McTAGGART v. SECRETARY OF AIR FORCE

No. 18964.

458 F.2d 1320 (1972)

Carl L. McTAGGART, Appellant-Plaintiff, v. SECRETARY OF the AIR FORCE and United States of America, Appellees-Defendants.

United States Court of Appeals, Seventh Circuit.

April 6, 1972.


Attorney(s) appearing for the Case

John Bock, Jr., Belleville, Ill., Leroy Crouther, Jr., Thad Niemira, St. Louis, Mo., for appellant.

Henry A. Schwarz, U. S. Atty., Michael L. Levinson, Asst. U. S. Atty., for appellees.

Before KILEY and STEVENS, Circuit Judges, and CAMPBELL, Senior District Judge.


STEVENS, Circuit Judge.

Plaintiff is a former Air Force officer who achieved both a temporary and permanent rank of Captain and was honorably discharged, but was retired as a First Lieutenant under 10 U.S.C. § 1372. He claims that his rank at the time of his Honorable Discharge should determine his rate of retirement pay.

The discharge occurred on December 5, 1962, as a result of a disciplinary proceeding. Having accumulated 19 years, 8 months, and 11...

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