O'Keefe v. United States

Per Curiam:*

Plaintiff was retired by the Army for physical disability in 1951 in the rank of Colonel. He had been Adjutant General of the Mississippi National Guard from 1936 to 1939 with the federally recognized rank of Brigadier General and on the basis of that service he requested the Army in January 1963 to advance him on the disability retirement list to the rank of Brigadier General pursuant to section 402(d) of the Career Compensation Act of 1949 (63 Stat. 818) which provides in part:

* * * That the disability retirement pay of any such member who shall have held a temporary rank,…