Lowell v. United States

Need, Justice {Bet.),

sitting by designation, delivered the opinion of the court:

This is a suit by a Eeserve officer retired for physical disability who seeks to recover the difference between disability retired pay based upon 75 percent of the basic pay of a major, which he is now receiving, and 75 percent of the basic pay of a lieutenant colonel to which he claims he is entitled. Both parties have moved the court for summary judgment on the ground that there is no genuine issue of any material fact and as a matter of law they are entitled to judgment.

Plaintiff first entered the service as an…