United States v. Gay

Background

A former enlisted sailor who became a warrant machinist and later a retired Navy officer lived in Switzerland after retirement. He was born in Switzerland, became a U.S. citizen in 1897, was retired for deafness in 1908, and received Navy permission to live abroad, first for successive years and then indefinitely. He kept the Navy’s Bureau of Navigation informed of his address, registered at the American consulate in Geneva, made affidavits of citizenship there, and responded to Navy communications in 1916 about possible duty and confidential information. In mid‑1916 the Navy directed the pay officer to stop his retired pay, and he later asked the Department for an explanation.

Reasoning

The key question was whether living in his birth country for more than two years made him lose U.S. citizenship and therefore his right to retired pay under the 1907 law that creates a presumption of expatriation. The Court looked at his status as a Navy officer and the Navy’s own permissions and procedures. It held that the 1907 law deals with citizenship alone and that an officer’s residence abroad, when authorized and reported to the Navy, is a different matter. Because Gay had official permission, kept the Navy informed, was treated as an officer entitled to confidential information, and had not done any act inconsistent with allegiance, the Court found the presumption overcome and affirmed the award of pay.

Real world impact

The ruling protects the pay and rights of retired officers who live abroad with official Navy permission and who comply with reporting rules, and requires the Government to rely on formal Navy authority before cutting such pay.