Darby v. United States

Plaintiff, an Army officer, seeks to recover pay and allowances resulting from an adjusted date of rank.

Both plaintiff and defendant have filed motions for summary judgment, presenting the question as to whether the correction of plaintiff’s records “* * * to show that his dates of rank, for all purposes, * * *” is to be construed as entitling plaintiff to pay and allowances from the corrected dates of rank.

The material facts are not in dispute and are, briefly, as follows: Plaintiff was appointed a Midshipman in the U.S. Navy on June 11, 1943. Following his graduation from the Naval Academy…