SELMAN v. UNITED STATES

Nos. 421-72, 422-72.

498 F.2d 1354 (1974)

Richard J. SELMAN v. The UNITED STATES. George S. H. SHARRATT, Jr. v. The UNITED STATES.

United States Court of Claims.

June 19, 1974.


Attorney(s) appearing for the Case

Penrose Lucas Albright, Arlington, Va., for plaintiff; J. Nelson Happy, Kansas City, Mo., attorney of record for plaintiff; James M. Haviland, Dietrich, Davis, Burrell, Dicus & Rowlands, Kansas City, Mo., of counsel.

Rose E. Adewale-Mendes, Washington, D.C., with whom was Acting Asst. Atty. Gen. Irving Jaffe, Washington, D.C., for defendant.

Before SKELTON, KASHIWA and KUNZIG, Judges.


KUNZIG, Judge.

This is a consolidated military pay suit in which plaintiffs claim they are entitled to rear admiral (lower half) pay for their periods of service as Assistant Judge Advocates General (AJAGs) of the Navy, while occupying only the rank of captain. We hold they are so entitled.

Because of its de minimis factual background, involving no significant dispute, the case reduces to one of virtually...

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