BIENVENU v. UNITED STATES

No. 346-58.

280 F.2d 822 (1960)

Milton J. BIENVENU, Jr. v. UNITED STATES.

United States Court of Claims.

July 15, 1960.


Attorney(s) appearing for the Case

James M. McCullough, Washington, D. C., for plaintiff. Leo J. McCullough, Washington, D. C., was on the briefs.

Arthur E. Fay, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant.


MADDEN, Judge.

The plaintiff, an officer retired from the Navy for physical disability incurred in Naval service, is receiving the retired pay of an ensign. He claims to have been, from the date of his retirement, entitled to the retired pay of a lieutenant (junior grade) and sues for the difference between the two rates of retired pay.

The plaintiff, on January 16, 1942, enlisted in the United States Naval Reserve. On May 7, 1943, he was commissioned as an...

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