Mahlon Pitney

“ The question is whether the appellant (having all other qualifications for advancement under the act referred to) is to be considered as having been retired for disability incident to the service; and this depends upon the question whether the special act of June 10, 1902, operated to change his status from that of an officer retired for incapacity not incident to the service, to that of an officer retired for incapacity incident to the service. ”

“ There is nothing in the record to show that any wrong or injustice was done by the action of the retiring board. The answer to the query is, we think, written in unmistakable terms in the act itself, and in § 1588, Rev. Stat., to which it refers. The intended relief consisted in an increase of pay, measured by the difference between half pay and three quarters pay, for the rank that he held at the time of his retirement ”

“ The pay of all other officers on the retired list shall, when not on active duty, be equal to one half the sea pay provided by this chapter for the grade or rank held by them, respectively, at the time of their retirement.' [1]
In January, 1907, appellant was nominated by the President for advancement to the grade of lieutenant commander on the retired list, in accordance with the provisions of the act of June 29, 1906, first above mentioned ”