WHITAKER, Judge.
This is an action by a former reserve officer for retired pay.
Pursuant to the National Defense Act of June 3, 1916, sixth paragraph, section 37, 39 Stat. 166, 189, 190, plaintiff, on April 27, 1917, was appointed a Second Lieutenant, Corps of Engineers, Officers' Reserve Corps, "for a period of five years unless sooner terminated in the discretion of the President." Thereafter, plaintiff was called to active duty and served as an officer...
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