Gilmartin v. United States

The facts sufficiently appear from the opinion of the court.

This is an action by a retired army officer for the difference in retired pay of a colonel with over 26 years’ service, to which plaintiff asserts he is entitled, and the retired pay of a lieutenant colonel with like service, which plaintiff has actually received, since August 1, 1950.

Plaintiff entered the United States Military Academy on June 14,1918, and served as a cadet from that date to June 27, 1918, and from August 31, 1918, until his graduation on June 14, 1922. Upon graduation he was commissioned as a second lieutenant in…