Darby v. United States

173 F. Supp. 619, 146 Ct. Cl. 211, 1959 U.S. Ct. Cl. LEXIS 155
CourtUnited States Court of Claims
DecidedJune 3, 1959
DocketNo. 189-58
StatusPublished
Cited by5 cases

This text of 173 F. Supp. 619 (Darby v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Darby v. United States, 173 F. Supp. 619, 146 Ct. Cl. 211, 1959 U.S. Ct. Cl. LEXIS 155 (cc 1959).

Opinion

Laramore, Judge,

delivered the opinion of the court:

Plaintiff, an Army officer, seeks to recover pay and allowances resulting from an adjusted date of rank.

Both plaintiff and defendant have filed motions for summary judgment, presenting the question as to whether the correction of plaintiff’s records “* * * to show that his dates of rank, for all purposes, * * *” is to be construed as entitling plaintiff to pay and allowances from the corrected dates of rank.

The material facts are not in dispute and are, briefly, as follows: Plaintiff was appointed a Midshipman in the U.S. Navy on June 11, 1943. Following his graduation from the Naval Academy he was commissioned an Ensign in the Navy on June 5,1946. Because of chronic seasickness he was permitted to resign from the Navy under honorable conditions on November 18,1948, in expectation of an Army commission. Plaintiff was appointed a Second Lieutenant, Regular Army, on December 10,1948. Thereafter he was appointed to the temporary grade of First Lieutenant on May 29,1950; to the permanent grade of First Lieutenant on December 10, 1951; to the temporary grade of Captain on December 31, 1952; and to the permanent grade of Captain on October 29, 1954. Plaintiff is currently on duty as a Captain, U.S. Army.

After his acceptance of an Army commission, recommendations by plaintiff’s military superiors for his promotion were disapproved because of the Army’s refusal to give him credit for his commissioned Navy service. A request for the adjustment of plaintiff’s position on the promotion list to give him such credit was also denied.

Plaintiff filed application to the Army Board for Correction of Military Records. As a result thereof, the Secretary of the Army directed “that all of the Department of the [214]*214Army records of Charles E. Darby be corrected to show that his dates of rank, for all purposes, as Second Lieutenant in the Eegular Army and First Lieutenant, Army of the United States, are 25 June 1946, and 27 May 1949, respectively, and that his dates of rank for grades subsequently held be adjusted in accord therewith.”

The Adjutant General of the Army in due course notified plaintiff that his date of rank as Captain, Army of the United States, was similarly corrected. The Army register issued subsequent to these corrections reflected plaintiff’s appointments to permanent and temporary grades in accordance with the corrected dates as directed by the Secretary of the Army and as published by the Adjutant General of the Army.

The results of the corrections made are indicated by the notification to plaintiff by the Adjutant General as follows:

2.Under the provisions of title 10, U.S. Code, section 1552, Department of the Army General Orders 12 and Memorandum 1522, both dated 1 March 1957, your permanent dates of rank in the following grades in the Eegular Army are changed as indicated:

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Related

Millard v. United States
14 Cl. Ct. 55 (Court of Claims, 1987)
United States Ex Rel. Healy v. Beatty
300 F. Supp. 843 (S.D. Georgia, 1969)
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167 Ct. Cl. 377 (Court of Claims, 1964)
William L. Schiffman v. The United States
319 F.2d 886 (Court of Claims, 1963)
Carter v. United States
152 Ct. Cl. 334 (Court of Claims, 1961)

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Bluebook (online)
173 F. Supp. 619, 146 Ct. Cl. 211, 1959 U.S. Ct. Cl. LEXIS 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/darby-v-united-states-cc-1959.