Charles D. Fox v. United States

DURFEE, Judge.

This case presents the question of whether or not a lump-sum readjustment payment under the provisions of section 265(a) of the Armed Forces Reserve Act of 1952, 66 Stat. 481, as amended, 70 Stat. 517, 50 U.S.C.A. § 1016, is payable to a reservist who is involuntarily released from further active duty as a commissioned officer and immediately re ports for active duty as a Regular Army warrant officer without any break in service.

Following a period of several years of enlisted service in the National Guard, plaintiff was ordered to active duty with the Army as a second…