Adams v. United States

Madden, Judge,

delivered the, opinion of the court:

The plaintiff, John Edward Birney, is plaintiff No. 17 in the above-entitled case. The word “plaintiff” as used hereinafter will refer only to him.

The plaintiff, an enlisted man in the Navy, transferred to the Fleet Reserve on November 22,1920, with credit for exactly sixteen years’ service. As a member of the Fleet Reserve he received retainer pay of one-third of his active duty pay, which retainer pay was appropriate to his sixteen years of active service. He was recalled to active duty on September 2,1941, and served more than 5 years after…