Alexander v. Fioto

After World War II Congress authorized retirement pay for nonregular military personnel with at least 20 years of service in the Reserves or National Guard. However, under 10 U. S. C. § 1331 (c), those who had been in the Reserves before World War II are not eligible for benefits unless they performed active duty during wartime. Appellee had no such active duty. He contends that he may not be denied benefits for which he is otherwise eligible simply because he had prewar service in the Guard. In the District Court he argued that the statute violates the equal protection principle inherent in…