution, September 22, 1941, 55 Stat. 728. Therefore, he could not qualify as either a regular or a reservist under the Act of June 29, 1948.

Furthermore, plaintiff’s entitlement to retired pay, if any stems from the Act of…