Kingsley v. United States 26 Ct. Cl. 622

JOSEPH F. KINGSLEY v. THE UNITED STATES.

[24 C. Cls. R., 219; 138 U. S. R., 87.]

On the defendants’ Appeal.

An enlisted man in the Marine Corps is discharged by order of the Secretary of the Navy as unfit for service and of bad character. He' seeks to recover his “retained pay” and transportation to the place of enlistment.

The court below decides :

(1) The 11 retained pay" and “transportation and subsistence” given to soldiers in the Army by Revised Statutes, §§ 1281,1290, are extended to the Marine Corps by § 1612.'

(2) The “retained pay" given to soldiers at the time of their discharge for honest and faithful service by Revised Statutes, $ 1281, can not be forfeited in a collateral proceeding.

The decision of the court below is reversed as to retained pay, on the ground that it can be forfeited in a collateral proceeding.