Jalbert v. United States

We are unable to agree with the majority.

Plaintiff attended the Naval Academy under a pre-1913 appointment. He served as a commissioned officer until 1920, at which time he resigned from the service. He did not retire; he resigned. This completely severed his connection with the Navy. From then on until he was again commissioned in 1940 he was not in the service. He was reappointed in 1940, and this commission, and this alone, is the one under which he must claim.

*448Under the 1922 Act, persons commissioned after July 1, 1922, could count only commissioned service for purposes of pay. The Act…