Thornley v. United States 20 Ct. Cl. 528

JOHN THORNLEY v. THE UNITED STATES.

(18 C. Cls. R., 111; 113 U. S. R., 310.)

On the claimant's Appeal.

The claimant, a medical director of the Navy, having been in service, though on the retired list, more than twenty years, claims that his retired pay increased each period of five years up to twenty years, as provided for officers on the active list by Rev. Stat., § 1556.

The court below decides—

(1.) Longevity pay for officers of the Navy was first established by law in 1835. It was then allowed only to surgeons.

(2.) Officers of the Navy on the retired list are not entitled to increase of pay by reason of longevity while on that list. Their retired pay is fixed at .75 per cent, of the sea-pay of the grade or rank held by them at the time of retirement.

(3.) The periods of five years’ service mentioned in Rev. Stat., § 1556, for increase of pay are “grades” within the meaning of Rev. Stat., § 1588, fixing the pay of retired officers at 75 per cent, of the sea-pay of the grade or rank held at the time of retirement.