MADDEN, Judge.
The issue is the rate of pay which plaintiff, a retired Army officer, is entitled to receive. He was retired May 1, 1950, for physical disability, his rate of retired pay being 60 percent of the basic pay of a lieutenant colonel with over 26 years' service, pursuant to Title IV of the Career Compensation Act of 1949, 63 Stat. 802, 37 U.S.C.A. § 271 et seq.
Plaintiff claims that, since he was serving on active duty in the temporary rank...
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