Leonard v. United States, 279 U.S. 40 (1929)

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Leonard v. United States

No. 183

Argued January 17, 1929
Decided February 18, 1929
279 U.S. 40

CERTIORARI TO THE COURT OF CLAIMS

Syllabus

1. In the Act of June 10, 1922, which adjusts the base pay of officers of the Army, Navy, and Marine Corps according to rank and length of service, the clause in § 1 providing that,

For officers in the service on June 30, 1922, there shall be included in the computation all service which is now counted in computing longevity pay,

refers only to officers who were in active service on that date. P. 44.

2. The Act to equalize pay of retired officers, approved May 8, 1926, in providing that the pay of officers retired on or before June 30, 1922, shall not be less than that of officers of equal rank and length of service retired subsequent to that date, contemplates that the standard of comparison in each case shall be an officer continually in active service until his retirement after that date, and does not operate to extend to officers retired before June 10, 1922, the benefits of the clause from the Act of that date quoted supra, par. 1. P. 45

3. An officer of the Marine Corps who retired in 1911, and, under the Act of March 2, 1903, received longevity pay for his retired service because the retirement was on account of wounds received in battle, held not entitled, under the Acts of June 10, 1922, and May 8, 1926, to have the years spent by him on the retired list counted in determining his base pay period. P. 45.

64 Ct.Cls. 384 affirmed.

Certiorari, 278 U.S. 586, to a judgment rejecting a claim for additional pay, preferred by a retired officer of the Marine Corps.