Overview
Case summary
The claimant, a member of the Marine Band, sought to recover 'retained pay' under section 1281 of the Revised Statutes. The Court of Claims determined that because the pay of the Marine Band is statutorily tied to the pay of enlisted men in the infantry, and because the West Point Band (the only Army band) receives retained pay under section 1281, the claimant is entitled to the same compensation. The court awarded the claimant $72.
Abstract
A member of the Marine Band sought recovery of retained pay, arguing that the band's pay is statutorily tied to infantry enlisted men and equivalent to the Army's West Point Band, which receives such pay. The Court of Claims agreed and awarded the claimant $72. The court ruled in favor of the claimant, ordering recovery of the amount.
Legal categories
Case record
Issues & holdings
Holdings of the court
Timeline
No timeline recorded.
Facts & evidence
Key facts
4 facts- Claimant served as a member of the Marine Band from September 26, 1887, to September 25, 1892.
- Claimant was not paid 'retained pay' under section 1281 of the Revised Statutes during his service.
- The West Point Band (Military Academy Band) has been receiving 'retained pay' under section 1281 since the Act of May 15, 1872.
- The pay of the Marine Band is statutorily linked to the pay of enlisted men of like grades in the infantry of the Army, which in turn is linked to the West Point Band.