Brown v. United States

OPINION

NETTESHEIM, Judge.

Plaintiff has moved for summary judgment, defendant has cross-moved for summary judgment, and argument has been held.

FACTS

The dispute in this military pay case concerns plaintiff’s retirement rank or grade. *176Plaintiff was commissioned into the Regular Army as a second lieutenant and remained on continuous active duty as a commissioned officer for 23 years and eleven months before voluntarily retiring on July 31, 1980. Plaintiff held appointments in both the Regular Army and the Army of the United States. The Army of the United States is the Army referred to in the…