Milton J. Bienvenu, Jr. v. United States

MADDEN, Judge.

The plaintiff, an officer retired from the Navy for physical disability incurred in Naval service, is receiving the retired pay of an ensign. He claims to have been, from the date of his retirement, entitled to the retired pay of a lieutenant (junior grade) and sues for the difference between the two rates of retired pay.

The plaintiff, on January 16, 1942, enlisted in the United States Naval Reserve. On May 7, 1943, he was commissioned as an ensign in the Naval Reserve. On February 25, 1944, he was called to active duty. At some time thereafter, not specified in the record, he…