Kutz v. United States

Plaintiff, a retired naval officer now receiving retired pay computed on the pay of a commander with over 21 years of service, sues for retired pay computed on the pay of a commander with over 30 years of service. The main issues revolve around the legal defenses of the statute of limitations, res judicata, and collateral estoppel. The facts are not in dispute.

Plaintiff was a commissioned officer in the Navy during World War I and received a commendation from the Secretary of the Navy for his exemplary conduct and bearing on the occasion of the sinking, on July 19, 1918, of the USS San Diego…