Gardner v. United States

These are military pay cases wherein three plaintiffs seek the difference between disability retired pay now received (based only on their active service time), and disability retired pay claimed on the basis of their active duty pay at time of reretirement, which included their inactive time on the retired list between periods of active duty as well as their active duty time.

As plaintiffs stated in their brief, “the factual pattern of each of the cases is similar, differing only in immaterial aspects.” Two of the three plaintiffs were in the regular naval service and one in the Marine Corps…