Sweeney v. United States

The plaintiff enlisted in the United States Navy on April 13, 1886, and served continuously thereafter until May 11, 1918, a period of more than thirty years. During this time *643he had risen by successive promotions to the commissioned rank of Chief Boatswain, in which rank he was retired on May 11, 1918, because of physical disability resulting from an incident of the service.

Under the act of May 22, 1917 (40 Stat. 84, 85), it was provided that commissioned warrant officers under the age of 50 years might be appointed to temporary grades of commissioned officers. The plaintiff being more than…