SCHIFFMAN v. UNITED STATES

No. 548-59.

319 F.2d 886 (1963)

William L. SCHIFFMAN v. The UNITED STATES.

United States Court of Claims.

July 12, 1963.


Attorney(s) appearing for the Case

Paul R. Harmel, Washington, D. C., for plaintiff. Geiger, Harmel & Schuchat, Washington, D. C., were on the briefs.

Katherine H. Johnson, Alexandria, Va., with whom was Asst. Atty. Gen. John W. Douglas, for defendant.

Before JONES, Chief Judge, and WHITAKER, LARAMORE, DURFEE and DAVIS, Judges.


DURFEE, Judge.

Plaintiff was released from active duty with the Army on June 14, 1946, in apparent good health. When released, he had the option of taking $300 mustering out pay or a "terminal leave promotion" to major under War Department Circular No. 10, of January 11, 1946. Plaintiff qualified for the terminal leave promotion — 24 months in grade and an efficiency index of 40 — but chose the mustering out pay.

In August 1940 plaintiff was...

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