White

Court of Claims

White

157 Ct. Cl. 939, 1962 U.S. Ct. Cl. LEXIS 125, 1962 WL 1583

CourtUnited States Court of Claims

DecidedApril 13, 1962

DocketNo. 477-59

StatusPublished

Cited by1 cases

This text of 157 Ct. Cl. 939 (White) 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

White, 157 Ct. Cl. 939, 1962 U.S. Ct. Cl. LEXIS 125, 1962 WL 1583 (cc 1962).

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Opinion

Military pay; active duty pay; retired pay (nondisability) ; arbitrary action of correction board; limitation of [940]*940actions. — Plaintiff sues for additional active duty pay and also for additional nondisability retired pay based on his claim that he should have been promoted to the rank of captain and that the refusal of the Board for the Correction of Military Records to correct his record to show his active duty as a captain and his retirement in the rank of captain was arbitrary and capricious. Upon consideration thereof, together with the opposition thereto and oral argument of counsel, it was concluded, on the basis of Lipp v. United States, 157 Ct. Cl. 197, cert. denied, 373 U.S. 932, that plaintiff’s alleged claim is barred by the statute of limitations, 28 U.S.C. § 2501, and, on April 13, 1962, the court ordered that the petition, as amended, be dismissed.

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Military pay; active duty pay; retired pay (nondisability) ; arbitrary action of correction board; limitation of [940]*940actions. — Plaintiff sues for additional active duty pay and also for additional nondisability retired pay based on his claim that he should have been promoted to the rank of captain and that the refusal of the Board for the Correction of Military Records to correct his record to show his active duty as a captain and his retirement in the rank of captain was arbitrary and capricious. Upon consideration thereof, together with the opposition thereto and oral argument of counsel, it was concluded, on the basis of Lipp v. United States, 157 Ct. Cl. 197, cert. denied, 373 U.S. 932, that plaintiff’s alleged claim is barred by the statute of limitations, 28 U.S.C. § 2501, and, on April 13, 1962, the court ordered that the petition, as amended, be dismissed.

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Bluebook (online)

157 Ct. Cl. 939, 1962 U.S. Ct. Cl. LEXIS 125, 1962 WL 1583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-cc-1962.

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