Abad v. United States

In a case with an identical fact situation, this court has already decided that section 208, supra, applies only to members of the Fleet Reserve who had completed more than 16 years of active service when they transferred to the Reserve and not to those who transferred with exactly 16 years’ service. Liberty v. United States, 120 C. Cls. 274.

The majority holds that Congress could not have meant one rate of retirement pay for those who have exactly 16 years of service and another rate for those who have had 16 years and 1 day, for example. However, enlistments, as *410well as reenlistments, in the…